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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

Roberts Concurrence in Citizens United & Stare Decisis

Posted on January 21, 2010
Justice Roberts concurrence in Citizens United, has an interesting discussion of stare decisis: "... if adherence to a precedent actually impedes the stable and orderly adjudication of future cases, its stare decisis effect is also diminished. This can happen in...

Book Announcement: Little Rock: Race and Resistance at Central High School by Anderson

Posted on January 21, 2010
Little Rock Race and Resistance at Central High School Karen Anderson To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9046.html The desegregation crisis in Little Rock is a landmark of American history: on September 4, 1957, after...

Citizens United Decided: Major Changes in Campaign Finance Laws

Posted on January 21, 2010
The opinion is here and I have provided a version for download on Legal Theory Blog: Download CitizensUnited. And finally, here is another http://electionlawblog.org/archives/cu-sct.pdflink. For analysis, check out Rick Hasen's Election Law Blog and Scotus Blog...

Drassinower on Copyright Exceptions

Posted on January 21, 2010
Abraham Drassinower (University of Toronto - Faculty of Law) has posted Exceptions Properly So-Called (LANGUES ET DROIT D'AUTEUR / LANGUAGE AND COPYRIGHT, Ysolde Gendreau, Abraham Drassinower, eds., Carswell; Bruylant, 2009) on SSRN. Here is the abstract: The paper sets out...

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Gerken on Citizens United

Posted on January 21, 2010
Here is a taste of Heather Gerken's post on Balkinization: In my view, the real significance of the case lies in what the Court said Congress can do going forward. The Court severely limited both the arguments and the types...

Randy E. Barnett (Georgetown University

Posted on January 20, 2010
Randy E. Barnett (Georgetown University Law Center) has posted Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment on SSRN. Here is the abstract: The contribution of abolitionist constitutionalism to the original public meaning of Section One of...

Ginsburg, Melton, and Elkins on the Endurance of National Constitutions

Posted on January 20, 2010
Tom Ginsburg, James Melton and Zachary Elkins (University of Chicago Law School , IMT Lucca Institute for Advanced Studies and University of Texas, Austin) have posted The Endurance of National Constitutions (Cambridge University Press, 2009) on SSRN...

Chander on International Trade LIberalization & Internet Freedom

Posted on January 20, 2010
Anupam Chander (University of California, Davis - School of Law) has posted International Trade and Internet Freedom (America Society of International Law, Vol. 102, p. 37, 2009) on SSRN. Here is the abstract: Can trade liberalization serve the cause of...

Tekle on Sex Offender Covenants

Posted on January 20, 2010
Asmara M. Tekle (Thurgood Marshall School of Law) has posted Safe: Restrictive Covenants and the Next Wave of Sex Offender Legislation (SMU Law Review) on SSRN. Here is the abstract: This Article examines the emerging phenomenon and implications of sex...

Guiora on Negotiating Implementation of Peace Agreements

Posted on January 20, 2010
Amos N. Guiora (University of Utah - S.J. Quinney College of Law) has posted Negotiating Implementation of a Peace Agreement: Lessons Learned from Five Years at the Negotiating Table (Cardozo J. Conflict Resol., Vol. 11, 2010) on SSRN. Here is...

Book Announcement: Borrowing Constitutional Designs by Skach

Posted on January 20, 2010
Borrowing Constitutional Designs Constitutional Law in Weimar Germany and the French Fifth Republic Cindy Skach To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8094.html After the collapse of communism, some thirty countries scrambled to craft democratic constitutions...

Mossoff on Epstein on Conveying Complex Innovations

Posted on January 20, 2010
Adam Mossoff (George Mason University School of Law) has posted A Simple Conveyance Rule for Complex Innovation (Tulsa Law Review, Forthcoming) on SSRN. Here is the abstract: This article, written for the Eighth Annual Legal Scholarship Symposium celebrating the work...

Ursin on Posner, Friendly, and Traynor

Posted on January 19, 2010
Edmund Ursin (University of San Diego) has posted How Great Judges Think: Judges Richard Posner, Henry Friendly, and Roger Traynor on Judicial Lawmaking (Buffalo Law Review Vol. 57, July 2009) on SSRN. Here is the abstract: In his 2008 book,...

Bennett on Native Americans and Intellectual Property Law

Posted on January 19, 2010
Philip Bennett (Florida International University College of Law) has posted Native Americans and Intellectual Property: The Necessity of Implementing Collective Ideals into Current United States Intellectual Property Laws on SSRN. Here is the abstract: Native Americans have a very distinct...

Estreicher & Weick on a Legislative Alternative to the Exclusionary Rule

Posted on January 19, 2010
Samuel Estreicher and Daniel P. Weick (New York University Law School and New York University School of Law) have posted Opting for a Legislation Alternative to the Fourth Amendment Exclusionary Rule (University of Missouri at Kansas City Law Review, Vol...

Alexander on Telepathic Law

Posted on January 19, 2010
Larry Alexander (University of San Diego School of Law) has posted Telepathic Law (Constitutional Commentary, 2010) on SSRN. Here is the abstract: In this piece I look at the debate over constitutional interpretation between originalists and their textualist and nonoriginalist...

Anand & Green on Game Theory & Securities Regulation Reform in Canada

Posted on January 19, 2010
Anita I. Anand and Andrew James Green (University of Toronto - Faculty of Law and University of Toronto - Faculty of Law) have posted Why is this Taking so Long? The Move Towards a National Securities Regulator (University of Toronto...

Peabody on Religion & Constitutional Interpretation

Posted on January 19, 2010
Bruce Peabody (Fairleigh Dickinson University at Madison) has posted Analogize This: Partial Constitutional Text, Religion, and Maintaining Our Political Order (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: In this essay, I respond to a debate between Geoffrey...

Alexander on the Functions of Constitutions

Posted on January 18, 2010
Larry Alexander (University of San Diego School of Law) has posted What are Constitutions, and What Should (and Can) They Do? (Social Philosophy & Policy, Vol. 28, 2010) on SSRN. Here is the abstract: A constitution is, as Article VI...

Dagan on Carruthers & Anderson on Commodification

Posted on January 18, 2010
Tsilly Dagan (Bar-Ilan University - Faculty of Law) has posted Commodification Without Money on SSRN. Here is the abstract: The classic commodification critique associates commodification with the introduction of money, or at least with the introduction of markets into relationships,...

Dane on Choice of Law & Legal Theory

Posted on January 18, 2010
Perry Dane (Rutgers School of Law - Camden) has posted Conflict of Laws (BLACKWELL COMPANION TO PHILOSOPHY OF LAW AND LEGAL THEORY, Dennis Patterson, ed., Blackwell, Chapter 12, 2010) on SSRN. Here is the abstract: This essay on choice of...

Cyr on Sovereignty & Federalism

Posted on January 18, 2010
Hugo Cyr (University of Quebec at Montreal) has posted The Unfitness of the Concept of Sovereignty to Understand Federalism on SSRN. Here is the abstract: Since Jean Bodin, "sovereignty" has been taken as the defining feature of the State. Nonetheless,...

Riles on Hope & Law

Posted on January 18, 2010
Annelise Riles (Cornell University - School of Law) has posted Is the Law Hopeful? (HOPE IN THE ECONOMY, Hirokazu Miyazaki, Richard Swedberg, eds., 2010) on SSRN. Here is the abstract: This essay asks what legal studies can contribute to the...

Legal Theory Bookworm

Posted on January 17, 2010
The Legal Theory Bookworm recommends Rhetoric and The Rule of Law: A Theory of Legal Reasoning (Law, State, and Practical Reason on SSRN. Here is the abstract:When cases come before courts can we predict the outcome? Is legal reasoning rationally...

Download of the Week

Posted on January 17, 2010
The Download of the Week is The Sincerity of Public Reason by Micah Schwartzman. Here is the abstract: An important objection to the idea of public reason is that it permits and perhaps encourages citizens and public officials to give...

Legal Theory Lexicon: The Attitudinal Model and the New Institutionalism

Posted on January 17, 2010
Introduction The legal academy is not the only locus for serious study of the law. Legal phenomena are examined in a variety of other disciplines?ranging from philosophy and sociology to history and anthropology, but political science (or ?politics? or ?government?)...

Kammerhofer on Kelsen & International Legal Theory

Posted on January 15, 2010
J�rg Kammerhofer (University of Erlangen-Nuremberg, Department of Law) has posted Hans Kelsen?s Place in International Legal Theory (RESEARCH HANDBOOK IN INTERNATIONAL LEGAL THEORY, Alexander Orakhelashvili, ed., Forthcoming) on SSRN. Here is the abstract: This paper seeks to apply the Pure...

Epstein on Guggenheim v. City of Goleta

Posted on January 15, 2010
Richard A. Epstein (University of Chicago - Law School) has posted Takings Law Made Hard (Regulation, Winter 2009-2010) on SSRN. Here is the abstract: The novel opinion of Ninth Circuit Judge Jay Bybee in Guggenheim v. City of Goleta could...

Sarfaty on the World Bank & Human Rights

Posted on January 15, 2010
Galit A. Sarfaty (The Wharton School, University of Pennsylvania) has posted Why Culture Matters in International Institutions: The Marginality of Human Rights at the World Bank (American Journal of International Law, Vol. 103, pp. 647-683, 2009) on SSRN...

Shrestha on Patent Trolls

Posted on January 15, 2010
Sannu K. Shrestha (Columbia University - Law School) has posted Trolls or Market-Makers? An Empirical Analysis of Nonpracticing Entities (Columbia Law Review, Vol. 110, p. 114, 2010) on SSRN. Here is the abstract: Nonpracticing entities (NPEs) are firms that rarely...

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