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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

Street on Constructivism in Ethics & Metaethics

Posted on May 28, 2010
Sharon Street's In What is Constructivism in Ethics and Metaethics? is available in Philosophical Compass (Volume 5, Issue 5, 2010). Here is the abstract: Most agree that when it comes to so-called 'first-order' normative ethics and political philosophy, constructivist views...

Perry on Secular & Religious Worldviews and the Morality of Human Rights

Posted on May 28, 2010
Michael J. Perry (Emory University School of Law) has posted Secular Worldviews, Religious Worldviews, and the Morality of Human Rights (THE ROUTLEDGE COMPANION TO THEISM, Charles Taliaferro, Steven Goetz & Victoria S. Harrison, eds., Routledge, Forthcoming) on SSRN...

Leib & Serota on Consensus in Statutory Construction

Posted on May 28, 2010
Ethan J. Leib and Michael Serota (University of California - Hastings College of the Law and University of California, Berkeley, School of Law) have posted The Costs of Consensus in Statutory Construction (Yale Law Journal Online, Vol. 120, 2010) on....

Siegel on Friedman on the Supreme Court & Democracy

Posted on May 28, 2010
Neil Siegel (Duke University - School of Law) has posted A Coase Theorem for Constitutional Theory (Michigan State Law Review, 2010) on SSRN. Here is the abstract: There is much to admire about Barry Friedman?s new book, The Will of...

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Berger on Eighth Amendment Deference

Posted on May 28, 2010
Eric Berger (University of Nebraska at Lincoln - College of Law) has posted In Search of a Theory of Deference: The Eighth Amendment, Democratic Pedigree, and Constitutional Decisionmaking (Washington University Law Review, Vol. 88, 2010) on SSRN. Here is the...

Beck on the Origins of the Roe v. Wade Trimester Framework

Posted on May 28, 2010
Randy Beck (University of Georgia Law School) has posted Self-Conscious Dicta: The Origins of Roe v. Wade?s Trimester Framework on SSRN. Here is the abstract: One of the controversies arising from Roe v. Wade has concerned whether the opinion's trimester...

Luban on Markovits on Legal Ethics

Posted on May 27, 2010
David J. Luban (Georgetown University Law Center) has posted Review of Daniel Markovits, 'A Modern Legal Ethics: Adversary Advocacy in a Democratic Age' (Ethics, Forthcoming) on SSRN. Here is the abstract: Daniel Markovits offers a novel defense of the traditional...

Johnson on Mens Reas for Sexual Abuse

Posted on May 27, 2010
Eric Alan Johnson (University of Illinois College of Law) has posted Mens Rea for Sexual Abuse: The Case for Defining the Acceptable Risk (Journal of Criminal Law & Criminology, Vol. 99, No. 1, 2009) on SSRN. Here is the abstract:...

Bobek on 'Procedural Autonomy' of EU Member State Courts

Posted on May 27, 2010
Michal Bobek (European University Institute) Why There is no Principle of 'Procedural Autonomy' of the Member States (THE EUROPEAN COURT OF JUSTICE AND AUTONOMY OF THE MEMBER STATES, B. de Witte & H. Micklitz, eds., Intersentia, Forthcoming) on SSRN. Here...

Calamita on Countermeasures in International Law

Posted on May 27, 2010
N. Jansen Calamita (University of Birmingham, School of Law) has posted Countermeasures and Jurisdiction: Problems of Asymmetry, Fragmentation and Effectiveness (Georgetown Journal of International Law, Vol. 42, No. 2, 2010) on SSRN. Here is the abstract: The doctrinal role of...

Netanel & Nimmer on Whether Copyright Is Property in Jewish Law

Posted on May 27, 2010
Neil W. Netanel and David Nimmer (University of California, Los Angeles (UCLA) - School of Law and Irell & Manella LLP) have posted Is Copyright Property? The Debate in Jewish Law (Theoretical Inquiries in Law, Vol. 12, No. 1, 2011)...

Huang on Happiness & law

Posted on May 27, 2010
Peter H. Huang (Temple University - James E. Beasley School of Law) has posted Happiness Studies and Legal Policy (Annual Review of Law & Social Science, Forthcoming) on SSRN. Here is the abstract: Social scientists have conducted numerous empirical and...

Tyler on the Certification & the Supreme Court's Agenda

Posted on May 26, 2010
Amanda L. Tyler (George Washington University - Law School) has posted Setting the Supreme Court's Agenda: Is There a Place for Certification? (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract: This Essay, drawn from remarks offered as...

Perry on Empowerment & Tort

Posted on May 26, 2010
Ronen Perry (University of Haifa - Faculty of Law) has posted Empowerment and Tort Law (Tennessee Law Review, Vol. 76, 2009) on SSRN. Here is the abstract: Empowerment, a somewhat nebulous construct, has been a key concern in many disciplines...

Frankel on Private Entity Liability Under Section 1983

Posted on May 26, 2010
Richard Frankel (Drexel University Earle Mack School of Law) has posted The Failure of Analogy in Conceptualizing Private Entity Liability Under Section 1983 (University of Missouri-Kansas City Law Review, Vol. 78, No. 4, 2010) on SSRN. Here is the abstract:...

Luban on Fuller's Canons

Posted on May 26, 2010
David Luban (Georgetown University Law Center) has posted The Rule of Law and Human Dignity: Reexamining Fuller?s Canons (The Hague Journal on the Rule of Law, Forthcoming) on SSRN. Here is the abstract: Lon Fuller offered an analysis of the...

Hershovitz on Authority

Posted on May 26, 2010
Scott Hershovitz (University of Michigan Law School) has posted The Role of Authority (Philosophers' Imprint, Forthcoming) on SSRN. Here is the abstract: The most influential account of authority ? Joseph Raz's service conception ? is an account of the role...

Chen on Property Rights in China

Posted on May 26, 2010
Albert H. Y. Chen (Faculty of Law, University of Hong Kong) has posted The Law of Property and the Evolving System of Property Rights in China on SSRN. Here is the abstract: The enactment of the Law of Property (LP)...

Berry on the 8th Amendment & "Death is Different"

Posted on May 25, 2010
William W. Berry III (University of Mississippi School of Law) has posted More Different than Life, Less Different than Death on SSRN. Here is the abstract: The Supreme Court has traditionally divided its application of the Eighth Amendment into two....

McClain on Marriage Pluralism

Posted on May 25, 2010
Linda C. McClain (Boston University - School of Law) has posted Marriage Pluralism in the United States: On Civil and Religious Jurisdiction and the Demands of Equal Citizenship (MARRIAGE AND DIVORCE IN A MULTI-CULTURAL CONTEXT: RECONSIDERING THE BOUNDARIES OF CIVIL...

Perry on Englard on Retributive, Corrective, and Distributive Justice

Posted on May 25, 2010
Ronen Perry (University of Haifa - Faculty of Law) has posted The Third Form of Justice (Canadian Journal of Law and Jurisprudence, Vol. 23, 2010) on SSRN. Here is the abstract: Izhak Englard, a prominent tort scholar and a former...

Call for Papers: Freedom, Paternalism, and Morality at Bowling Green

Posted on May 25, 2010
The Bowling Green Workshop in Applied Ethics and Public Policy Call for Abstracts ?Freedom, Paternalism and Morality? April 1-2, 2011 The Bowling Green Workshop in Applied Ethics and Public Policy will take place in Bowling Green, Ohio on April 1-2,....

Johnston on Global Warming Advocacy Science

Posted on May 25, 2010
Jason Scott Johnston (University of Pennsylvania - Law School) has posted Global Warming Advocacy Science: A Cross Examination on SSRN. Here is the abstract: Legal scholarship has come to accept as true the various pronouncements of the Intergovernmental Panel on...

K�nkler on the Special Courts of the Clergy in Iran

Posted on May 25, 2010
Mirjam K�nkler (Princeton University) has posted The Special Courts of the Clergy (Dadgah-E Vizheh-Ye Ruhaniyyat) and the Repression of Dissident Clergy in Iran on SSRN. Here is the abstract: The paper focuses on the special courts for the clergy (SCC)...

Weissbrodt on the Supreme Court & Humanitarian Law

Posted on May 25, 2010
David Weissbrodt and Nathaniel H. Nesbitt (University of Minnesota Law School and University of Minnesota Law School) have posted The Role of the United States Supreme Court in Interpreting and Developing Humanitarian Law (Minnesota Law Review, Forthcoming) on SSRN...

Shaffer on Transnational Legal Processes

Posted on May 24, 2010
Gregory Shaffer (University of Minnesota - Twin Cities - School of Law) has posted Transnational Legal Process and State Change: Opportunities and Constraints on SSRN. Here is the abstract: Although the terms transnational law and state transformations are increasingly used,...

Perry on Hohfeld on Correlativity

Posted on May 24, 2010
Ronen Perry (University of Haifa - Faculty of Law) has posted Correlativity (Law and Philosophy, Vol. 28, 2009) on SSRN. Here is the abstract: In a celebrated article, published nearly a century ago, Wesley Newcomb Hohfeld endeavored to elucidate the...

Kozel on Stare Decisis

Posted on May 24, 2010
Randy J. Kozel has posted Stare Decisis as Judicial Doctrine (Washington and Lee Law Review, Vol. 67, No. 2, 2010) on SSRN. Here is the abstract: Stare decisis has been called many things, among them "a principle of policy," "a...

Conference Announcement: Blame in Action at Potsdam

Posted on May 24, 2010
Blame in Action - How Moral Evaluation Bears on Intentionality Venue: University of Potsdam Dates: July 5-6, 2010 This conference brings together experimental philosophers and moral philosophers to improve our understanding of intentional action, moral responsibility, and their interrelationships...

Smith on Trademark & Cultural Integrity

Posted on May 24, 2010
Mitchell Smith (Bond University Faculty of Law) has posted Trade Marks and the Protection of Cultural Integrity on SSRN. Here is the abstract: In this paper, the role of the trade mark in both facilitating and resisting cultural change is...

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