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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

Leiter on the Demarcation Problem in Jurisprudence

Posted on May 04, 2010
Brian Leiter (University of Chicago Law School) has posted The Demarcation Problem in Jurisprudence: a New Case for Skepticism on SSRN. Here is the abstract: Legal philosophers have been preoccupied with specifying the differences between two systems of normative guidance...

Holper on the Convention Against Torture

Posted on May 04, 2010
Mary Holper (Roger Williams University) has posted Specific Intent and the Purposeful Narrowing of Victim Protection Under the Convention Against Torture (Oregon Law Review, Vol. 88, 2010) on SSRN. Here is the abstract: Article 3 of the United Nations Convention...

Lubet on Caperton v. Massey Energy

Posted on May 03, 2010
Steven Lubet (Northwestern University - School of Law) has posted It Takes a Court (Syracuse Law Review, Vol. 60, p. 221, 2010) on SSRN. Here is the abstract: In the standard account of Caperton v. Massey Energy, it is a...

Kelso & Kelso on Kennedy on Liberty

Posted on May 03, 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 The Constitutional Jurisprudence of Justice Kennedy on Liberty on SSRN. Here is the abstract: In...

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Lemley on Forum Selection in Patent Cases

Posted on May 03, 2010
Mark A. Lemley (Stanford Law School) has posted Where to File Your Patent Case on SSRN. Here is the abstract: Patent lawyers spend a great deal of time figuring out the best districts in which to file patent cases. Based...

Ball on Morality & LGBT Rights

Posted on May 03, 2010
Carlos A. Ball (Rutgers University School of Law (Newark)) has posted Gay is Good: Morality and the LGBT Rights Movement (New York University Review of Law & Social Change, Vol. 34, 2010) on SSRN. Here is the abstract: The purposes...

Motomura on Legalization & Immigration Reform

Posted on May 03, 2010
Hiroshi Motomura (University of California, Los Angeles, School of Law) has posted What is ?Comprehensive Immigration Reform??: Taking the Long View (Arkansas Law Review, Vol. 63, pp. 225-241, 2010) on SSRN. Here is the abstract: This essay is an expanded...

The New York Times on Walter Murphy

Posted on May 02, 2010
The New York Time's obituary for Walter Murphy, the distinguished political scientist and constitutional theorist, is available here.

Legal Theory Lexicon: Efficiency, Pareto, and Kaldor-Hicks

Posted on May 02, 2010
Introduction Almost every law student get's some introduction to normative law and economics in their first year of law school. One of the basic ideas of normative law and economics is that the law should be "efficient." But what does...

Legal Theory Bookworm

Posted on May 01, 2010
The Legal Theory Bookworm recommends The Twilight of Constitutionalism?, edited by Martin Loughlin & Petra Dobner. Here is a description: The Twilight of Constitutionalism explores the concepts and values that underpin traditional constitutionalism that are increasingly being challenged by political...

Download of the Week

Posted on May 01, 2010
The Download of the Week is Frederick Douglass, Citizen Interpreter by Mariah Zeisberg. Here is the abstract: The classical portrait of constitutional fidelity emphasizes that interpreters should sharply distinguish between their own judgments of political morality and their judgments about...

Harrison & BeVier on State Action

Posted on April 30, 2010
John C. Harrison and Lillian Riemer BeVier (University of Virginia School of Law and University of Virginia School of Law) have posted The State Action Principle and its Critics (Virginia Law Review, Forthcoming) on SSRN. Here is the abstract: The...

Chin on the Jena Six

Posted on April 30, 2010
Gabriel J. Chin (University of Arizona James E. Rogers College of Law) has posted The Jena Six and the History of Racially Compromised Justice in Louisiana (Harvard Civil Rights - Civil Liberties Law Review, Vol 44, p. 361, 2009) on...

Buell on Evasion & Good Faith

Posted on April 30, 2010
Samuel W. Buell (Duke University School of Law) has posted Good Faith and Law Evasion (UCLA Law Review, Forthcoming) on SSRN. Here is the abstract: Laws imposing sanctions can be self-defeating by supplying incentive and guidance for actors engaged in...

Malcolm on Judicial Review & the Founding

Posted on April 30, 2010
Joyce Lee Malcolm (George Mason School of Law) has posted Whatever the Judges Say It Is: The Founders and Judicial Review (Journal of Law and Politics, Forthcoming) on SSRN. Here is the abstract: Judicial review of federal and state legislation...

Pardo on Gettier Problems & Legal Proof

Posted on April 30, 2010
Michael S. Pardo (University of Alabama School of Law) has posted The Gettier Problem and Legal Proof (Legal Theory, Vol. 16, 2010) on SSRN. Here is the abstract: This article explores the relationships between legal proof and fundamental epistemic concepts...

Farrow on Law & Politics After 9/11

Posted on April 30, 2010
Trevor C. W. Farrow (York University - Osgoode Hall Law School) has posted Law & Politics after September 11th: Civil Rights & the Rule of Law (Hosei Riron Journal of Law & Politics, Vol. 35, No. 3, p. 163, 2003)...

Doeringer on Fostering Social Enterprises

Posted on April 30, 2010
Matthew F. Doeringer (Duke University - School of Law) has posted Fostering Social Enterprise: A Historical and International Analysis (Duke Journal of Comparative & International Law, Vol. 20, No. 2, pp. 291-329, 2010) on SSRN. Here is the abstract: Several...

Zeisberg on Democratic Processualism

Posted on April 29, 2010
Mariah Zeisberg (University of Michigan at Ann Arbor - Department of Political Science) has posted Democratic Processualism on SSRN. Here is the abstract: This book review accepts Stephen Elkin?s Reconstructing the Commercial Republic: Constitutional Design After Madison methodological invitation to...

Vladeck on Jackson on Internment & the Rule of Law

Posted on April 29, 2010
Stephen I. Vladeck (American University - Washington College of Law) has posted Justice Jackson, Internment, and the Rule of Law after the Bush Administration (WHEN GOVERNMENTS BREAK THE LAW: THE RULE OF LAW AND THE PROSECUTION OF THE BUSH ADMINISTRATION,...

Rhodes on Supreme Court Appointments

Posted on April 29, 2010
Charles W. (Rocky) Rhodes IV (South Texas College of Law) has posted The Supreme Appointment: Visionaries Need Not Apply on SSRN. Here is the abstract: The recent announcement of Justice John Paul Stevens that he would retire at the end...

Horwitz on Sante Fe Independent School District v. Doe

Posted on April 29, 2010
Paul Horwitz (University of Alabama School of Law) has posted Of Football, ?Footnote One,? and the Counter-Jurisdictional Establishment Clause: The Story of Santa Fe Independent School District v. Doe on SSRN. Here is the abstract: This article is a chapter...

Kar on the Second-Person Standpoint & Law

Posted on April 29, 2010
Robin Bradley Kar (University of Illinois College of Law) has posted The Second-Person Standpoint and the Law on SSRN. Here is the abstract: One of the most exciting and potentially fecund developments in contemporary moral philosophy is due to a...

Huq on the the Effects of Boumediene

Posted on April 29, 2010
Aziz Z. Huq (University of Chicago Law School) has posted What Good is Habeas? (Constitutional Commentary, Forthcoming) on SSRN. Here is the abstract: This essay examines empirically the effect of the Supreme Court?s 2008 judgment in Boumediene v. Bush, which...

O'Rourke on the Political Economy of Criminal Procedure

Posted on April 28, 2010
Anthony O'Rourke (Columbia University - Law School) has posted The Political Economy of Criminal Procedure Litigation (Georgia Law Review, Vol. 44, 2010) on SSRN. Here is the abstract: Criminal procedure has undergone several well documented shifts in its doctrinal foundations...

Brooks on the Capabilities Approach to Distributive Justice

Posted on April 28, 2010
Thom Brooks (Newcastle University - Newcastle Law School) has posted A New Problem with the Capabilities Approach on SSRN. Here is the abstract: Martha Nussbaum?s influential capabilities approach offers us a powerful, universal standard of justice. The approach builds off...

Claus on the Influence of American Federalism Jurisprudence on Australia

Posted on April 28, 2010
Laurence Claus (University of San Diego School of Law) has posted Federalism and the Judges: How the Americans Made Us What We Are (Australian Law Journal, Vol. 74, p. 107) on SSRN. Here is the abstract: Federalism as we know...

Dagan & Kreitner on Legal Theory

Posted on April 28, 2010
Hanoch Dagan and Roy Kreitner (Tel Aviv University - Buchmann Faculty of Law and Radcliffe Institute for Advanced Study, Harvard University) have posted The Character of Legal Theory (Cornell Law Review, Forthcoming) on SSRN. Here is the abstract: For nearly...

Conference Announcement: Moore on Causation at Rutgers

Posted on April 28, 2010
The Rutgers Institute for Law and Philosophy, based at the Rutgers School of Law in Camden, New Jersey, will host a symposium on Michael S. Moore's Causation and Responsibility: An Essay in Law, Morals, and Metaphysics (Oxford, 2009) on Friday,...

Hein, Burris, & Shearing on Models for Global Governance

Posted on April 28, 2010
Wolfgang Hein, Scott Burris, & Clifford Shearing (University of Hamburg , German Institute of Global and Area Studies (GIGA), Temple University - James E. Beasley School of Law) have posted Conceptual Models for Global Governance on SSRN. Here is the...

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