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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

Alemanno on the European Regulatory Response to the Volcanic Ash Crisis

Posted on May 19, 2010
Alberto Alemanno (HEC Paris - Law Department) has posted The European Regulatory Response to the Volcanic Ash Crisis between Fragmentation and Integration (European Journal of Risk Regulation, Vol. 2, 2010) on SSRN. Here is the abstract: More than twenty years...

Zwolinski on Sen on Justice

Posted on May 18, 2010
Matt Zwolinski has posted Review of Amartya Sen, The Idea of Justice. (The Review of Metaphysics) on PhilPapers. Here is a taste: The Idea of Justice is Amartya Sen?s most sustained foray into political philosophy, drawing on and developing his...

Barbanel & Brams on Two-Person Pie-Cutting Procedures

Posted on May 18, 2010
Julius B. Barbanel and Steven J. Brams (Union College and New York University) have posted Two-Person Pie-Cutting: The Fairest Cuts (College Mathematics Journal, Forthcoming) on SSRN. Here is the abstract: Barbanel, Brams, and Stromquist (2009) asked whether there exists a...

Siegel on Ginsburg's Brief in Struck v. Secretary of Defense

Posted on May 18, 2010
Neil Siegel (Duke University - School of Law) has posted 'Struck' by Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination (Duke Law Journal, Vol. 59, No. 4, 2010) on SSRN. Here is the abstract: This is an attempt...

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New on the Stanford Encyclopedia of Philosophy

Posted on May 18, 2010
Theory and Bioethics by John Arras.

New Journal: Transnational Legal Theory

Posted on May 18, 2010
Hart Publishing is pleased to let you know that the first issue of our new journal, Transnational Legal Theory, is now available. The journal publishes high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational activity...

Kahan on Studying Nanotechnology Risk Perceptions

Posted on May 18, 2010
Dan M. Kahan (Yale University - Law School) has posted Nanotechnology and Society: The Evolution of Risk Perceptions (Nature Nanotechnology, Vol. 4, pp. 705-06, 2009) on SSRN. Here is the abstract: This commentary describes existing research on nanotechnology risk perceptions,...

Simons on Alexander & Ferzan on Criminal Law Theory

Posted on May 18, 2010
Kenneth W. Simons (Boston University - School of Law) has posted Retributivism Refined - Or Run Amok? (University of Chicago Law Review, Vol. 77, Forthcoming) on SSRN. Here is the abstract: What would the criminal law look like if we...

Brighouse on Market Forces and the Role of Teaching Quality in Academic Careers

Posted on May 18, 2010
The recent discussion of the impact of teaching quality on academic careers on Leiter, has prompted Harry Brighouse to put up a short and very insightful post at Crooked Timber. Here is a taste: Zemsky, Wegner, and Massy, in their...

Michaels on Conflicts of Laws, Interdisciplinarity, and Politics

Posted on May 18, 2010
Ralf Michaels (Duke University - School of Law) has posted After the Revolution ? Decline and Return of U.S. Conflicts of Laws (Yearbook of Private International Law, Vol. 11, pp. 11-30, 2009) on SSRN. Here is the abstract: Scholars in...

Call for Papers: Dealing with Extremism in Budapest

Posted on May 17, 2010
Democracy and Legitimacy: Dealing with Extremism. 22nd -23rd July 2010 Central European University, Budapest, Hungary. (Final call for papers, 31st May 2010) Please submit a 400 words abstract, suitable for blind review to molesA@ceu.hu or to MiklosiZ@ceu...

May 17, 1954

Posted on May 17, 2010
From John Barrett: Monday, May 17, 1954, was a day of arrivals and events at the Supreme Court of the United States. Justice Robert H. Jackson, who had been at Doctors Hospital in downtown Washington since suffering a serious heart...

Conference Announcement: Non-ideal and Institutional Theory in Montreal

Posted on May 17, 2010
This conference has a fantastic lineup of speakers and topic! Workshop: Non-ideal and Institutional Theory June 1-3 2010 Annual Meeting of the Canadian Political Science Association, Montr�al TUESDAY JUNE 1 8:30 am - 9 am Breakfast Non-ideal Theory after Rawls...

Gardner on Simmonds on Hart on Law & Morality

Posted on May 17, 2010
John Gardner (University of Oxford - Faculty of Law) has posted Hart on Legality, Justice, and Morality on SSRN. Here is the abstract: In the comment on Nigel Simmonds' book Law as a Moral Ideal, I take issue with Simmonds'...

Silver on Ethics & Innovation in Lawyering Aggregate Litigation

Posted on May 17, 2010
Charles Silver (University of Texas at Austin - School of Law) has posted Ethics and Innovation (George Washington Law Review, 2011) on SSRN. Here is the abstract: Using the familiar insight that principals and agents can jointly gain by reducing...

Stern on Novels & Fraud

Posted on May 17, 2010
Simon Stern (Faculty of Law, University of Toronto) has posted Sentimental Frauds (Law & Social Inquiry, Vol. 36, 2011) on SSRN. Here is the abstract: This paper examines the class action against James Frey, alleging fraud because of his falsehoods...

Sherman on Shakespeare's Sonnets & the Law

Posted on May 17, 2010
Jeffrey G. Sherman (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Scorn Not the Sonnet: In Search of Shakespeare's Law on SSRN. Here is the abstract: Legal scholars love to use Shakespeare?s works as stimuli and even...

Johnson on Common Law Remedies for Public Environmental Law Failures

Posted on May 17, 2010
Stephen M. Johnson (Mercer University Law School) has posted From Climate Change and Hurricanes to Ecological Nuisances: Common Law Remedies for Public Law Failures? (Georgia State Univeristy Law Review, Forthcoming) on SSRN. Here is the abstract: Over the past few...

Legal Theory Lexicon: Interpretation and Construction

Posted on May 16, 2010
Introduction Every law student learns that the relationship of a legal text to the resolution of a particular case can be complex. What does the text mean? How does that meaning translate into legal doctrine? And how does the doctrine...

Knake on the Supreme Court & the Law of Lawyering

Posted on May 15, 2010
Renee Newman Knake (Michigan State University College of Law) has posted The Supreme Court?s Increased Attention to the Law of Lawyering: Mere Coincidence or Something More? (American University Law Review, Forthcoming) on SSRN. Here is the abstract: The United States...

Legal Theory Bookworm

Posted on May 15, 2010
The Legal Theory Bookworm recommends The Disenchantment of Secular Discourse by Steven D. Smith. Here is a description: Prominent observers complain that public discourse in America is shallow and unedifying. This debased condition is often attributed to, among other things,...

Download of the Week

Posted on May 15, 2010
The Download of the Week is Foreseeability in Breach, Duty and Proximate Cause by Benjamin C. Zipursky. Here is the abstract: Foreseeability in negligence law is a persistent source of frustration to students and scholars because it pops up in...

Henderson on Implicit Compensation

Posted on May 14, 2010
M. Todd Henderson (University of Chicago - Law School) has posted Implicit Compensation on SSRN. Here is the abstract: This Paper presents evidence boards of directors bargain with executives about the profits they expect to make from trades in firm....

Book Announcement: Not for Profit by Nussbaum

Posted on May 14, 2010
Not For Profit Why Democracy Needs the Humanities Martha C. Nussbaum To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9112.html In this short and powerful book, celebrated philosopher Martha Nussbaum makes a passionate case for the...

McSherry on the UN Convention on the Rights of Persons with Disabilities

Posted on May 14, 2010
Bernadette M. McSherry (Monash University - Faculty of Law) has posted The United Nations Convention on the Rights of Persons with Disabilities (Journal of Law and Medicine, Vol. 16, No. 1, p. 17, 2009) on SSRN. Here is the abstract:...

Mason on Field on Health Care Regulation

Posted on May 14, 2010
Thaddeus Mason Pope (Widener University Law School - Health Law Institute) has posted The Topography and Geography of U.S. Health Care Regulation (Journal of Law, Medicine & Ethics, Forthcoming) on SSRN. Here is the abstract: This is a book review...

Stilt on the Role of the Muhtasib in Medieval Cairo

Posted on May 14, 2010
Kristen Stilt (Northwestern University) has posted Price Setting and Hoarding in Mamluk Egypt (THE LAW APPLIED: CONTEXTUALIZING THE ISLAMIC SHARIA, Peri Bearman, Wolfhart Heinrichs, Bernard Weiss, eds., I.B. Taurus, London, 2008) on SSRN. Here is the abstract: This Article studies...

Bartow on Zittrain on the Internet

Posted on May 14, 2010
Ann Bartow (University of South Carolina - School of Law) has posted A Portrait of the Internet as a Young Man (Michigan Law Review, Vol. 108, No. 6, 2010) on SSRN. Here is the abstract: In brief, the core theory...

Hirsch on Transfers Law

Posted on May 14, 2010
Adam J. Hirsch (Florida State University College of Law) has posted Freedom of Testation / Freedom of Contract (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: This Article argues that lawmakers ought to recategorize inheritance law and contracts...

Lemley & McKenna on Free Riding & Trademark

Posted on May 13, 2010
Mark A. Lemley and Mark P. McKenna (Stanford Law School and Notre Dame Law School) have posted Owning Mark(et)s on SSRN. Here is the abstract: Trademark owners regularly rely on claims that the defendant is ?free riding? on their mark...

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