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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

McClain on Dworkin and Barbery

Posted on April 28, 2010
Linda C. McClain (Boston University - School of Law) has posted Justice and Elegance for Hedgehogs - In Life, Law, and Literature (Boston University Law Review, Vol. 90, p. 863, 2010) on SSRN. Here is the abstract: At a time...

Fruehwald on Behavioral Biology & Racism

Posted on April 27, 2010
Edwin S. Fruehwald (Hofstra University - School of Law) has posted Behavioral Biology and Racism on SSRN. Here is the abstract: In this short essay, the author demonstrates that behavioral biology can provide more protection from racism than moral relativism...

Schauer on Non-necessary Features of Law

Posted on April 27, 2010
Frederick Schauer (University of Virginia School of Law) has posted Necessity, Importance, and the Nature of Law on SSRN. Here is the abstract: This paper, prepared for a conference on jurisprudential methodology in Girona, Spain, starts with the observation that...

Levine on the Ninth Amendment

Posted on April 27, 2010
Samuel J. Levine (Pepperdine University School of Law) has posted Of Inkblots and Omnisignificance: Conceptualizing Secondary and Symbolic Functions of the Ninth Amendment, in a Comparative Hermeneutic Framework (Michigan State Law Review, Vol. 2009, No...

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McGinnis on Artificial Intelligence

Posted on April 27, 2010
John O. McGinnis (Northwestern University - School of Law) has posted Accelerating AI (Northwestern University Law Review, Forthcoming) on SSRN. Here is the abstract: This essay argues for government support for ?friendly AI? - a kind of artificial intelligence that...

Byrne on Common Law Baselines & Climate Change

Posted on April 27, 2010
J. Peter Byrne (Georgetown University - Law Center) has posted Rising Seas and Common Law Baselines: A Comment on Regulatory Takings Discourse Concerning Climate Change (Vermont Journal of Environmental Law, Vol. 11, 2010) on SSRN. Here is the abstract: In...

Pether on Representations of Rape

Posted on April 27, 2010
Penelope J. Pether (Villanova University School of Law) has posted What is Due to Others: Speaking and Signifying Subject(s) of Rape Law (Griffith Law Review, Vol. 18, p. 237, 2009) on SSRN. Here is the abstract: Australian journalist Paul Sheehan's....

Zeisberg on Frederick Douglass & Constitutional Fidelity

Posted on April 26, 2010
Mariah Zeisberg (University of Michigan at Ann Arbor - Department of Political Science) has posted Frederick Douglass, Citizen Interpreter on SSRN. Here is the abstract: The classical portrait of constitutional fidelity emphasizes that interpreters should sharply distinguish between their own...

Green on Judge Barksdale

Posted on April 26, 2010
Christopher R. Green (University of Mississippi - School of Law) has posted Some Themes from Judge Rhesa H. Barksdale?s Published Opinions (Mississippi Law Journal, Vol. 79, p. 261, 2010) on SSRN. Here is the abstract: On the occasion of Judge...

Ho on Competing Patent Perspectives

Posted on April 26, 2010
Cynthia M. Ho (Loyola University of Chicago School of Law) has posted Unveiling Competing Patent Perspectives (46 Houston Law Review 1047 (2009)) on SSRN. Here is the abstract: This article takes a fresh approach to better understand charged discussions concerning...

Bar-Siman-Tov on Lawmakers as Lawbreakers

Posted on April 26, 2010
Ittai Bar-Siman-Tov (Columbia University - Law School) has posted Lawmakers as Lawbreakers (William & Mary Law Review, Forthcoming) on SSRN. Here is the abstract: How would Congress act in a world without judicial review? This Article examines Congress?s capacity and...

Newdow on Scalia on Atheists

Posted on April 26, 2010
Mike Newdow has posted Question to Justice Scalia: Does the Establishment Clause Permit the Disregard of Devout Catholics? (Capital University Law Review, Forthcoming) on SSRN. Here is the abstract: In June 2005, Justice Antonin Scalia contended that 'the Establishment Clause...

Legal Theory Lexicon: The Law Is A Seamless Web

Posted on April 25, 2010
Introduction F.W. Maitland, the famous legal historian wrote, ?Such is the unity of all history that any one who endeavors to tell a piece of it must feel that his first sentence tears a seamless web.? (A Prologue to a...

Legal Theory Bookworm

Posted on April 24, 2010
The Legal Theory Bookworm recommends The Living Constitution by David A. Strauss. Here is a description: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless...

Download of the Week

Posted on April 24, 2010
The Download of the Week is Two Kinds of Retributivism by Mitchell N. Berman. Here is the abstract: This essay, written as a contribution to a forthcoming volume on the philosophical foundations of the criminal law, challenges the longstanding dominant...

Rosser on Austin on Navajo Courts & Customary Law

Posted on April 24, 2010
Ezra Rosser (American University - Washington College of Law) has posted Displacing the Judiciary: Customary Law and the Threat of a Defensive Tribal Council (American Indian Law Review, Vol. 35, No. 1, 2010) on SSRN. Here is the abstract: Displacing...

Conference Announcement: Empirical Legal Studies Workshop at Northwestern

Posted on April 23, 2010
The upcoming Conducting Empirical Legal Scholarship Workshop presented by Northwestern University School of Law and Washington University School of Law, will take place May 24-26, 2010, at Northwestern University School of Law in Chicago. The Conducting Empirical Legal Scholarship workshop...

Mootz on Interpretation

Posted on April 23, 2010
Francis Joseph Mootz III (William S. Boyd School of Law, UNLV) has posted Interpretation (THE COMPANION TO LAW AND THE HUMANITIES, Sarat, Anderson, Franke, eds., Cambridge University Press, 2010) on SSRN. Here is the abstract: This essay is Chapter 13...

Suarez on School Discipline in New Haven

Posted on April 23, 2010
Christopher A. Suarez (Yale University - Law School) has posted School Discipline in New Haven: Law, Norms and Beating the Game on SSRN. Here is the abstract: Through a case-study of the New Haven Public School System, this Article examines...

Call for Papers: CELS Deadline

Posted on April 23, 2010
Information on CELS 2010, scheduled for 5-6 November 2010 at Yale Law School, is here. Of note is that the submission deadline for paper proposals is Friday July 2, 2010.

Wolitz on Innocence Commissions

Posted on April 23, 2010
David Wolitz (Georgetown University Law Center) has posted Innocence Commissions and the Future of Post-Conviction Review (Arizona Law Review, Forthcoming) on SSRN. Here is the abstract: In the fall of 2006, North Carolina became the first state to establish an...

A Dilemma for Incompatibilists?

Posted on April 23, 2010
A lovely post by Neal Tognazzini on Flickers of Freedom.

Willis & Chung on the Unconstitutionality of the Health Care Mandate as a Tax

Posted on April 23, 2010
Steven J. Willis and Nakku Chung (University of Florida - Fredric G. Levin College of Law and University of Florida - Fredric G. Levin College of Law) have posted Of Constitutional De-Capitation and Health Care (Tax Notes, Vol. 127, No....

Carrier on In re Rambus

Posted on April 23, 2010
Michael A. Carrier (Rutgers University School of Law - Camden) has posted The D.C. Circuit?s Error in Rambus and a More Justifiable Framework for Causation and Standard-Setting on SSRN. Here is the abstract: In the most important ruling ever on...

Charles on "A Well-Regulated Militia"

Posted on April 23, 2010
Patrick J. Charles (Immigration Reform Law Institute) has posted The Constitutional Significance of a 'Well-Regulated Militia' Asserted and Proven with Commentary on the Future of Second Amendment Jurisprudence (Northeastern University Law Review, Forthcoming) on SSRN...

Brooks & Stremitzer on Contract Remedies

Posted on April 22, 2010
Richard R. W. Brooks (Yale University - Law School) & Alexander Stremitzer (Yale Law School; University of Bonn - Economics Department) have posted Remedies On and Off Contract (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: Easy availability...

Ferzan on Pluto

Posted on April 22, 2010
Kimberly Kessler Ferzan (Rutgers, The State University of New Jersey - School of Law - Camden) has posted A Planet by Any Other Name... (Michigan Law Review, Vol. 108, No. 6, 2010) on SSRN. Here is the abstract: Scientific discoveries...

The Short List

Posted on April 22, 2010
According to Jan Crawford of CBS: Martha Minow, dean of Harvard Law School Elana Kagan, Solicitor General, former Harvard Law dean Sid Thomas, Montana federal appeals court judge Merrick Garland, federal appeals court judge, Washington DC Jennifer Granholm, Michigan governor...

Calamita on the Iranian Nuclear Issue

Posted on April 22, 2010
N. Jansen Calamita (University of Birmingham, School of Law) has posted Sanctions, Countermeasures, and the Iranian Nuclear Issue (Vanderbilt Journal of Transnational Law, Vol. 42, No. 5, 2009) on SSRN. Here is the abstract: The international community?s response to Iran?s...

Marmor on Authority

Posted on April 22, 2010
Andrei Marmor (USC Gould School of Law) has posted The Dilemma of Authority on SSRN. Here is the abstract: The normal way to establish that a person has authority over another requires a rule-governed institutional setting. To have authority is...

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