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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

Download of the Week

Posted on February 26, 2011
The Download of the Week is Transtemporal Separation of Powers in the Law of Precedent by Randy Beck. Here is the abstract: The rule of stare decisis creates a presumption that a court?s ruling on a legal question remains binding...

Dan-Cohen on Sanctioning Corporations

Posted on February 25, 2011
Meir Dan-Cohen (University of California, Berkeley - School of Law) has posted Sanctioning Corporations (Journal Law and Policy, Vol. 19, No. 1, pp. 15-43, 2010) on SSRN. Here is the abstract: The question of corporate criminal liability should be split...

Hamilton on M?ri v. Japan & the Constitutionality of Japan's Self-Defense Forces

Posted on February 25, 2011
Hudson Hamilton (University of Washington School of Law) has posted M?ri v. Japan: The Nagoya High Court Recognizes the Right to Live in Peace (Pacific Rim Law & Policy Journal, Vol. 19, No. 3, 2010) on SSRN. Here is the...

Blomquist on Overinterpreting Law

Posted on February 25, 2011
Robert F. Blomquist (Valparaiso University School of Law) has posted Overinterpreting Law on SSRN. Here is the abstract: Overinterpretation has attracted considerable attention in other fields, such as literary studies, science, and rhetoric, but it is under-theorized in law...

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Shulman on Religious Parenting Rights

Posted on February 25, 2011
Jeffrey Shulman (Georgetown University Law Center) has posted Introduction to 'Who Owns the Soul of the Child?: Religious Parenting Rights and the Enfranchisement of the Child' on SSRN. Here is the abstract: This piece is the introduction to a book-length...

Shen & Jones on Brain Scans as Evidence

Posted on February 25, 2011
Francis X. Shen and Owen D. Jones (Vanderbilt Law School and Vanderbilt University - Law School & Department of Biological Sciences) have posted Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons (Mercer Law Review, Vol. 62, 2011) on SSRN....

Magliocca on Reforming the Filibuster

Posted on February 25, 2011
Gerard Magliocca has a nice piece on The Legal Workshop, summarizing his "Reforming the Filibuster," forthcoming in the Northwestern University Law Review. Here is a taste: One way to pressure the Senate would be for the President and the House...

Glen on Kafka & Jospeh and a Relational Approach to Law

Posted on February 25, 2011
Patrick J. Glen (Georgetown University Law Center) has posted An Essay on Franz Kafka, Lawrence Joseph, and the Possibilities of Jurisprudential Literature on SSRN. Here is the abstract: The purpose of this article is twofold. First, it offers a complementary...

Barnett on Independent Agency Removal Protection & Free Enterprise Fund v. Public Company Accounting Oversight Board

Posted on February 25, 2011
Kent H. Barnett (University of Kentucky College of Law) has posted Avoiding Independent Agency Armageddon on SSRN. Here is the abstract: In Free Enterprise Fund v. Public Company Accounting Oversight Board, the U.S. Supreme Court invalidated Congress? use of two...

Masur on Patent LIability Rules as Search Rules

Posted on February 24, 2011
Jonathan S. Masur (University of Chicago - Law School) has posted Patent Liability Rules as Search Rules (University of Chicago Law Review, Vol. 78, No. 1, 2011) on SSRN. Here is the abstract: Patent law?s infringement doctrines, commonly understood to...

Goldberg on American Tort Law as Model

Posted on February 24, 2011
John C. P. Goldberg (Harvard Law School) has posted Tort in Three Dimensions (Pepperdine Law Review, Vol. 38, 2011) on SSRN. Here is the abstract: Should our tort law serve as a model for other nations? The answer depends in...

Anderson on the "Right" to Obscurity

Posted on February 24, 2011
Heidi Reamer Anderson (Florida Coastal School of Law) has posted The Mythical Right to Obscurity: A Pragmatic Defense of No Privacy in Public on SSRN. Here is the abstract: In several states, citizens who videotaped police misconduct and distributed the...

Witmer-Rich on Police Interrogation & the Roberts Court

Posted on February 24, 2011
Jonathan Witmer-Rich (Cleveland State University - Cleveland-Marshall College of Law) has posted Interrogation and the Roberts Court on SSRN. Here is the abstract: To date, the Roberts Court has decided five cases involving the rules for police interrogation under the...

Cohen & O'Byrne on Law, Emotion, & the Subprime Mortgage Crisis

Posted on February 24, 2011
Ronnie Cohen and Shannon K. O'Byrne (Christopher Newport University and University of Alberta) has posted Burning Down the House: Law, Emotion, and the Subprime Mortgage Crisis (Real Property, Trust and Estate Law Journal, Forthcoming) on SSRN. Here is the abstract:...

Markell & Ruhl on Climate Change in the Courts

Posted on February 23, 2011
David L. Markell and J. B. Ruhl (Florida State University College of Law and Florida State University College of Law) have posted An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as Usual? on SSRN....

Burdon on Earth Rights

Posted on February 23, 2011
Peter D. Burdon (University of Adelaide, School of Law) has posted Earth Rights: The Theory (IUCN Academy of Environmental Law E-Journal, No. 1, 2011) on SSRN. Here is the abstract: This paper considers the concept of earth rights in terms...

Schragger on the Relative Irrelevance of the Supreme Court's Establishment Clause Jurisprudence

Posted on February 23, 2011
Richard Schragger (University of Virginia School of Law) has posted The Relative Irrelevance of the Establishment Clause (Texas Law Review, Vol. 89, p.583, 2011) on SSRN. Here is the abstract: Despite the heated legal, political, and scholarly battles that rage...

Book Announcement: Property: Values & Institutions by Dagan

Posted on February 23, 2011
Property: Values and Institutions Hanoch Dagan Oxford University Press Property: Values and Institutions, by Hanoch Dagan, offers an original understanding of property, different from the dominant voices in the field, yet loyal to the practice of property...

Huang on Judicial Overload & the Outcome of Appeals

Posted on February 23, 2011
Bert I. Huang (Columbia University - Law School) has posted Lightened Scrutiny (Harvard Law Review, Vol. 124, No. 5, p. 1109, March 2011) on SSRN. Here is the abstract: The current anxiety over judicial vacancies is not new. For decades,...

Dorf & McElroy on Retired Justices Citizen by Designation

Posted on February 23, 2011
Michael C. Dorf and Lisa McElroy (Cornell Law School and Drexel University - Earle Mack School of Law) have posted Coming Off the Bench: Legal and Policy Implications of Proposals to Allow Retired Justices to Sit by Designation on the...

Szto on Virtue & Chinese Law

Posted on February 23, 2011
Mary Szto (Hamline University School of Law) has posted 'Strengthening the Rule of Virtue and Finding Chinese Law in 'Other Places: Gods, Kin, Guilds, and Gifts on SSRN. Here is the abstract: Discussions about the rule of law in China...

Sarma on Race in Jury Selection

Posted on February 22, 2011
Bidish Sarma (The Justice Center's Capital Appeals Project) has posted When Will Race No Longer Matter in Jury Selection? (Michigan Law Review First Impressions, Vol. 109, 2011) on SSRN. Here is the abstract: We are coming upon the twenty-fifth anniversary...

Paulsen on Constitutional Amendments Conforming the Text to the Decisions of the Supreme Court

Posted on February 22, 2011
Michael Stokes Paulsen (University of St. Thomas School of Law) has posted Our Perfect, Perfect Constitution (Constitutional Commentary, 2011) on SSRN. Here is the abstract: In this short article, Professor Paulsen explains how our Constitution is perfect and how every...

Miller on Community Standards

Posted on February 22, 2011
Alan D. Miller (University of Haifa - Faculty of Law) has posted The Impossibility of Community Standards on SSRN. Here is the abstract: Under a doctrine introduced by the United States Supreme Court in Roth v. United States (1957), works...

Beck on Transtemporal Separation of Powers & Precedent

Posted on February 22, 2011
Randy Beck (University of Georgia Law School) has posted Transtemporal Separation of Powers in the Law of Precedent on SSRN. Here is the abstract: The rule of stare decisis creates a presumption that a court?s ruling on a legal question...

Hawkins on Dodd-Frank & Fringe Credit

Posted on February 22, 2011
Jim Hawkins (University of Houston Law Center) has posted The Federal Government in the Fringe Economy (Chapman Law Review, Forthcoming) on SSRN. Here is the abstract: This paper is a contribution to Chapman Law Review?s symposium, From Wall Street to...

Cotter on Comparative Law and Economics of Patent Remedies

Posted on February 22, 2011
Thomas F. Cotter (University of Minnesota Law School) has posted A Research Agenda for the Comparative Law and Economics of Patent Remedies on SSRN. Here is the abstract: Over the past two decades, a small but growing number of law-and-economics...

Viljanen on the Ontological Politics of Law

Posted on February 21, 2011
Mika Viljanen (Faculty of Law, University of Turku) has posted Law and Ontological Politics (NoFo: Journal of Extreme Legal Positivism, No. 6, pp. 5-18, 2009) on SSRN. Here is the abstract: The article discusses the ontological politics of law. And...

Gelinas on the Rationale for Judicial Independence

Posted on February 21, 2011
Fabien Gelinas (McGill University) has posted The Dual Rationale of Judicial Independence (CONSTITUTIONAL MYTHOLOGIES: NEW PERSPECTIVES ON CONTROLLING THE STATE, Alain Marciano, ed., New York: Springer, 2011) on SSRN. Here is the abstract: This paper considers the rationale of judicial...

Call for Panelists: AALS Section on Law & Humanities

Posted on February 21, 2011
Call for Panelists AALS Section on Law and Humanities ?Excavating and Integrating Law and Humanities in the Core Curriculum? 2012 AALS Annual Meeting January 4-8, 2012 Washington, D.C. The AALS Section on Law and Humanities will hold a program during...

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