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Academic

Legal Theory Blog

Thoughts about current developments in normative legal theory and jurisprudence.
By Larry Solum

Post Frequency: 67.6/day

Last Entry: April 01, 2011 at 13:55:00

Charles on John Marshall & Alexander Addison

Posted on June 03, 2010
Patrick J. Charles has posted Resurrecting the Jurisprudence of Alexander Addison: John Marshall?s Unknown Influence in United States v. Fisher and McCulloch v. Maryland on SSRN. Here is the abstract: In the recently decided United States v. Comstock, the Supreme...

Fuentes-Rohwer & Durfee on Frankfurter & Brennan on Judicial Review & Politics

Posted on June 03, 2010
Luis E. Fuentes-Rohwer and Laura Jane Durfee (Indiana University-Bloomington, Maurer School of Law and Indiana University School of Law-Bloomington) have posted Leaving the Thicket at Last? (Michigan State Law Review, Vol. 417, 2009) on SSRN. Here is the abstract: Across...

Weinberg on the Functionality Doctrine in Trademark Law

Posted on June 03, 2010
Harold R. Weinberg (University of Kentucky - College of Law) has posted An Alternate Functionality Reality (Journal of Intellectual Property Law, Forthcoming) on SSRN. Here is the abstract: The Supreme Court last addressed trade dress law?s functionality doctrine in TrafFix...

D'Amato on the New Haven School of International Relations

Posted on June 03, 2010
Anthony D'Amato (Northwestern University - School of Law) has posted Power, Law, Actors, and the View from New Haven (Participants in the International Legal System: Theoretical Perspectives, Forthcoming) on SSRN. Here is the abstract: Law needs Power for enforcement of...

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Hovenkamp on American Needle v. National Football League

Posted on June 02, 2010
Herbert J. Hovenkamp (University of Iowa - College of Law) has posted American Needle and the Boundaries of the Firm in Antitrust Law on SSRN. Here is the abstract: In American Needle the Supreme Court unanimously held that for the...

Serota on Filibuster Reform

Posted on June 02, 2010
Michael Serota (University of California, Berkeley, School of Law) has posted Breaking the Gridlock in the Senate: A Proposal for a Bipartisan Filibuster Commission (Georgetown Public Policy Review Online, March 2010) on SSRN. Here is the abstract: Any resolution to...

Zahar on Greenhouse Gas Reporting

Posted on June 02, 2010
Alexander Zahar (Griffith University - Griffith Law School) has posted Does Self-Interest Skew State Reporting of Greenhouse Gas Emissions? A Preliminary Analysis Based on the First Verified Emissions Estimates of Annex B Parties to the Kyoto Protocol (Climate Law, Vol...

Call for Papers: Valuing Lives at NYU

Posted on June 02, 2010
VALUING LIVES: A CONFERENCE ON ETHICS IN HEALTH & THE ENVIRONMENT NEW YORK UNIVERSITY CENTER FOR BIOETHICS HOSTS 'VALUING LIVES: A CONFERENCE ON ETHICS IN HEALTH & THE ENVIRONMENT' SATURDAY, MARCH 5, 2011 The NYU Center for Bioethics in conjunction...

Parry on the Law of Treaties in the Roberts Court

Posted on June 02, 2010
John T. Parry (Lewis & Clark Law School) has posted Rewriting the Roberts Courts' Law of Treaties (Texas Law Review, Vol. 88, 2010) on SSRN. Here is the abstract: This short essay in the Texas Law Review's on-line companion, See...

Davis on Legal Universalism & Development

Posted on June 02, 2010
Kevin E. Davis (New York University - School of Law) has posted Legal Universalism: Persistent Objections (Forthcoming, University of Toronto Law Journal) on SSRN. Here is the abstract: This essay addresses the question of whether there is any set of...

Lee on Constitutional Interpretation & Semantic Drift

Posted on June 02, 2010
Jack Tsen-Ta Lee (School of Law, Singapore Management University) has posted The Text Through Time (Statute Law Review, Forthcoming) on SSRN. Here is the abstract: The text of a written constitution or bill of rights is prone to 'drift' or...

Rao on Justice Ginsburg's Equality Jurisprudence

Posted on June 02, 2010
Neomi Rao (George Mason University School of Law) has posted Gender, Race, and Individual Dignity: Evaluating Justice Ginsburg's Equality Jurisprudence (Ohio State Law Journal, Vol. 70, No. 4, pp. 1053-1084, 2009) on SSRN. Here is the abstract: This article examines...

Kiiver on the German Constitutional Court on the Lisbon Treaty

Posted on June 01, 2010
Philipp Kiiver (Maastricht University) has posted Reflections on the Lisbon Judgment - How the Judges at Karlsruhe Trust Neither the European Parliament Nor Their National Parliament (Maastricht Journal of European and Comparative Law, Vol. 16, pp. 263-270, 2009) on SSRN...

Esenberg on FEC v. Davis

Posted on June 01, 2010
Richard M. Esenberg (Marquette University - Law School) has posted The Lonely Death of Public Campaign Financing (Harvard Journal of Law & Public Policy, Vol. 33, No. 1, pp. 283-332, Winter 2010) on SSRN. Here is the abstract: This paper...

Jaszi on Protection of Traditional Culture in Indonesia

Posted on June 01, 2010
Peter A. Jaszi (American University - Washington College of Law) has posted Traditional Culture: A Step Forward for Protection in Indonesia on SSRN. Here is the abstract: This study, originally published in Indonesian and translated into English, is the culmination...

Chin, Hessick, Massaro, & Miller on the Arizona Immigration Law

Posted on June 01, 2010
Gabriel J. Chin, Carissa Byrne Hessick, Toni M. Massaro and Marc L. Miller (University of Arizona James E. Rogers College of Law) have posted Arizona Senate Bill 1070: A Preliminary Report on SSRN. Here is the abstract: This paper explores...

Call for Papers: The Nature of Law at McMaster University

Posted on June 01, 2010
2011 McMaster University Philosophy of Law Conference The Nature of Law: Contemporary Perspectives Hosted by McMaster University?s Philosophy Department Keynote Speakers Julie Dickson Mike Giudice Matthew Kramer Brian Leiter Mark Murphy Scott Shapiro Graduate Presentations May 11-13 Call for papers...

Greenleaf on Free Access to Legal Information

Posted on June 01, 2010
Graham Greenleaf (University of New South Wales (UNSW) - Faculty of Law) has posted The Global Development of Free Access to Legal Information (A HISTORY OF LEGAL INFORMATICS LEFIS SERIES, A. Paliwala, ed., University of Zaragoza Press, 2010 , Journal...

Call for Papers: 2010 Conglomerate Junior Scholars Workshop

Posted on June 01, 2010
he 2010 Conglomerate Junior Scholars Workshop is underway! This fifth edition of our spectacularly amazing contribution to supporting the scholarship of tomorrow's tenured professors today has arrived. According to tradition and good judgment, the Conglomerate JSW is open to any...

Engelbrekt on WTO Dispute Settlement & International IP Law

Posted on June 01, 2010
Antonina Bakardjieva Engelbrekt (Stockholm University, Faculty of Law) has posted The WTO Dispute Settlement System and the Evolution of International IP Law: An Institutional Perspective on SSRN. Here is the abstract: One of the major advancements in the legal regime...

Allen on the Burden of Persuasion in Criminal Cases

Posted on May 31, 2010
Ronald J. Allen (Northwestern University Law School) had posted No Plausible Alternative to a Plausible Story of Guilt as the Rule of Decision in Criminal Cases (PROOF AND STANDARDS OF PROOF IN THE LAW, Juan Cruz, Larry Laudan, eds., 2010)...

McKoski on Judicial Appearance of Impropriety

Posted on May 31, 2010
Ray McKoski (Lake County, Illinois) has posted Judicial Discipline and the Appearance of Impropriety: What the Public Sees is What the Judge Gets (Minnesota Law Review, Vol. 94, No. 6, pp. 1914-1996, 2010) on SSRN. Here is the abstract: Judges...

May & Holton on Weakness of Will

Posted on May 31, 2010
Joshua May (UC Santa Barbara) Richard Holton (MIT) have posted What in the World is Weakness of Will? (direct link to PDF) on the Internet. Here is a taste of this very interesting paper: Our project is to shed light...

The Balance of Law

Posted on May 31, 2010
Nice post by Mike Labosserie. Here is a taste: One of the great problems in political and moral philosophy is that of the balance of law. Plato, in his ring of Gyges tale, was one of the first to present...

Glen on the Legal Education of the Justices

Posted on May 31, 2010
Patrick J. Glen (Department of Justice, Civil Division, Office of Immigration Litigation) has posted Harvard and Yale Ascendant: The Legal Education of the Justices from Holmes to Kagan on SSRN. Here is the abstract: With the nomination of Elena Kagan...

Perry on Economic Loss in the Exxon Valdez Litigation

Posted on May 31, 2010
Ronen Perry (University of Haifa - Faculty of Law) has posted Economic Loss, Punitive Damages, and the Exxon Valdez Litigation (Georgia Law Review, Forthcoming) on SSRN. Here is the abstract: On March 24, 1989, an Exxon supertanker ran aground on...

Legal Theory Lexicon: The Nature of Law

Posted on May 30, 2010
Introduction What is the nature of law? This question has occupired center stage jurisprudence and philosophy of law in the modern era, and has been the central occupation of contemporary analytic jurispurdence. This entry in the Legal Theory Lexicon aims...

Legal Theory Bookworm

Posted on May 29, 2010
The Legal Theory Bookworm recommends Mrs. Dred Scott: A Life on Slavery's Frontier Lea VanderVelde. Here is a description: Among the most infamous U.S. Supreme Court decisions is Dred Scott v. Sandford . Despite the case's signal importance as a...

Download of the Week

Posted on May 29, 2010
The Download of the Week is The Role of Authority by Scott Hershovitz. Here is the abstract: The most influential account of authority ? Joseph Raz's service conception ? is an account of the role of authority, in that it...

Grimmel on Wittgenstein on Rationality & Context

Posted on May 29, 2010
Andreas Grimmel (Minda de Gunzburg Center for European Studies (CES) / Harvard University) has posted Where the River Meets the Sea: Wittgenstein and the Context of Rationality on SSRN. Here is the abstract: The works of Ludwig Wittgenstein are famous...

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