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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

Redding on Same-Sex Marriage

Posted on May 24, 2010
Jeff Redding (Saint Louis University School of Law) has posted Dignity, Legal Pluralism, and Same-Sex Marriage (Brooklyn Law Review, Vol. 75, 2010) on SSRN. Here is the abstract: This Article aims to contribute to the radical re-thinking of family law...

Legal Theory Lexicon: Possibility and Necessity

Posted on May 23, 2010
Introduction What policy choices are feasible and which options are "pie in the sky," "utopian," or "politically impossible"? What is "necessary" and what is merely "probable"? TheLegal Theory Lexicon includes two entries that deal with aspects of these questonsLegal Theory...

Sample on Caperton v. A.T. Massey Coal Co. & State Court Reform

Posted on May 22, 2010
James J. Sample (Hofstra School of Law) has posted Court Reform Enters the Post-Caperton Era (Drake Law Review, Vol. 58, No. 787, 2010) on SSRN. Here is the abstract: This Article considers the significant state court reform developments in the...

Legal Theory Bookworm

Posted on May 22, 2010
The Legal Theory Bookworm recommends Law and the Contradictions of the Disability Rights Movement by Samuel R. Bagenstos. Here is a description: The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the...

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Download of the Week

Posted on May 22, 2010
The Download of the Week is The Subjects of the Constitution by Nicholas Quinn Rosenkranz. Here is the abstract: Two centuries after Marbury v. Madison, there remains a deep confusion about quite what a court is reviewing when it engages...

Khan on Government Accountability & Public Health Emergencies

Posted on May 21, 2010
Fazal Khan (University of Georgia Law School) has posted Ensuring Government Accountability During Public Health Emergencies (Harvard Law and Policy Review, 2010) on SSRN. Here is the abstract: The main argument of this Article is that the gravest threat to...

Ripstein on Tort Theory

Posted on May 21, 2010
Arthur Ripstein (University of Toronto - Faculty of Law) has posted Philosophy of Tort Law (THE OXFORD HANDBOOK OF JURISPRUDENCE AND LEGAL PHILOSOPHY, Jules Coleman, Scott Shapiro, eds., Oxford: Oxford University Press) on SSRN. Here is the abstract: Tort law...

Speir on Clemency in Jewish Law

Posted on May 21, 2010
Ian S. Speir (Georgetown University Law Center) has posted Clemency in Jewish Law on SSRN. Here is the abstract: Is there a concept of clemency in Jewish law? In other words, is the power to grant clemency - to nullify...

Gervais on the Amended Google Book Settlement & TRIPS

Posted on May 21, 2010
Daniel J. Gervais (Vanderbilt University - School of Law) has posted The Google Book Settlement and the TRIPS Agreement (Stanford Technology Law Review, Vol. 20, 2010) on SSRN. here is the abstract: The proposed amended settlement in the Google Book....

Pila on Academic Freedom & the Courts

Posted on May 21, 2010
Justine Pila (University of Oxford - Faculty of Law) has posted Academic Freedom and the Courts (Law Quarterly Review, Vol. 126, pp. 347-351, 2010) on SSRN. Here is the abstract: Recent events in the United Kingdom have focused attention on...

Michaels on Non-State Governance

Posted on May 21, 2010
Ralf Michaels (Duke University - School of Law) has posted The Mirage of Non-State Governance (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: In this Essay, I offer three theses, all of which are critical. First, non?state governance...

Pillsbury on Whitman on Reasonable Doubt

Posted on May 20, 2010
Samuel H. Pillsbury (Loyola Law School Los Angeles) has posted Fear and Trembling in Criminal Judgment (Ohio State Journal of Criminal Law, Vol. 2, 2010) on SSRN. Here is the abstract: This review describes James Whitman's argument that the beyond...

Haar & Wolf on Land Development & Preservation

Posted on May 20, 2010
Charles M. Haar and Michael Allan Wolf (Harvard University - Harvard Law School and University of Florida Levin College of Law) have posted Planning and Law: Shaping the Legal Environment of Land Development and Preservation (Environmental Law Reporter, Vol...

Freiberg on Post-adversarial & Post-inquisitorial Justice

Posted on May 20, 2010
Arie Freiberg (Monash University - Faculty of Law) has posted Post-adversarial and Post-inquisitorial Justice: Transcending Traditional Penological Paradigms on SSRN. Here is the abstract: Criminal justice systems are under constant strain. Rising case loads, crowded court dockets, growing prison populations...

Glod on Political Liberalism & Legal Paternalism

Posted on May 20, 2010
William Glod has posted Political Liberalism, Basic Liberties, and Legal Paternalism (Southern Journal of Philosophy 48 (2):177-196 (2010)) on the Internet. Here is the abstract: This essay argues that neutral paternalism (NP) is problematic for antiperfectionist liberal theories...

Fontana on Law School Culture & Kagan and Sotomayor

Posted on May 20, 2010
Check out The Postradical Legal Generation: Elite law schools, and the court nominees who come from them, have changed by David Fontana on The Chronicle of Higher Education online. Here is a taste: The best evidence of [Kagan's] status as...

Loren on Renegotiating Copyright Deals

Posted on May 20, 2010
Lydia Pallas Loren (Lewis & Clark Law School) has posted Renegotiating the Copyright Deal in the Shadow of the ?Inalienable? Right to Terminate on SSRN. Here is the abstract: Few people realize that many contracts that purport to transfer ?all...

New on the Stanford Encyclopedia of Philosophy

Posted on May 20, 2010
Immanuel Kant by Michael Rohlf.

Call for Papers: How Democratic Is the Constitution at Loyola Chicago

Posted on May 20, 2010
Conference Announcement and Call for Papers A Constitutional Law Colloquium: ?How Democratic is the Constitution?? November 5 & 6, 2010 Loyola University Chicago School of Law is organizing A Constitutional Law Colloquium at the Philip H. Corboy Law Center, 25...

New on the Stanford Encyclopedia of Philosophy

Posted on May 20, 2010
Immigration by Heath Wellman.

Mourer on Actual Innocence & Criminal Procedure

Posted on May 20, 2010
Sarah Anne Mourer (University of Miami School of Law) has posted Gateway to Justice: Constitutional Claims to Actual Innocence on SSRN. Here is the abstract: This article examines the extent of wrongful convictions and the procedural paradox that complicates any...

Falaschetti on Democratic Governance & Economic Performance

Posted on May 19, 2010
Dino Falaschetti (Florida State Law) has posted Democratic Governance and Economic Performance: How Accountability Can Go Too Far in Politics, Law, and Business on SSRN. Here is the abstract: Conventional wisdom warns that unaccountable political and business agents can enrich...

Westerman on Goal Legislation & Legal Argumentation

Posted on May 19, 2010
Pauline C. Westerman (Faculty of Law, University of Groningen) has posted Arguing About Goals: The Diminishing Scope of Legal Reasoning on SSRN. Here is the abstract: This article investigates the implications of goal-legislation for legal argumentation...

Robinson on Constitutional Change & a Possible "Obama Court"

Posted on May 19, 2010
Rob R. Robinson (University of Alabama at Birmingham) has posted 'Still Chastened': Assessing the Scope of Constitutional Change Under an 'Obama Court' on SSRN. Here is the abstract: For the first time since 1968, the election of Barack Obama raises....

Call for Papers: Customs & Social Norms in a Networked Era at AALS in San Francisco

Posted on May 19, 2010
Call for Papers Announcement AALS Section on Internet and Computer Law Customs and Social Norms in a Networked Era Friday, January 7, 2011, 10:30 a.m. ? 12:15 p.m. 2011 AALS Annual Meeting San Francisco, California Do we need to reconsider...

Ribstein to "Truth on the Market"

Posted on May 19, 2010
My colleague, Larry Ribstein, has transferred his blogging activity from Ideoblog to the excellent group blog, Truth on the Market. Here is his first post on the new venue.

Rosenkranz on the Constitutional Subjects

Posted on May 19, 2010
Nicholas Quinn Rosenkranz (Georgetown University Law Center) has posted The Subjects of the Constitution (Stanford Law Review, Vol. 62, No. 5, 2010) on SSRN. Here is the abstract: Two centuries after Marbury v. Madison, there remains a deep confusion about...

Krawiec on Shin on Unconscious Discrimination

Posted on May 19, 2010
Kim Krawiec has a very nice post on Patrick Shin's Liability for Unconscious Discrimination? A Thought Experiment in the Theory of Employment Discrimination Law on The Faculty Lounge. Here is the abstract for Shin's paper: A steadily mounting body of...

Bix on Raz on Methodology in Jurisprudence

Posted on May 19, 2010
Check out Brian Bix on Raz, Methodology in Jurisprudence, just posted on Jotwell. Here is a taste: Even assuming that Raz (and Hart, and others) are correct that the proper focus of legal theory is conceptual analysis (and, as earlier...

Hamilton on LaCroix on Ideology & Federalism

Posted on May 19, 2010
Check out Hiding in Plain Sight: A Review of The Ideological Origins of American Federalism by Alison L. LaCroix on The University of Chicago Law School Faculty Blog by my University of Illinois colleague, Dan Hamilton. LaCroix's book (Amazon.com link...

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