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Academic

Legal Theory Blog 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

Recent Entries: 5612

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Wolff on Philosophy of Law

Posted on May 09, 2010
Wonderfully acerbic. Here is a taste: What were busy, successful, worldly lawyers [worldly, at the very least. by philosophical standards] doing locked in three days of debate about Kant? Some of the participants suggested that they were looking for a...


Legal Theory Lexicon: Path Dependency

Posted on May 09, 2010
Introduction The phrase "path dependency" is used to express the idea that history matters--choices made in the past can affect the feasibility (possibility or cost) of choices made in the future. This entry in the Legal Theory Lexicon introduces this...


Hage on "Legal Science"

Posted on May 08, 2010
Jaap Hage (Maastricht University - METRO Institute, Faculty of Law) has posted The Method of a Truly Normative Legal Science on SSRN. Here is the abstract: This paper contains an argument to the effect that the proper method for legal...


Legal Theory Bookworm

Posted on May 08, 2010
The Legal Theory Bookworm recommends The Philosophy of Criminal Law: Selected Essays by Douglas Husak. Here is a description: This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions...


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Download of the Week

Posted on May 08, 2010
The Download of the Week is The Demarcation Problem in Jurisprudence: a New Case for Skepticism by Brian Leiter. Here is the abstract: Legal philosophers have been preoccupied with specifying the differences between two systems of normative guidance that are...


Schapiro on "Blue State Federalism"

Posted on May 07, 2010
Robert A. Schapiro (Emory University School of Law) has posted Not Old or Borrowed: The Truly New Blue Federalism (Harvard Law & Policy Review, Vol. 3, p. 33, 2009) on SSRN. Here is the abstract: Under the framework of ?blue...


Zipursky on Dworkin on Truth in Normative Discourse

Posted on May 07, 2010
Benjamin C. Zipursky (Fordham University - School of Law) has posted Two Takes on Truth in Normative Discourse (Boston University Law Review, Vol. 90, pp. 525-533, 2010) on SSRN. Here is the abstract: Dworkin?s critique of judicial restraint in judicial...


Engel on Experimental Evidence on Convergent Behavior & International Customary Law

Posted on May 07, 2010
Christoph Engel (Max Planck Institute for Research on Collective Goods) has posted An Experimental Contribution to the Theory of Customary (International) Law on SSRN. Here is the abstract: In their majority, public international lawyers postulate that for a new rule...


Solum on Cultural Commons

Posted on May 07, 2010
Lawrence B. Solum (University of Illinois College of Law) has posted Questioning Cultural Commons (Cornell Law Review, Vol. 95, 2010) on SSRN. Here is the abstract: In Constructing Commons in the Cultural Environment, Michael J. Madison, Brett M. Frischmann, and...


Brudney on Canons of Interpretation & Political Branch Interpretive Assets

Posted on May 07, 2010
James J. Brudney (Ohio State University College of Law) has posted Canon Shortfalls and the Virtues of Political Branch Interpretive Assets on SSRN. Here is the abstract: This article begins by examining Philip Frickey's treatment of the canons of construction...


Potts on "the Dirty Climate Debate"

Posted on May 07, 2010
Brian H. Potts has posted The Dirty Climate Debate (Yale Law Journal Online, Vol. 120, No. 1, 2010) on SSRN. Here is the abstract: Climate change has become the hottest environmental debate in decades. It could also go down as...


Schapiro on Subnational Constitutions & the New World Order

Posted on May 06, 2010
Robert A. Schapiro (Emory University School of Law) has posted In the Twilight of the Nation-State: Subnational Constitutions in the New World Order (Rutgers Law Journal Vol. 39, No. 801) on SSRN. Here is the abstract: Globalizing forces have undermined...


Kramer on "Don't Ask Don't Tell"

Posted on May 06, 2010
Zachary A. Kramer (Penn State University - Dickinson School of Law) has posted Heterosexuality and Military Service (Northwestern University Law Review Colloquy) on SSRN. Here is the abstract: The military?s ?Don?t Ask, Don?t Tell? Policy (DADT) is based on a...


Markel, Leib, & Collins on Burke, Ristroph, & Murray on Criminal Law & the Family

Posted on May 06, 2010
Dan Markel (Florida State University College of Law), Ethan J. Leib (University of California - Hastings College of the Law), & Jennifer M. Collins (Wake Forest University - School of Law) have posted Rethinking Criminal Law and Family Status (119...


Jacob & Dorfman on Copyright as Tort

Posted on May 06, 2010
Assaf Jacob (Interdisciplinary Center (IDC) Herzliya, Radzyner School of Law) & Avihay Dorfman (Tel Aviv University Faculty of Law) have posted Copyright as Tort (Theoretical Inquiries in Law, 2010) on SSRN. Here is the abstract: In these pages we seek...


Setty on Specialized Trials for Terrorism

Posted on May 06, 2010
Sudha Setty (Western New England College - School of Law) has posted Comparative Perspectives on Specialized Trials for Terrorism (University of Maine Law Review, 2010) on SSRN. Here is the abstract: On the campaign trail in 2008, presidential candidate and...


Lacroix on Temporal Imperialism by the Supreme Court

Posted on May 05, 2010
Alison L. LaCroix (University of Chicago Law School) has posted Temporal Imperialism (University of Pennsylvania Law Review, Vol. 158, 2010) on SSRN. Here is the abstract: Issues of time and temporality pervade American constitutional adjudication, at both a doctrinal and...


Mikos on Accuracy in Deterrence-Based Criminal Sanctions

Posted on May 05, 2010
Robert A. Mikos (Vanderbilt University - School of Law) has posted Accuracy in Criminal Sanctions (Criminal Law and Economics, Alon Harel, Keith Hylton, eds., 2010) on SSRN. Here is the abstract: [Accuracy] on an individualized level is constrained by three...


Kamphuis on Corporate Power in Peru

Posted on May 05, 2010
Charis Kamphuis (Osgoode Hall Law School, York University) has posted The Convergence of Public and Corporate Power in Peru: Yanacocha Mine, Campesino Dispossession, Privatized Coercion on SSRN. Here is the abstract: This paper focuses on the convergence of the corporate...


Shapiro on Measuring Ideology in Supreme Court Decisions

Posted on May 05, 2010
Carolyn Shapiro (Illinois Institute of Technology - Chicago-Kent College of Law) has posted The Context of Ideology: Law, Politics, and Empirical Legal Scholarship (Missouri Law Review, Vol. 75, No. 1, 2010) on SSRN. Here is the abstract: In their confirmation...


Bone on Dworkin on Procedure & Participation

Posted on May 05, 2010
Robert G. Bone (University of Texas School of Law) has posted Procedure, Participation, Rights (Boston University Law Review, Forthcoming) on SSRN. Here is the abstract: This essay is a contribution to a symposium on Professor Ronald Dworkin?s forthcoming book, JUSTICE...


Kelso & Kelso on Scalia, Posner, Quirk, Farber, and Purcell

Posted on May 05, 2010
Charles D. Kelso and R. Randall Kelso (University of the Pacific (UOP) - McGeorge School of Law and South Texas College of Law) have posted Judicial Decision-Making and Judicial Review: The State of the Debate, Circa 2009 (W. Virginia L....


Geyh on Judicial Politics

Posted on May 05, 2010
Charles G. Geyh (Indiana University School of Law-Bloomington) has posted Judicial Politics, the Rule of Law and the Future of an Ermine Myth on SSRN. Here is the abstract: According to a Renaissance myth, the ermine would rather die than...


Portmore on Objective Consequentialism

Posted on May 04, 2010
Douglas Portmore has a very interesting post on PEA Soup, discussing this hypo: The Safe: Imagine that the time is T-0 and that the fate of the world depends on your opening a safe by T-11. Suppose that the correct...


Harris on Environmental Deliberative Democracy

Posted on May 04, 2010
Michael Ray Harris (University of Denver Sturm College of Law) has psoted Environmental Deliberative Democracy and the Search for Administrative Legitimacy: A Legal Positivism Approach (University of Michigan Journal of Law Reform, Vol. 44, 2010) on SSRN...


Conference Announcement: Democratic Public Reason at Manchester Metropolitan

Posted on May 04, 2010
Workshops in Political Theory Seventh Annual Conference Manchester Metropolitan University 1-3 September 2010 DEMOCRATIC PUBLIC REASON IN PRACTICE Convenors: Enrico Biale (University of Milano-Bicocca and University of Louvain) Valeria Ottonelli (University of Genova) What constraints and requirements should democratic public...


Paust on the Jurisdiction of the International Criminal Court

Posted on May 04, 2010
Jordan J. Paust (University of Houston Law Center) has posted The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity and War Crimes (John Marshall Law Review, Vol. 43, 2010) on SSRN. Here is the abstract:...


Cahn & Carbone on Family Paradigms, Class & Race, and Contraception

Posted on May 04, 2010
Naomi Cahn and June Carbone (George Washington University - Law School and University of Missouri at Kansas City School of Law) have posted Family Classes: Rethinking Contraceptive Choice on SSRN. Here is the abstract: The political attention paid to moral...


Call for Papers: Science, Knowledge, and Democracy at South Carolina

Posted on May 04, 2010
CALL FOR PAPERS ?Science, Knowledge, and Democracy? TRiP 2011 - Three Rivers Philosophy Conference University of South Carolina, Columbia, SC April 1st ? April 3rd, 2011 www.cas.sc.edu/phil/flyers/trip2011.pdf Keynote Speakers: Elizabeth Anderson (University of Michigan) Miranda Fricker (Birkbeck, University of London)...


Markel on Krauss & Owen on Punitive Damages

Posted on May 04, 2010
Dan Markel (Florida State University College of Law) has posted Punitive Damages and Private Ordering Fetishism: A Reply to Professors Krauss and Owen (University of Pennsylvania Law Review, Forthcoming) on SSRN. Here is the abstract: This essay is a reply...


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