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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

Cultural Commons Symposium

Posted on May 13, 2010
The latest issue of the Cornell Law Review has a terrific symposium on the "cultural commons" construct developed by Michael Madison, Brett Frischmann, & Katherine Strandburg. My contribution is here. And here are links to the papers: Constructing Commons in...

Sundby on Capital Jury Voting Behavior

Posted on May 13, 2010
Scott E. Sundby (Washington and Lee University - School of Law) has posted War and Peace in the Jury Room: How Capital Juries Reach Unanimity (Hastings Law Journal, Vol. 62, 2010) on SSRN. Here is the abstract: Using data from...

Call for Papers: Junior Faculty Federal Courts Workshop

Posted on May 13, 2010
THIRD ANNUAL JUNIOR FACULTY FEDERAL COURTS WORKSHOP http://www.law.uiuc.edu/faculty-admin/federal-court-workshop.asp October 7-8, 2010 Club Quarters, Central Loop, 111 W. Adams St., Chicago, IL RSVP By: July 31, 2010 To Those Wishing to Present Papers: Abstracts must be submitted no later than June...

Irving on Gender & Constitutional Design

Posted on May 13, 2010
Helen Irving (University of Sydney - Faculty of Law) has posted Where Have All the Women Gone? Gender and the Literature on Constitutional Design on SSRN. Here is the abstract: The literature on constitution-making is substantial but, until recently, gender...

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Baker on Insurance & Socio-Legal Research

Posted on May 13, 2010
Tom Baker (University of Pennsylvania Law School) has posted Insurance in Sociolegal Research on SSRN. Here is the abstract: Insurance has a long history in socio-legal research, most prominently as a window on accident compensation and related tort law in...

Ainsworth on Performance of Gender and Evidence Law

Posted on May 13, 2010
Janet Ainsworth (Seattle University School of Law) has posted The Performance of Gender as Reflected in American Evidence Rules: Language, Power, and the Legal Construction of Liability (Proceedings of the International Gender and Language Association, Victoria University Press, 2009) on...

Findley on Cognitive Distortion & Conviction of the Innocent

Posted on May 13, 2010
Keith A. Findley (University of Wisconsin Law School) has posted Tunnel Vision (CONVICTION OF THE INNOCENT: LESSONS FROM PSYCHOLOGICAL RESEARCH, B. Cutler, ed., APA Press, 2010) on SSRN. Here is the abstract: This book chapter examines the psychological research that...

Book Announcement: Justice: Rights & Wrongs by Wolterstorff

Posted on May 13, 2010
Justice Rights and Wrongs Nicholas Wolterstorff To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8680.html Wide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded...

Zipursky on Philip Morris v. Williams

Posted on May 12, 2010
Benjamin C. Zipursky (Fordham University - School of Law) has posted Punitive Damages after Philip Morris USA v. Williams (Court Review, Vol. 44, p. 134, 2008-2009) on SSRN. Here is the abstract: Philip Morris USA v. Williams has struck some...

Meyler on "Measure for Measure" & Sovereign Justice

Posted on May 12, 2010
Bernadette A. Meyler (Cornell University - School of Law) has posted 'Our Cities Institutions' and the Institution of the Common Law (Yale Journal of Law and the Humanities, Forthcoming) on SSRN. Here is the abstract: The audiences of early modern...

Golden on Semi-Specialized Courts of Appeal

Posted on May 12, 2010
John M. Golden (University of Texas School of Law) has posted The Federal Circuit and the D.C. Circuit: Comparative Trials of Two Semi-Specialized Courts (George Washington Law Review, Vol. 78, pp. 553-574, 2010) on SSRN. Here is the abstract: A...

Mason on Australian Hate Crime Laws

Posted on May 12, 2010
Gail Mason (University of Sydney) has posted Hate Crime Laws in Australia: Are They Achieving Their Goals? (Criminal Law Journal, Vol. 33, No. 6, pp. 326-340, 2009) on SSRN. Here is the abstract: A number of common law countries have...

Flannigan on Joint Ventures as a Distinct Legal Form

Posted on May 12, 2010
Robert Flannigan (University of Saskatchewan) has posted The Joint Venture Fable (American Journal of Legal History, Vol. 50, p. 200, 2010) on SSRN. Here is the abstract: It recurrently is assumed that a joint venture is a distinct legal form....

Bond on Film & the Representation of Race & Law

Posted on May 12, 2010
Cynthia D. Bond (The John Marshall Law School) has posted Laws of Race/Laws of Representation: The Construction of Race and Law in Contemporary American Film (Texas Review of Entertainment & Sports Law, Vol. 11, p. 219, Forthcoming) on SSRN. Here...

Kuo on Plural Constitutionalism & Globalization

Posted on May 11, 2010
Ming-Sung Kuo (Yale University - Law School) has posted Between Law and Language: When Constitutionalism Goes Plural in a Globalising World (Modern Law Review, Vol. 73, 2010) on SSRN. Here is the abstract: Riding the wave of globalisation, scholars and...

Inazu on Freedom of Association

Posted on May 11, 2010
John D. Inazu (Duke University School of Law) has posted The Unsettling ?Well-Settled? Law of Freedom of Association (Connecticut Law Review, Vol. 43, No. 1, 2010 (forthcoming)) on SSRN. Here is the abstract: This article brings historical, theoretical, and doctrinal...

Beck on Open Source Licensing for Plant Species

Posted on May 11, 2010
Ryann Beck (Marquette University - Law School) has posted Farmers? Rights and Open Source Licencing (Arizona Journal of Environmental Law and Policy, Forthcoming) on SSRN. Here is the abstract: The TRIPS treaty requires that WTO members offer patent or sui...

Not All of Us

Posted on May 11, 2010
Dan Solove has a typically articulate and thoughtful post on the confirmation process at Concurring Opinions: We all know that no judge is neutral or a mere umpire. We all know that the Supreme Court doesn?t divine some objectively true...

Drumbl on Post-Conflict Collective Responsibility

Posted on May 11, 2010
Mark A. Drumbl (Washington and Lee University - School of Law) has posted Collective Responsibility and Post-Conflict Justice on SSRN. Here is the abstract: How best to secure justice in the aftermath of mass atrocity? International criminal tribunals ? and...

Jacoby on Credit for Motherhood

Posted on May 11, 2010
Melissa B. Jacoby (University of North Carolina at Chapel Hill - School of Law) has posted Credit for Motherhood (North Carolina Law Review, Forthcoming) on SSRN. Here is the abstract: Prepared for a symposium on Globalization, Families and the State,...

Jacobs on Administrative Independence & Discretion

Posted on May 11, 2010
Laverne Jacobs (University of Windsor - Faculty of Law) has posted Independence, Autonomy & Impartiality: Normative Understandings and the Use of Discretion by Administrative Actors on the Ground on SSRN. Here is the abstract: In this paper, the author examines...

Simons on Dworkin on Interpersonal Moral Duties

Posted on May 10, 2010
Kenneth W. Simons (Boston University - School of Law) has posted Dworkin's Two Principles of Dignity: An Unsatisfactory Nonconsequentialist Account of Interpersonal Moral Duties (Boston University Law Review, Vol. 90, 2010) on SSRN. Here is the abstract: In his ambitious...

Dagan on Kantian & Aristotelian Property Theory

Posted on May 10, 2010
Hanoch Dagan (Tel Aviv University - Buchmann Faculty of Law) has posted From Independence and Interdependence to the Pluralism of Property (PROPERTY, STATE AND COMMUNITY, Oxford University Press, Forthcoming) on SSRN. Here is the abstract: This paper is one chapter...

Kagan

Posted on May 10, 2010
NPR Reports.

Zipursky on Foreseeability in Breach, Duty, and Proximate Cause in Negligence Law

Posted on May 10, 2010
Benjamin C. Zipursky (Fordham University - School of Law) has posted Foreseeability in Breach, Duty and Proximate Cause (Wake Forest Law Review, Vol. 44, No. 1247, 2009) on SSRN. Here is the abstract: Foreseeability in negligence law is a persistent....

Obama Makes It Official: Elena Kagan

Posted on May 10, 2010
Just a few seconds ago.

Fletcher on Tribal Jurisdiction

Posted on May 10, 2010
Matthew L. M. Fletcher (Michigan State University College of Law) has posted Resisting Federal Courts on Tribal Jurisdiction (University of Colorado Law Review, Forthcoming) on SSRN. Here is the abstract: This paper is part of a call for a paradigm-shifting...

Call for Papers: Originalism Works in Progress at the University of San Diego

Posted on May 10, 2010
On February 4-5, 2011, the Center for the Study of Constitutional Originalism at the University of San Diego Law School will hold its Second Originalist Works-in-Progress Conference. The conference will include approximately 6 unpublished papers on originalism, with separate commentators,...

Gaebler on Political Virtue and Judicial Review

Posted on May 10, 2010
Ralph Gaebler (Indiana University Maurer School of Law) has posted On the Incompatibility of Political Virtue and Judicial Review: A Neo-Aristotelean Perspective on SSRN. Here is the abstract: Part I of this essay outlines a neo-Aristotelean theory of political virtue,...

New on the Stanford Encyclopedia of Philosophy

Posted on May 09, 2010
Forgiveness by Paul M. Hughes.

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