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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

Events from Legal Scholarship Blog Today

Posted on April 08, 2010
From Legal Scholarship Blog: Loyola Adam Samaha (Chicago). Marquette Joshua Dressler (Ohio State). Minnesota Jeannie Suk, (Harvard). Ohio State Arthur F. Greenbaum (Ohio State), Automatic Reporting of Lawyer Misconduct to Disciplinary Authorities. SMU Fumitoshi Tamakuni (Chuo University), Japanese Style Tax...

Schwinn on the State Secrets Privilege

Posted on April 08, 2010
Steven D. Schwinn (John Marshall Law School (Chicago)) has posted The State Secrets Privilege in the Post-9/11 Era (Pace Law Review, Vol. 30, p. 778, 2010) on SSRN. Here is the abstract: This article examines the Government?s position on the...

Conference on Barry Friedman's "The Will of the People" at Michigan State University

Posted on April 08, 2010
I am blogging this evening from East Lansing Michigan, where a marvelous conference on Barry Friedman's new book, The Will of the People, has just gotten started. Friedman started the conference with a keynote address that combined a serious discussion...

Kletzer on the Reception of Kelsen in the UK

Posted on April 08, 2010
Christoph Kletzer (King's College London - School of Law) has posted The Role and Reception of the Work of Hans Kelsen in the United Kingdom (The Role and Reception of Hans Kelsen (Manz, Vienna)) on SSRN. Here is the abstract:...

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Announcement: Dennis Leslie Mahoney Prize in Jurisprudence

Posted on April 07, 2010
The Julius Stone Institute of Jurisprudence in the Sydney Law School at the University of Sydney invites entries for the Dennis Leslie Mahoney Prize in Jurisprudence 2011. The prize is funded by a generous gift from the Honourable Dennis Mahoney...

Franco on Mutual Fund Disclosure

Posted on April 07, 2010
Joseph A. Franco (Suffolk University Law School) has posted A Consumer Protection Approach to Mutual Fund Disclosure and the Limits of Simplification (Stanford Journal of Law, Business, and Finance, Vol. 15, p. 1, 2009) on SSRN. Here is the abstract:...

Call for Papers: Midwest Law & Society Retreat

Posted on April 07, 2010
From Legal Scholarship Blog: The University of Wisconsin Institute for Legal Studies is hosting its fifth annual Midwest Law & Society RetreatOctober 8-9, 2010. The call for papers deadline is June 1, 2010. Proposals can be submitted here.

Yovel on Relational Formalism

Posted on April 07, 2010
Jonathan Yovel (Yale Law School) has posted Relational Formalism, Linguistic Theory and Legal Construction on the Internet. Here is the abstract: Legal formalism and legal relationalism are traditionally thought of as defining opposite poles of jurisprudential analysis...

Elga on Epistemic Advisors

Posted on April 07, 2010
Adam Elga has posted Reflection and Disagreement on the Internet. Here is the abstract: How should you take into account the opinions of an advisor? When you completely defer to the advisor's judgment (the manner in which she responds to...

Tschentscher on Nazi Lawmaking

Posted on April 07, 2010
Axel Tschentscher (Bern University - Law School) has posted Footprints of the Evil: Techniques of Nazi Lawmaking on SSRN. Here is the abstract: We can recognize evil when we see it. But can we really? How about recognizing evil laws?...

Berman on United States v. Vasquez

Posted on April 07, 2010
"I was forced by a law that should not have been invoked to impose a five-year prison term."--Check out Doug Berman's post on United States v. Vasquez--must reading if you normally would not be interested in sentencing.

Conference Announcement: Three Workshops on Moral Agency in the Netherlands

Posted on April 07, 2010
Three workshops on Moral Agency, Deliberative Awareness, and Conscious Control Department of Philosophy, Erasmus University Rotterdam, The Netherlands: Friday and Saturday 15?16 October 2010: Strawsonian and Consequentialist Views on Personal Responsibility Friday and Saturday 16?17 September 2011: Everyday Reason Talk...

Amann on Stevens & Race-Conscious Measures

Posted on April 07, 2010
Diane Marie Amann (Professor of Law, University of California, Davis, School of Law) has posted John Paul Stevens and Equally Impartial Government (UC Davis Law Review Vol. 43, p. 885, 2010) on SSRN. Here is the abstract: This article is...

Events from Legal Scholarship Blog Today

Posted on April 07, 2010
From Legal Scholarship Blog: University of Miami: Charlton Copeland, Anti-Constitutional: Judicial Invalidation of Constitutional Amendment. The Berkeley Journal of Employment & Labor Law and the Berkeley Center on Health, Economic & Family Security present Paving the High Road: Labor Standards...

Mayeri on Frontiero v. Richardson

Posted on April 07, 2010
Serena Mayeri (University of Pennsylvania Law School) has posted 'When the Trouble Started': The Story of Frontiero v. Richardson (WOMEN AND THE LAW STORIES, Elizabeth Schneider and Stephanie M. Wildman, eds., Foundation Press, 2010) on SSRN. Here is the abstract:...

Ryan on Negotiating Federalism

Posted on April 07, 2010
Erin Ryan (William & Mary Law School) has posted Negotiating Federalism (Boston College Law Review, Forthcoming) on SSRN. Here is the abstract: Bridging the fields of federalism and negotiation theory, Negotiating Federalism analyzes how public actors navigate difficult federalism terrain...

Zhu on Race & Law School Hiring

Posted on April 06, 2010
Ming M. Zhu (Harvard University - Harvard Law School; Lawyers' Committee for Civil Rights; Government of the United States of America - United States Court of Appeals for the District of Columbia Circuit) has posted An Empirical Study of Race...

Chappell on Regan on Coopertive Utilitarianism

Posted on April 06, 2010
Richard Chappell has a nice post on Donald Regan's Utilitarianism and Cooperation on Philosophy Etc. A taste: Donald Regan's masterful Utilitarianism and Cooperation raises a problem for traditional consequentialist views, which conceive of agents as choosing between external options like...

"Textualism" Debate on PENNumbra (plus an essay by Greenberg)

Posted on April 06, 2010
On PENNumbra, the online companion to the University of Pennsylvania Law Review, there is a marvelous debate, kicked off by The Inexorable Radicalization of Textualism by Jonathan R. Siegel. Here is a taste: For decades, scholars have divided over how...

Prasser & Aroney on Constitutional Reform in Queensland

Posted on April 06, 2010
Scott Prasser and Nicholas Aroney (University of the Sunshine Coast, Australian Catholic University and University of Queensland - TC Beirne School of Law) have posted Real Constitutional Reform after Fitzgerald: Still Waiting for Godot (Griffith Law Review, Vol...

Legg, Travers, Parks, & Turner on Litigation Funding in Australia

Posted on April 06, 2010
Michael Legg, Louisa Travers, Edmond Park and Nicholas Turner (University of New South Wales (UNSW) - Faculty of Law, Clayton Utz, Clayton Utz and Clayton Utz) have posted Litigation Funding in Australia on SSRN. Here is the abstract: Litigation funding...

Childress on Comity & Conflict of Law

Posted on April 06, 2010
Donald Earl Childress III (Pepperdine University School of Law) has posted Comity as Conflict: Resituating International Comity as Conflict of Laws (University of California-Davis Law Review, Vol. 44, p. 1, November 2010) on SSRN. Here is the abstract: This Article...

Issacharoff on Constitutional Courts & Emergence from Authoritarianism

Posted on April 06, 2010
Samuel Issacharoff (New York University School of Law) has posted Constitutional Courts and Democratic Hedging (Georgetown Law Journal, Forthcoming, NYU School of Law, Public Law) on SSRN. Here is the abstract: New democracies have emerged in unprecedented numbers in the...

Most Cited Authors in the Humanities in 2007 (with some law comparisons)

Posted on April 06, 2010
From Times Higher Education, hat top to Leiter. The original numbers (in black) are the basis for the ranking, but I have added citation counts from 2007 in the Westlaw JLR data base in blue. Michel Foucault (1926-1984) Philosophy, sociology,...

Video of Lecture on Ideology and Character in Judicial Selection

Posted on April 05, 2010
I presented these remarks to the International Law Congress in Ankara, Turkey, on January 15, 2010: Remarks on Ideology and Character in Judicial Selection and the Rule of Law The link takes you to a webpage in Turkish, but the...

New Link to My Home Page

Posted on April 05, 2010
Because of some reorganization of the server structure here at the University of Illinois College of Law, there is a new link to my personal home page.

Nussbaum Remembers Kenneth Dover

Posted on April 05, 2010
Martha Nussbaum has a moving remembrance of the eminent classicist Kenneth Dover on The New Republic. I read his The Greeks years ago: his work oozes erudition. Hat tip to Leiter, who notes Nussbaum's comments on the absurdity of applying...

Bilz on Defending the Misuse of Statistics in Law

Posted on April 05, 2010
Kenworthey Bilz (Northwestern University - School of Law) has posted Defending the (Mis)Use of Statistics in Law (Journal of Institutional & Theoretical Economics, Vol. 166, pp. 194-198, 2010) on SSRN. Here is the abstract: In this brief Comment, I argue...

Brooks on Bank & Cheffins on the Corporate Pyramid Myth

Posted on April 05, 2010
On Jotwell, Kimberley Brooks has a post on Steven A. Bank & Brian R. Cheffins, The Corporate Pyramid Fable. A taste of Brooks: Bank and Cheffins do not disappoint. They turn to offer some tentative alternative explanations for the rarity...

Events from Legal Scholarship Blog Today

Posted on April 05, 2010
From Legal Scholarship Blog: The Fordham Law Review presents The Adequacy of the Presidential Succession System in the 21st Century: Filling the Gaps and Clarifying the Ambiguities in Constitutional and Extraconstitutional Arrangements April 16-17, 2010...

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