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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

Reed on Information in the the Cloud

Posted on March 08, 2010
Chris Reed (Queen Mary University of London, School of Law) has posted Information 'Ownership' in the Cloud on SSRN. Here is the abstract: This paper is an output from the Legal Aspects of Cloud Computing research project at Queen Mary's...

Alces on Equity Trustees

Posted on March 08, 2010
Kelli A. Alces (Florida State University - College of Law) has posted The Equity Trustee on SSRN. Here is the abstract: As we reel from the effects of a recent financial disaster, it is apparent that there is a significant...

Fenster on Transparency

Posted on March 08, 2010
Mark Fenster (University of Florida - Fredric G. Levin College of Law) has posted Seeing the State: Transparency as Metaphor on SSRN. Here is the abstract: When applied as a public administrative norm, the term and concept ?transparency? has two...

Stern on "A Million Little Pieces" & Fraud

Posted on March 08, 2010
Simon Stern (Faculty of Law, University of Toronto) has posted Sentimental Frauds on SSRN. Here is the abstract: This paper examines the class action filed against James Frey for his inaccuracies in A Million Little Pieces. Memoirs often include inaccuracies...

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Nijman on Non-State Actors as International Legal Persons

Posted on March 08, 2010
Janne Elisabeth Nijman (Amsterdam Center for International Law - University of Amsterdam) has posted Non-State Actors and the International Rule of Law: Revisiting the 'Realist Theory' of International Legal Personality on SSRN. Here is the abstract: The present paper argues...

Legal Theory Lexicon: Property Rules & LIability Rules

Posted on March 07, 2010
Introduction One of the most famous distinctions in contemporary legal theory was made popular by Guido Calabresi & A. Douglas Melamed s famous article, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral. The core idea is simple...

Legal Theory Bookworm

Posted on March 06, 2010
The Legal Theory Bookworm recommends Measuring Justice: Primary Goods and Capabilities edited by Harry Brighouse & Ingrid Robeyns. Here is a description: This book brings together a team of leading theorists to address the question ?What is the right measure...

Download of the Week

Posted on March 06, 2010
Two papers this week: The Reconstruction Power by Jack M. Balkin: This essay argues that modern doctrine has not been faithful to the text, history and structure of the Thirteenth, Fourteenth, and Fifteenth Amendments. These amendments were designed to give...

Cheliotis on Bauman on Physical Exclusion & Domination

Posted on March 05, 2010
Leonidas K. Cheliotis (Queen Mary University of London, School of Law) has posted The Sociospatial Mechanics of Domination: Transcending the 'Exclusion/Inclusion' Dualism (Law & Critique: The International Journal of Critical Legal Thought, Vol. 21, No...

Druzin on Spontaneous Legal Order & Commercial Law

Posted on March 05, 2010
Bryan Druzin (King's College London - School of Law) has posted Law Without the State: The Theory of High Engagement and the Emergence of Spontaneous Legal Order within Commercial Systems (Georgetown Journal of International Law, Forthcoming) on SSRN...

Gulati, Klein, and Levi on Empirical Evaluation of Judges

Posted on March 05, 2010
G. Mitu Gulati, David Klein and David F. Levi (Duke University - School of Law , University of Virginia (UVA) and Duke University - School of Law) have posted Evaluating Judges and Judicial Institutions: Reorienting the Perspective on SSRN. Here...

Spinak on Family Court Reform

Posted on March 05, 2010
Jane M. Spinak (Columbia Law School) has posted Reforming Family Court: Getting it Right between Rhetoric and Reality (Washington University Journal of Law & Policy, Vol. 31, p. 11, 2009) on SSRN. Here is the abstract: Family Court reform efforts...

Grimmelmann on the Google Books Settlement

Posted on March 05, 2010
James Grimmelmann (New York Law School) has posted The Amended Google Books Settlement is Still Exclusive (CPI Antitrust Journal, January 2010) on SSRN. Here is the abstract: This brief essay argues that the proposed settlement in the Google Books case,...

Davies on Constitutional Pluralism in Europe

Posted on March 05, 2010
Gareth T. Davies (Free University of Amsterdam - Faculty of Law) has posted Constitutional Disagreement in Europe and the Search for Pluralism on SSRN. Here is the abstract: This paper has two purposes. One is to suggest that constitutional pluralism...

Berry on Judicial Restraint & the Death Penalty

Posted on March 05, 2010
William W. Berry III (University of Mississippi School of Law) has posted Powell, Blackmun, Stevens, and the Pandora?s Box Theory of Judicial Restraint on SSRN. Here is the abstract: In recent years, three Supreme Court justices, Powell, Blackmun, and most...

Twomey on Common Law Principles as Limitations on Legislative Power in the Commonwealth

Posted on March 04, 2010
Anne Twomey (University of Sydney - Faculty of Law) has posted Fundamental Common Law Principles as Limitations Upon Legislative Power (Oxford University Commonwealth Law Journal, Vol. 9, No. 1, pp. 47-71, 2009) on SSRN. Here is the abstract: The House...

Seymore on Novelty in Patent Law

Posted on March 04, 2010
Sean B. Seymore (Washington and Lee University - School of Law) has posted Rethinking Novelty in Patent Law (Duke Law Journal, Vol. 60, Forthcoming) on SSRN. Here is the abstract: The novelty requirement seeks to ensure that a patent will...

Nourse & Shaffer on the New Legal Realism

Posted on March 04, 2010
Victoria Nourse and Gregory Shaffer (University of Wisconsin Law School and University of Minnesota - Twin Cities - School of Law) have posted Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory? (A Synopsis)...

Rose on Sovereign Wealth Funds

Posted on March 04, 2010
Paul Rose (Ohio State University - Michael E. Moritz College of Law) has posted Sovereign Wealth Fund Investment in the Shadow of Regulation and Politics (Georgetown Journal of International Law, Vol. 40, No. 4, 2009) on SSRN. Here is the...

Zaring on Reasonable Agencies

Posted on March 04, 2010
David T. Zaring (University of Pennsylvania - Legal Studies Department) has posted Reasonable Agencies (Virginia Law Review, Vol. 96, No. 1, pp. 2317-2379, 2010) on SSRN. Here is the abstract: This article argues that the complex doctrine of judicial review...

Kende on Comparative Religious Liberty

Posted on March 04, 2010
Mark Kende (Drake University Law School) has posted Free Exercise of Religion: A Pragmatic and Comparative Assessment (University of South Dakota Law Review, Forthcoming) on SSRN. Here is the abstract: This short article analyzes the leading free exercise of religion...

Nikas on Use of Foreign Law & Public Consensus

Posted on March 03, 2010
Luke Nikas has posted Rethinking the Use of Foreign Law and Public Consensus: The U.S. Supreme Court's Inconsistent Methods for Defining Constitutional Rights (Lewis & Clark Law Review, Vol. 13, No. 4, 2009) on SSRN. Here is the abstract: The...

Noll on Aschcroft v. Iqbal

Posted on March 03, 2010
David L. Noll (New York University - School of Law) has posted The Indeterminacy of Iqbal (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract: The Supreme Court's controversial decision in Ashcroft v. Iqbal did not resolve a number...

Green on Scalia in the McDonald v. City of Chicago Oral Argument

Posted on March 03, 2010
Christopher Green of the University of Mississippi offered the followed set of quotations on a listserv: MR. GURA: We can't give a full description of all unenumerated rights that are going to be protected by the Fourteenth Amendment. JUSTICE SCALIA:...

Erichson & Zipursky on Closure & Consent in Mass Tort Litigation

Posted on March 03, 2010
Howard M. Erichson and Benjamin C. Zipursky (Fordham University - School of Law and Fordham University - School of Law) have posted Consent Versus Closure on SSRN. Here is the abstract: Claimants, defendants, courts, and counsel are understandably frustrated by...

Yin on Ashcroft v. Iqbal

Posted on March 03, 2010
Tung Yin (Lewis & Clark Law School) has posted 'I Do Not Think [Implausible] Means What You Think it Means': Ashcroft v. Iqbal and Judicial Vouching for Government Officials (Lewis & Clark Law Review, Vol. 14, p. 203, 2010) on...

Entry Level Hiring Survey 2010

Posted on March 03, 2010
Once again, it is time for the Entry Level Hiring Survey. Data will be collected by Surveymonkey. To submit a candidate, simply click on this link: Click here to take survey If you wish to submit more than one candidate,...

Barros on Possession & Biology

Posted on March 03, 2010
Benjamin Barros (Widener University - School of Law) has posted Human Behavior, Evolution, and the Law: The Case of the Biology of Possession on SSRN. Here is the abstract: Possession is a foundational idea in property law. Recent scholarship has...

Orenstein on the Confrontation Clause

Posted on March 03, 2010
Aviva Orenstein (Indiana University School of Law - Bloomington) has posted Sex, Threats, and Absent Victims: The Lessons of Regina v. Bedingfield for Modern Confrontation and Domestic Violence Cases on SSRN. Here is the abstract: In 2004, Crawford v...

Berman & Farrell on Provocation as both Excuse & Justification

Posted on March 02, 2010
Mitchell N. Berman (University of Texas School of Law) & Ian P. Farrell (The University of Texas School of Law) have posted Provocation as Partial Justification and Partial Excuse on SSRN. Here is the abstract: The partial defense of provocation...

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