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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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Pease on Genetically Modified Organism Disputes

Posted on February 02, 2010
Craig M. Pease (Vermont Law School) has posted A Tale of Two GM Organism Cases (Environmental Forum, Forthcoming) on SSRN. Here is the abstract: The scientific and economic disputes at the heart of Geertson Seed Farms v. Johanns and (In...


Craig on Standing & Environmental Law

Posted on February 01, 2010
Robin Kundis Craig (Florida State University - College of Law) has posted Standing and Environmental Law: An Overview on SSRN. Here is the abstract: Standing has long been one of the most common constitutional challenges in federal environmental cases...


Vischer on Conscience & the Common Good

Posted on February 01, 2010
Robert K. Vischer (University of St. Thomas, St. Paul/Minneapolis, MN - School of Law) has posted Conscience and the Common Good (Journal of Catholic Legal Studies, 2010) on SSRN. Here is the abstract: Our longstanding commitment to the liberty of...


Sandurski on Judicial Review in Central and Eastern Europe

Posted on February 01, 2010
Wojciech Sadurski (University of Sydney-Faculty of Law) has posted Judicial Review in Central and Eastern Europe: Rationales or Rationalizations? (Israel Law Review, Vol. 42, No. 3, pp. 500-527, 2010) on SSRN. Here is the abstract: Constitutional judicial review in Central...


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Burch on Tidmarsh on Adequacy of Representation

Posted on February 01, 2010
Elizabeth Chamblee Burch (Florida State University - College of Law) has posted Procedural Adequacy (Texas Law Review, Forthcoming, FSU College of Law, Public Law Research) on SSRN. Here is the abstract: This short piece responds to Jay Tidmarsh?s article, Rethinking...


Delahunty & Yoo on Democratic Peace

Posted on February 01, 2010
Robert J. Delahunty and John Yoo (University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law) have posted Kant, Habermas and Democratic Peace (Chicago Journal of International Law, 2010) on SSRN. Here is...


Legal Theory Lexicon: The Counter-Majoritarian Difficulty

Posted on January 31, 2010
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. The phrase is attributed to Alexander Bickel?a Yale Law School Professor?who is said to have introduced it in his famous book The Least Dangerous Branch...


Legal Theory Bookworm

Posted on January 30, 2010
The Legal Theory Bookworm recommends From Disgust to Humanity: Sexual Orientation and Constitutional Law by Martha C. Nussbaum. Here is the abstract: A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker,...


Download of the Week

Posted on January 30, 2010
Yair Listokin (Yale Law School) has posted Bayesian Contractual Interpretation (Journal of Legal Studies, Forthcoming) on SSRN. Here is the abstract: Courts seeking the most likely intent of contracting parties should interpret contracts according to Bayes? Rule...


Zick on Property & Constitutional Settlement

Posted on January 29, 2010
Timothy Zick (William & Mary Law School) has posted Property As/And Constitutional Settlement (Northwestern University Law Review, Vol. 104, 2010) on SSRN. Here is the abstract: This Article addresses the extent to which public officials can or should attempt to...


Zumbansen on Transnational Legal Pluiralism

Posted on January 29, 2010
Peer Zumbansen (York University - Osgoode Hall Law School) has posted Transnational Legal Pluralism on SSRN. Here is the abstract: This paper draws out the analogies and connections between long-standing legal sociological insights into pluralistic legal orders and present concerns...


Hill on New Corp's Migration to Delaware

Posted on January 29, 2010
Jennifer G. Hill (University of Sydney - Faculty of Law) has posted Subverting Shareholder Rights: Lessons from News Corp.'s Migration to Delaware (Vanderbilt Law Review, Vol. 63, 2010) on SSRN. Here is the abstract: This Article critically analyzes News Corp...


Brummer on International Financial Law

Posted on January 29, 2010
Chris Brummer (Georgetown University Law Center) has posted How International Financial Law Works (and How it Doesn't) on SSRN. Here is the abstract: The ?Great Recession? has given way to a dizzying array of international agreements aimed at strengthening the...


Del Mar on Marmor on Social Conventions

Posted on January 29, 2010
Maksymilian T. Del Mar (Faculty of Social and Political Sciences, University of Lausanne) has posted Marmor's Social Conventions: The Limits of Practical Reason (Philosophy of the Social Sciences, Forthcoming) on SSRN. Here is the abstract: This essay argues that the...


DiMento on Hume on Climate Change

Posted on January 29, 2010
Joseph F. DiMento (University of California, Irvine) has posted Book Review - Mike Hume, Why We Disagree About Climate Change: Understanding Controversy, Inaction and Opportunity (Global Environmental Politics, Vol. 10, No. 1, 2010) on SSRN. Here is the abstract: ?Why...


Rubinstein on Privacy in Public Sector Labor Law & Policy

Posted on January 29, 2010
Mitchell H. Rubinstein (New York Law School) has posted Privacy Legal Issues in the Public Sector (PROCEEDINGS OF THE NEW YORK UNIVERSITY 58TH ANNUAL CONFERENCE ON LABOR, Chapter 18, pp. 629-669, Jonathan Remy Nash, Samuel Estreicher, eds., Wolters Kluwer, 2010)...


Wittes, Chesney, & Benhalim on the Law of Detention

Posted on January 28, 2010
Benjamin Wittes, Robert Chesney and Rabea Benhalim (University of Texas School of Law and Brookings Institution) have posted The Emerging Law of Detention: The Guantanamo Cases as Lawmaking on SSRN. Here is the abstract: President Obama?s decision not to seek...


Kopel & Cramer on State Constitutional Standards of Review for the Right to Bear Arms

Posted on January 28, 2010
David B. Kopel and Clayton E. Cramer (Independence Institute and College of Western Idaho) have posted State Court Standards of Review for the Right to Keep and Bear Arms (Santa Clara Law Review, Vol. 50, pp. 1-110, 2010) on SSRN....


Weatherill on Interpretation of Article 94 of the EC Treaty

Posted on January 28, 2010
Stephen Weatherill (University of Oxford - Faculty of Law) has posted Interpretation of the Directives: The Role of the Court on SSRN. Here is the abstract: Article 94 EC and ? of primary significance today ? Article 95 EC envisage...


Conference Announcement: Election Law at UCLA

Posted on January 28, 2010
Tomorrow, January 29, UCLA School of Law is hosting a conference on election law in honor of Dan Lowenstein, who is retiring from the law school. Dan is considered the founder of the election law field and one of its...


Peerenboom on Constitutionalism in China

Posted on January 28, 2010
Randall Peerenboom (La Trobe University, Faculty of Law and Management) has posted The Social Foundations of China's Living Constitution on SSRN. Here is the abstract: The article examines the social foundations of constitutionalism in China, focusing on constitutions as a...


Dershowitz on the Goldstone Report

Posted on January 28, 2010
Alan Dershowitz (Harvard Law School) has posted The Case Against the Goldstone Report: A Study in Evidentiary Bias on SSRN. Here is the abstract: The Goldstone Report, when read in full and in context, is much worse than most of...


Delgado on the Origins of Critical Race Theory

Posted on January 28, 2010
Richard Delgado (Seattle University School of Law) has posted Liberal McCarthyism and the Origins of Critical Race Theory (Iowa Law Review, Vol. 94, p. 1505, 2009) on SSRN. Here is the abstract: I wrote this piece exploring some of the...


McLaughlin & Weeks on Conservation Easements

Posted on January 28, 2010
Nancy A. McLaughlin and W. William Weeks (University of Utah S.J. Quinney College of Law and Indiana University School of Law-Bloomington) has posted Hicks v. Dowd, Conservation Easements, and the Charitable Trust Doctrine: Setting the Record Straight (Wyoming Law Review,...


Davis & Rosenberg on the Structure of Free Speech Doctrine

Posted on January 27, 2010
Joshua P. Davis and Joshua D. Rosenberg (University of San Francisco - School of Law and University of San Francisco School of Law) have posted The Inherent Structure of Free Speech Law on SSRN. Here is the abstract: To date...


Lessig on the Google Book Settlement

Posted on January 27, 2010
Larry Lessig has a thoughtful analysis of the Google Book Settlement on TNR.


Vermeule on Intermittent Institutions

Posted on January 27, 2010
Adrian Vermeule (Harvard University - Harvard Law School) has posted Intermittent Institutions on SSRN. Here is the abstract: Standing institutions have continuous existence: examples include the United Nations, the British Parliament, the U.S. presidency, the standing committees of the U...


Hashmall on Regulating "Too Big to Fail" Financial Institutions

Posted on January 27, 2010
Alison Hashmall (New York University - School of Law) has posted After the Fall: A New Framework to Regulate 'Too Big to Fail' Non-Bank Financial Institutions (New York University Law Review, Forthcoming) on SSRN. Here is the abstract: The goal...


Grant on the Valley Club of Huntington Valley Incident

Posted on January 27, 2010
Joseph Karl Grant (Capital University School of Law) has posted The Valley Club of Huntingdon Valley Discrimination Controversary: The Racial, Economic, and Legal Implications for African-Americans and Latinos (Widener Journal of Law, Economics & Race, Forthcoming) on SSRN...


John Yoo on Calabresi & Christopher Yoo on the Unitary Executive

Posted on January 27, 2010
John Yoo (University of California at Berkeley School of Law) has posted Unitary, Executive, or Both? (University of Chicago Law Review, Vol. 76, 2009) on SSRN. Here is the abstract: This essay argues that the ?unitary executive? of the American...


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