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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

Cook & Heilmann on Self-Censorship

Posted on March 31, 2010
Philip Cook and Conrad Heilmann (University of Leicester and London School of Economics) have posted Two Types of Self-Censorship: Public and Private on SSRN. Here is the abstract: We propose and defend a distinction between two types of self-censorship: public...

Starger on Legal Arguments and Access to DNA

Posted on March 30, 2010
Colin P. Starger (New York University - School of Law) has posted The DNA of an Argument: A Case Study in Legal Logos (Journal of Criminal Law and Criminology, Vol. 99, No. 4, 2009) on SSRN. Here is the abstract:...

Chair in Social or Political Theory at the European University Institute

Posted on March 30, 2010
The European University Institute is looking for candidates with a distinguished record of scholarly publications and experience inpostgraduate teaching and doctoral supervision, to fill a Chair in Social and/or Political Theory (SPS9) in the Department of Political and Social Sciences...

Priester on Apprendi

Posted on March 30, 2010
Benjamin J. Priester (Florida Coastal School of Law) has posted Apprendi Land Becomes Bizarro World: 'Policy Nullification' and Other Surreal Doctrines in the New Constitutional Law of Sentencing on SSRN. Here is the abstract: Imagine a final exam essay answer...

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Khalil on Constitutionalism for Arab States

Posted on March 30, 2010
Asem Khalil (Birzeit University) has posted From Constitutions to Constitutionalism: An Opportunity for Arab States, Not a Paradox on SSRN. Here is the abstract: Most contemporary states have adopted written and rigid constitutions. A constitution presumes the existence of a...

Maxeiner on Iqbal

Posted on March 30, 2010
James R. Maxeiner (University of Baltimore - School of Law) has posted Pleading and Access to Civil Procedure: Historical and Comparative Reflections on Iqbal, a Day in Court and a Decision According to Law (Penn State Law Review, Forthcoming) on...

Eagle on Generosity & Conservation Easements

Posted on March 30, 2010
Josh Eagle (University of South Carolina - School of Law) has posted Notional Generosity (Harvard Environmental Law Review, Vol. 35, No. 1, 2011) on SSRN. Here is the abstract: This article explores a phenomenon that might be called ?gift-form generosity?:...

McKenna on Equitable Discretion in Trademark Law

Posted on March 30, 2010
Mark P. McKenna (Notre Dame Law School) has posted Back to the Future: Rediscovering Equitable Discretion in Trademark Cases (Lewis & Clark Law Review, Vol. 14, 2010) on SSRN. Here is the abstract: Courts in recent years have increasingly made...

Levinson on the Puzzle of Constitutional Commitment

Posted on March 29, 2010
Daryl J. Levinson (Harvard University - Harvard Law School) has posted Parchment and Politics: The Positive Puzzle of Constitutional Commitment on SSRN. Here is the abstract: Constitutionalism is often analogized to Ulysses binding himself to the mast in order to...

Conference Announcement: International Association for Constitutional Law in Mexico City

Posted on March 29, 2010
The International Association of Constitutional Law is inviting papers for its World Congress which will take place in Mexico city, from 6 to 10 December 2010. There are two principal formats for the scholarly program of the world congress: plenary...

Albert on Separation of Powers in Parliamentary Systems

Posted on March 29, 2010
Richard Albert (Boston College Law School) has posted Presidential Values in Parliamentary Democracies (International Journal of Constitutional Law, Vol. 8, No. 2, 2010) on SSRN. Here is the abstract: Constitutional theory has long regarded the separation of powers as unique...

Varol on Strict Scrutiny

Posted on March 29, 2010
Ozan O. Varol (Keker & Van Nest LLP) has posted Strict in Theory, but Accommodating in Fact? (Missouri Law Review, Forthcoming) on SSRN. Here is the abstract: As first-year law students quickly learn, the strict-scrutiny test governs challenges under the...

Whinston & Segal on Economic Theories of Property Rights

Posted on March 29, 2010
Michael D. Whinston and Ilya R. Segal (Northwestern University - Department of Economics and Stanford University) have posted Property Rights on SSRN. Here is the abstract: This is a survey of some theories of property rights, prepared for the Handbook...

Lyons on Federalism & Telecommunications Regulation

Posted on March 29, 2010
Daniel Lyons (Boston College - Law School) has posted Technology Convergence and Federalism: Who Should Decide the Future of Telecommunications Regulation? (University of Michigan Journal of Law Reform, Vol. 43, No. 2, 2010) on SSRN. Here is the abstract: This...

Book Announcement: Hernando de Soto and Property in a Market Economy, Edited by Barros

Posted on March 29, 2010
Hernando de Soto and Property in a Market Economy (edited by D. Benjamin Barros) has been published by Ashgate. . Here's the back-cover blurb: Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery of...

Conference Announcement: Religious Lega Theory at St. Johns

Posted on March 29, 2010
CALL FOR PAPERS RELIGIOUS LEGAL THEORY CONFERENCE: RELIGION IN LAW AND LAW IN RELIGION Center for Law, Religion, and the Global Community St. John?s University School of Law New York November 5, 2010 This annual symposium, to be shared among...

Legal Theory Lexicon: Principles in Constitutional Law

Posted on March 28, 2010
Introduction When studying constitutional law, students are likely to be exposed to the idea that interpretation of the United States Constitution may include reference to what are sometimes called "constitutional principles"--general and abstract normative ideas that can aid or guide...

Legal Theory Bookworm

Posted on March 27, 2010
The Legal Theory Bookworm recommends The Soul of Creativity: Forging a Moral Rights Law for the United States by Roberta Kwall. Here is a description: In the United States, human creativity is historically understood to be motivated by economic concerns...

Download of the Week

Posted on March 27, 2010
The Download of the Week is Foundational Facts and Doctrinal Change by Suzanna Sherry. Here is the abstract: Doctrine is at the center of law and legal analysis. This Article argues that we have fundamentally misunderstood its nature. The conventional...

Undurraga & Cook on the Columbian Constitutional Court's Abortion Decision

Posted on March 26, 2010
Ver�nica Undurraga and Rebecca J. Cook (University of Toronto - Faculty of Law) have posted Constitutional Incorporation of International and Comparative Human Rights Law: The Colombian Constitutional Court Decision C-355/2006 (Constituting Equality: Gender Equality and Comparative Constitutional Law, ed...

Rappaport on the Obama Administration & Transformative Change

Posted on March 26, 2010
Michael B. Rappaport (University of San Diego School of Law) has posted The Obama Administration, Fundamental Institutional Change, and the Constitutional Lawmaking System (Constitutional Commentary, Spring 2010) on SSRN. Here is the abstract: This brief essay, written for a symposium...

Golberg & Zipursky on Polinsky & Shavell on Product Liability

Posted on March 26, 2010
John C.P. Goldberg and Benjamin C. Zipursky (Harvard Law School and Fordham University - School of Law) have posted The Easy Case for Products Liability Law: A Response to Professors Polinsky and Shavell (Harvard Law Review, Vol. 123, 2010) on...

Law on Institutional Structure and Judicial Behavior

Posted on March 26, 2010
David S. Law (Washington University School of Law in St. Louis; Washington University, St. Louis - Department of Political Science) has posted How to Rig the Federal Courts (Georgetown Law Journal, Vol. 99 (forthcoming 2011)) on SSRN. Here is the...

Smith on Government Speech

Posted on March 26, 2010
Steven Douglas Smith (University of San Diego School of Law) has posted Why is Government Speech Problematic? The Unnecessary Problem, the Unnoticed Problem, and the Big Problem (Denver University Law Review, Forthcoming) on SSRN. Here is the abstract: This article,...

Chang on Constitutionalism in Japan, South Korea, and Taiwan

Posted on March 26, 2010
Wen-Chen Chang (National Taiwan University College of Law) has posted East Asian Foundations for Constitutionalism: Three Models Reconstructed (National Taiwan University Law Review, Vol. 3, No. 2, pp. 111-141, 2009) on SSRN. Here is the abstract: The majority of countries...

Sherry on Foundational Facts

Posted on March 26, 2010
Suzanna Sherry (Vanderbilt University Law School) has posted Foundational Facts and Doctrinal Change (University of Illinois Law Review, 2011) on SSRN. Here is the abstract: Doctrine is at the center of law and legal analysis. This Article argues that we...

Said on Coercing Voluntariness

Posted on March 25, 2010
Wadie E. Said (University of South Carolina School of Law) has posted Coercing Voluntariness (Indiana Law Journal, Vol. 85, No. 1, 2010) on SSRN. Here is the abstract: In recent years, the issue of coercive interrogations has generated a great...

Scordato on Unilateral and Bilateral Legal Analysis in Tort Law

Posted on March 25, 2010
Marin Roger Scordato (Catholic University of America - Columbus School of Law) has posted Innocent Threats, Concealed Consent and the Necessary Presence of Strict Liability in Traditional Fault-Based Tort Law (Pepperdine Law Review, Vol. 37, No. 1, 2010) on SSRN...

Joondeph on Politics & Preemption in the U.S. Courts of Appeals

Posted on March 25, 2010
Bradley W. Joondeph (Santa Clara University - School of Law) has posted The Political Dimensions of Federal Preemption in the United States Courts of Appeals on SSRN. Here is the abstract: This paper presents a statistical study of the published...

Ryan on "Cruel" Punishments

Posted on March 25, 2010
Meghan J. Ryan (Southern Methodist University Dedman School of Law) has posted Judging Cruelty on SSRN. Here is the abstract: The wisdom of the death penalty has recently come under attack in a number of states. This raises the question...

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