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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

Shin on Causal & Evaluative Studies of Judging

Posted on February 18, 2010
Patrick S. Shin (Suffolk University Law School) has posted Distinguishing Causal and Normative Questions in Empirical Studies of Judging (Duke Law Journal (online volume), Forthcoming) on SSRN. Here is the abstract: In this essay, I raise a meta-theoretical question concerning...

Ruhl & Salzman on Historic Baselines

Posted on February 18, 2010
J. B. Ruhl and James Salzman (Florida State University College of Law and Duke University - School of Law) have posted Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State on SSRN. Here is the...

DiCola on FCC Radio Ownership Regulation

Posted on February 18, 2010
Peter DiCola (Northwestern University School of Law) has posted FCC Regulation and Increased Ownership Concentration in the Radio Industry on SSRN. Here is the abstract: In 1996, Congress increased the limits on how many radio stations one firm can own...

Egerman on the Confrontation Clause & Domestic Violence

Posted on February 18, 2010
Mark Egerman (Georgetown University Law Center) has posted Avoiding Confrontation on SSRN. Here is the abstract: This article takes seriously Justice Scalia?s facetious aside in Giles v. California and examines whether there should be a separate confrontation doctrine for domestic...

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Wenger on the Senate Apology for Slavery

Posted on February 17, 2010
Kaimipono David Wenger (Thomas Jefferson School of Law) has posted Apology Lite: Truths, Doubts, and Reconciliations in the Senate's Guarded Apology for Slavery (Connecticut Law Review CONNtemplations, Vol. 42, p. 1, 2009) on SSRN. Here is the abstract: This Essay...

Birnhack on Copyright in Mandate Palestine

Posted on February 17, 2010
Michael Birnhack (Buchmann Faculty of Law, Tel Aviv University) has posted Hebrew Authors and English Copyright Law in Mandate Palestine (Theoretical Inquiries in Law, Vol. 12, No. 1, 2011) on SSRN. Here is the abstract: This article (re)tells the as...

Bernstein on Tort Law, Distributive Justice, and Sociolegal Scholarship

Posted on February 17, 2010
Anita Bernstein (Brooklyn Law School) has posted Distributive Justice Through Tort (And Why Sociolegal Scholars Should Care) (Law of Social Inquiry, Vol. 35, No. 2, 2010) on SSRN. Here is the abstract: Drawing on two books central to an emerging...

DeGirolami on Nussbaum on Liberty of Conscience & Equal Respect

Posted on February 17, 2010
Marc O. DeGirolami (St. John's University School of Law) has posted No Tears for Creon (Legal Theory, Forthcoming) on SSRN. Here is the abstract: This essay critiques Professor Martha Nussbaum?s book, LIBERTY OF CONSCIENCE: IN DEFENSE OF AMERICA?S TRADITION OF...

Torres-Spelliscy on Citizens United v. FEC

Posted on February 17, 2010
Ciara Torres-Spelliscy (Brennan Center for Justice) has posted Corporate Campaign Spending: Giving Shareholders a Voice on SSRN. Here is the abstract: The Supreme Court has radically altered the legal landscape for politics with the 5-4 decision in the case Citizens...

Arnow-Richman on Employment Termination Law

Posted on February 17, 2010
Rachel S. Arnow-Richman (University of Denver Sturm College of Law) has posted Just Notice: Re-Reforming Employment At-Will for the 21st Century on SSRN. Here is the abstract: This Article proposes a fundamental shift in the movement to reform employment termination...

Fox-Decent & Criddle on the Fiduciary Constitution of Human Rights

Posted on February 16, 2010
Evan Fox-Decent and Evan J. Criddle (McGill University - Faculty of Law and Syracuse University College of Law) have posted The Fiduciary Constitution of Human Rights (Legal Theory Forthcoming 2010) on SSRN. Here is the abstract: The authors argue that...

Waterhouse on the Path to Reparations

Posted on February 16, 2010
Carlton Waterhouse (Florida International University - College of Law) has posted Follow the Yellow Brick Road: Perusing the Path to Constitutionally Permissible Reparations for Slavery and Jim Crow Era Governmental Discrimination (Rutgers Law Review, Vol...

Balkin on Commerce

Posted on February 16, 2010
Jack M. Balkin (Yale University - Law School) has posted Commerce on SSRN. Here is the abstract: This article applies the method of text and principle to an important problem in constitutional interpretation: the constitutional legitimacy of the modern regulatory...

Weber on Capital Adequacy Regulation

Posted on February 16, 2010
Robert F. Weber (Loyola University New Orleans - School of Law) has posted New Governance, Financial Regulation, and Challenges to Legitimacy: The Example of the Internal Models Approach to Capital Adequacy Regulation on SSRN. Here is the abstract: In the...

Brubaker & Tabb on the Chrysler & GM Bankruptcies

Posted on February 16, 2010
Ralph Brubaker and Charles Jordan Tabb (University of Illinois College of Law and University of Illinois at Urbana-Champaign College of Law) have posted Bankruptcy Reorganizations and the Troubling Legacy of Chrysler and GM on SSRN. Here is the abstract: The...

Wallin on Hittinger on Finnis on Incommensurable Basic Goods

Posted on February 16, 2010
Alex E. Wallin (The Norman Adrian Wiggins School of Law at Campbell University) has posted John Finnis? Natural Law Theory and a Critique of the Incommensurable Nature of Basic Goods on SSRN. Here is the abstract: Can a list of...

Taslitz on Smith on Search & Seizure HIstory

Posted on February 15, 2010
Andrew E. Taslitz (Howard University - School of Law) has posted Search and Seizure History as Conversation: A Reply to Bruce P. Smith (Ohio State Journal of Criminal Law, Vol. 6, No. 765, 2009) on SSRN. Here is the abstract:...

David Leonard

Posted on February 15, 2010
It is with great sadness that I pass on the news of David Leonard's passing. David was a colleague for many years and I considered him a dear friend. He was a consumate scholar of evidence law--and I have fond...

Burch on the ALI "Principles of the Law of Aggregate Litigation"

Posted on February 15, 2010
Elizabeth Chamblee Burch (Florida State University - College of Law) has posted Group Consensus, Individual Consent on SSRN. Here is the abstract: Despite a rise in the number of personal-injury and product-liability cases consolidated through multi-district litigation, a decline in...

Interpretation and Construction: Part I, Construction and Vagueness

Posted on February 15, 2010
Introduction As frequent readers of Legal Theory Blog already know, I believe that the legal and theoretical distinction between interpretation and construction is an important one. Although these words can be used as synonyms, "interpretation" is also used to refer...

Sims & Dalal on Workplace Discrimination as a Psychological Construct

Posted on February 15, 2010
Carra Sims and Reeshad S. Dalal (University of Illinois at Urbana-Champaign - Department of Psychology and George Mason University - Department of Psychology) have posted Defining Generalized Workplace Discrimination on SSRN. Here is the abstract: Typically, workplace discrimination is approached...

Nicolas on Crawford v. Washington & Unavailable Witnesses

Posted on February 15, 2010
Peter Nicolas (University of Washington School of Law) has posted But What If the Court Reporter is Lying? The Right to Confront Hidden Declarants Found in Transcripts of Former Testimony on SSRN. Here is the abstract: In Crawford v. Washington,...

Rothstein on Unintended Consequences & Health Insurance Reform

Posted on February 15, 2010
Mark A. Rothstein (University of Louisville - Institute for Bioethics, Health Policy, and Law) has posted Health Insurance Reforms: Unintended Consequences (The Hastings Center Bioethics Forum, Forthcoming) on SSRN. Here is the abstract: With comprehensive health reform stalled, there is...

Legal Theory Lexicon: Distributive Justice

Posted on February 14, 2010
Introduction Distributive justice is one of the central topics of political philosophy and plays a key role in contemporary debates about normative legal theory. Should contract law take distributive consequences into account? Should tort law aim at "risk spreading"? Should...

Cohen on Wartime Cases & the Lessons of History

Posted on February 13, 2010
Harlan Grant Cohen (University of Georgia School of Law) has posted 'Undead' Wartime Cases: Stare Decisis and the Lessons of History (Tulane Law Review, Vol. 84, 2010) on SSRN. Here is the abstract: References to the ?lessons of history? are...

Legal Theory Bookworm

Posted on February 13, 2010
The Legal Theory Bookworm recommends Constitutional Engagement in a Transnational Era by Vicki Jackson. Here is the abstract: Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary...

Download of the Week

Posted on February 13, 2010
The Download of the Week is Cultural Cognition of Scientific Consensus by Dan M. Kahan, Hank Jenkins-Smith and Donald Braman. Here is the abstract: Why do members of the public disagree - sharply and persistently - about facts on which...

Pildes on Political Parties & Comparative Constitutionalism

Posted on February 12, 2010
Richard H. Pildes (New York University School of Law) has posted Political Parties and Constitutionalism (RESEARCH HANDBOOK IN COMPARATIVE CONSTITUTIONAL LAW, Rrosalind Dixon, Tom Ginsburg, eds., Forthcoming) on SSRN. Here is the abstract: This exercise in comparative constitutionalism surveys how...

Saito on American Exceptionalism & the War on Terror

Posted on February 12, 2010
Natsu Taylor Saito (Georgia State University College of Law) has posted Colonial Presumptions: The War on Terror and the Roots of American Exceptionalism (Georgetown Journal of Law and Modern Critical Race Perspectives, Vol. 1, p. 67, 2009) on SSRN. Here...

Ross on Supreme Court Justices as Presidential Candidates

Posted on February 12, 2010
William G. Ross (Samford University - Cumberland School of Law) has posted The Presidential Aspirations of U.S. Supreme Court Justices: A History and a Cautionary Tale on SSRN. Here is the abstract: A remarkably large number of U.S. Supreme Court...

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