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Academic

Legal Theory Blog 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

Recent Entries: 5612

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McCauliff on Financial Regulation & Distributive Justice

Posted on March 19, 2010
Catherine M.A. McCauliff (Seton Hall University - School of Law) has posted Didn't Your Mother Teach You to Share?: Wealth, Lobbying and Distributive Justice in the Wake of the Economic Crisis (Rutgers Law Review, Vol. 62, 2010) on SSRN. Here...


Peterson on Habermas on Judicial Review, Common Law Adjudication, and Democracy

Posted on March 19, 2010
Victor Peterson has posted Creativity in Norm Application and Legal Adjudication: Discourse Theory on the Democratic Legitimacy of Legal Norms Developed through Common Law Adjudication and Judicial Review on SSRN. Here is the abstract: This article explains, defends, and develops...


Olson on Copyright Misuse & the First Amendment

Posted on March 19, 2010
David S. Olson (Boston College Law School) has posted First Amendment Based Copyright Misuse on SSRN. Here is the abstract: We are at a crossroads with respect to the under-developed equitable defense of copyright misuse. The defense may go the...


Conference Announcement: European Energy Law at Noordwijk aan Zee

Posted on March 19, 2010
European Energy Law Seminar The Dutch Energy Law Association (Nederlandse Vereniging voor Energierecht) in co-operation with the Scandinavian Institute of Maritime Law (Nordisk Institutt for Sjørett) and the Groningen Centre of Energy Law of the University of Groningen is pleased...


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Goodman & Chen on Media Policy Reform

Posted on March 19, 2010
Ellen P. Goodman & Anne Chen (Rutgers University - Law School, University of Pennsylvania and Yale University - Information Society Project) have posted Modeling Policy for New Public Media Networks on SSRN. Here is the abstract: Dramatic transformations in communications...


Goodman & Chen on Digital Public Media & Broadband Adoption

Posted on March 18, 2010
Ellen P. Goodman & Anne Chen (Rutgers University - Law School & University of Pennsylvania and Yale University - Information Society Project) have posted Digital Public Media Networks to Advance Broadband and Enrich Connected Communities on SSRN. Here is the...


Rust on Review of Federal Sentencing Decisions

Posted on March 18, 2010
Craig D. Rust (George Mason University School of Law) has posted When ?Reasonableness? is Not so Reasonable: The Need to Restore Clarity to the Appellate Review of Federal Sentencing Decisions after Rita, Gall, and Kimbrough (Touro Law Review, Vol. 26,...


Matthews & Sweet on Rights, Balancing, and Proportionality

Posted on March 18, 2010
Jud Matthews and Alec Stone Sweet (Yale Law School and Yale Political Science) have posted All Things in Proportion? American Rights Doctrine and the Problem of Balancing on SSRN. Here is the abstract: This paper describes and evaluates the evolution...


Polsky & Markel on Taxing Punitive Damages

Posted on March 18, 2010
Gregg D. Polsky (Florida State University - College of Law) & Dan Markel (Florida State University College of Law) have posted Taxing Punitive Damages (Virginia Law Review, Vol. 96, No. 6, 2010) on SSRN. Here is the aabstract: There is...


March on Ramadan on Islamic Ethics

Posted on March 18, 2010
Andrew F. March (Yale University) has posted The Post-Legal Ethics of Tariq Ramadan: Persuasion and Performance in 'Radical Reform: Islamic Ethics and Liberation' (A Review Essay) (Middle East Law and Governance, Forthcoming) on SSRN. Here is the abstract: In this...


Kammerhofer on Constitutionalism, International Law, and Kelsen

Posted on March 18, 2010
Jörg Kammerhofer (University of Erlangen-Nuremberg, Department of Law) has posted Constitutionalism and the Myth of Practical Reason. Kelsenian Responses to Methodological Confusion on SSRN. Here is the abstract: While today a significant stream of European scholarship of international law is...


Ben-Shahar & Posner on the Right to Withdraw in Contract Law

Posted on March 17, 2010
Omri Ben-Shahar and Eric A. Posner (University of Chicago Law School and University of Chicago - Law School) have posted The Right to Withdraw in Contract Law on SSRN. Here is the abstract: European law gives consumers the right to...


Issacharoff on Judging in Extraordinary Times

Posted on March 17, 2010
Samuel Issacharoff (New York University School of Law) has posted Judging in the Time of the Extraordinary (Houston Law Review, Forthcoming) on SSRN. Here is the abstract: This lecture honors the centenary of the birth of Judge John R. Brown,...


Robson on Democracy & Antigone

Posted on March 17, 2010
Ruthann Robson (City University of New York - CUNY School of Law) has posted Democracy and Antigone (Stetson Law Review, Forthcoming) on SSRN. Here is the abstract: This essay explores democracy, sexuality, gender and legal practices using the frameworks of...


Sweet on Constitutionalization of the International Legal Order

Posted on March 17, 2010
Alec Stone Sweet (Yale Law School and Yale Political Science) has posted Constitutionalism, Legal Pluralism, and International Regimes (Indiana Journal of Global Legal Studies, Vol. 16, pp. 621-45, 2009) on SSRN. Here is the abstract: The international legal order, although...


Blumm & Ruhl on Huffman on Blumm & Ruhl on Lucas v. South Carolina Coastal Commission

Posted on March 17, 2010
Michael C. Blumm and J. B. Ruhl (Lewis & Clark Law School and Florida State University College of Law) have posted Background Principles, Takings, and Libertarian Property: A Response to Professor Huffman on SSRN. Here is the abstract: One of...


Chafetz on Impeachment & Assassination

Posted on March 17, 2010
Josh Chafetz (Cornell Law School) has posted Impeachment and Assassination (Minnesota Law Review, Vol. 95, 2010) on SSRN. Here is the abstract: In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either...


Bamberger & Mulligan on Privacy on the Ground

Posted on March 16, 2010
Kenneth A. Bamberger and Deirdre K. Mulligan (University of California, Berkeley - School of Law and School of Information, UC Berkeley) have posted Privacy on the Books and on the Ground (Stanford Law Review, Vol. 63, 2010) on SSRN. Here...


Gaudreault-DesBiens on Constitutional Patriotism

Posted on March 16, 2010
Jean-François Gaudreault-DesBiens (University of Montreal - Centre de recherche en droit public) has posted The Fetishism of Formal Law and the Fate of Constitutional Patriotism in Communities of Comfort: A Canadian Perspective (TIES THAT BIND. ACCOMMODATING DIVERSITY IN CANADA AND...


Conference Announcement: Post-Racialism at Georgetown

Posted on March 16, 2010
WHAT: "Post-racialism Symposium" Symposium on the current state of race relations in the United States in the wake of President Obama?s election, and how the law should respond. Many commentators have declared our society ?post-racial,? but what are the dangers...


Epstein on Competence & Coase on Firms

Posted on March 16, 2010
Richard A. Epstein (University of Chicago - Law School) has posted Inside the Coasean Firm: Competence as a Random Variable (University of Chicago Law Review, Forthcoming) on SSRN. Here is the abstract: The work of Ronald Coase is notable for...


Melendez-Juarbe on Copyright & Freedom of Speech

Posted on March 16, 2010
Hiram Melendez-Juarbe (University of Puerto Rico Law School) has posted Preliminary Remarks on Personal Use and Freedom of Speech on SSRN. Here is the abstract: This discussion-paper is part of a larger project in which I explore ways contemporary forms...


Buccafusco & Sprigman on Endowment Effects & Intellectual Property

Posted on March 16, 2010
Christopher J. Buccafusco (Chicago-Kent College of Law) & Christopher Jon Sprigman (University of Virginia School of Law) have posted Valuing Intellectual Property: An Experiment on SSRN. Here is the abstract: In this article we report on the results of an...


Suikkanen on Social Reliabilism & Moral Epistemology

Posted on March 15, 2010
If you have any interest in moral epistemology, check out Jussi Suikkanen's post, Intuitionism and Social Reliabilism on Pea Soup. Here is a taste: Moral epistemology is an area of metaethics that I feel most uneasy about. I?ve done the...


Wasserman on Iqbal

Posted on March 15, 2010
Howard M. Wasserman (Florida International University - College of Law) has posted Iqbal, Procedural Mismatches, and Civil Rights Litigation (Lewis & Clark Law Review, Vol. 14, p. 157, 2010) on SSRN. Here is the abstract: Understanding the twin pleading cases...


Priel on Legitimacy & Validity in Legal Theory

Posted on March 15, 2010
Dan Priel (University of Warwick - School of Law) has posted The Place of Legitimacy in Legal Theory on SSRN. Here is the abstract: In this essay I argue that to understand debates in jurisprudence one needs to distinguish clearly...


Leiter on the Radicalism of Legal Positivism

Posted on March 15, 2010
Brian Leiter (University of Chicago Law School) has posted The Radicalism of Legal Positivism (Guild Practitioner, 2010) on SSRN. Here is the abstract: ?Legal positivism? is often caricatured by its jurisprudential opponents, as well as by lawyers and legal scholars...


Cimino on Aretaic Contract Theory

Posted on March 15, 2010
Chapin Cimino (Drexel University - Earle Mack School of Law) has posted Virtue and Contract Law (Oregon Law Review, 2010) on SSRN. Here is the abstract: For years, legal theory scholars have been obsessed with two dominant normative accounts: law...


Craig on the Public Domain in Canada

Posted on March 15, 2010
Carys J. Craig (York University - Osgoode Hall Law School) has posted The Canadian Public Domain: What, Where, and to What End? (Canadian Journal of Law & Technology, Vol. 7, p. 221, 2010) on SSRN. Here is the abstract: This...


Richards & Solove on Prosser on Privacy

Posted on March 15, 2010
Neil M. Richards and Daniel J. Solove (Washington University School of Law in St. Louis and George Washington University Law School) have posted Prosser's Privacy Law: A Mixed Legacy (California Law Review, Vol. 98, 2010) on SSRN. Here is the...


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