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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

Dubber on Treason

Posted on December 28, 2009
Markus D. Dubber (University of Toronto - Faculty of Law) has posted The State as Victim: Treason and the Paradox of American Criminal Law on SSRN. Here is the abstract: The American law of treason has remained unchanged since the...

Black on the Rationale for Shareholder Voting Rights

Posted on December 28, 2009
Bernard S. Black (Northwestern University - School of Law) has posted Corporate Law and Residual Claimants (Partial Draft) on SSRN. Here is the abstract: This is a partial draft of a long-delayed project. I posted it because of continued interest...

Feldman & Stein on Assumption of Risk

Posted on December 28, 2009
Eric A. Feldman and Alison I. Stein (University of Pennsylvania Law School and United States Court of Appeals for the Third Circuit) has posted Assuming the Risk: Tort Law, Policy, and Politics on the Slippery Slopes (DePaul Law Review, Forthcoming)....

Legal Theory Lexicon: Consent

Posted on December 27, 2009
Introduction Most law students begin realize that consent is a powerful legal and moral concept early in the first year of law school. A physical blow to the person is a battery?unless the blow was landed in a boxing match,...

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Legal Theory Bookworm

Posted on December 26, 2009
The Legal Theory Bookworm recommends Morality in the Philosophy of Thomas Hobbes: Cases in the Law of Nature by Sharon Lloyd. Here is a description: In this book, S. A. Lloyd offers a radically new interpretation of Hobbes's laws of...

Download of the Week

Posted on December 26, 2009
The Download of the Week is McDonald v. Chicago, the Meaning-Application Distinction, and 'Of' in the Privileges or Immunities Clause by Christopher R. Green. Here is the abstract: While many scholars have made originalism-based suggestions for the overruling of the...

Brandts & Charness on Labor Markets & Gift Exchange

Posted on December 25, 2009
Jordi Brandts and Gary Charness (Instituto de Analisis Economico (CSIC) Barcelona and University of California, Santa Barbara - Department of Economics) have posted Do Labour Market Conditions Affect Gift Exchange? Some Experimental Evidence on SSRN. Here is the abstract: We...

Kaplan & Ruffle on Search Costs & Gift Giving

Posted on December 25, 2009
Todd R. Kaplan and Bradley J. Ruffle (University of Exeter - Department of Economics and Ben-Gurion University of the Negev - Department of Economics) have posted Here's Something You Never Asked For, Didn't Know Existed, and Can't Easily Obtain: A...

van de Ven on the Economics of Gifts

Posted on December 25, 2009
Jeroen van de Ven (University of Amsterdam) has posted The Economics Of The Gift on SSRN. Here is the abstract: the past, gift-giving has interested mainly anthropologists because it was taken to be a primitive mode of exchange. Recent contributions....

Velleman on the Gift of Life

Posted on December 25, 2009
J. David Velleman (New York University - Department of Philosophy) has posted The Gift of Life on SSRN. Here is the abstract: This is the first of three papers on questions of identity, existence, and nonexistence. (The other two are...

Trhal & Radermacher on Gift Giving & Self-Inflicted Neediness

Posted on December 25, 2009
Nadja Trhal and Ralf Radermacher (University of Cologne and Micro Insurance Academy) have posted Bad Luck vs. Self-Inflicted Neediness - An Experimental Investigation of Gift Giving in a Solidarity Game (Journal of Economic Psychology, Vol. 30, 2009) on SSRN...

Joulfaian on the Gift Tax

Posted on December 25, 2009
David Joulfaian (U.S. Department of the Treasury) has posted The Federal Gift Tax: History, Law, and Economics on SSRN. Here is the abstract: The gift tax was first enacted in 1924, repealed in 1926, overhauled and reintroduced in 1932. At...

Honig on Antigone & Humanism

Posted on December 24, 2009
Bonnie Honig (American Bar Foundation) has posted Antigone?s Two Laws: Greek Tragedy and the Future of Humanism on SSRN. Here is the abstract: In Sophocles' Antigone there is one speech that attracts the ire and admiration of critics. In what...

Schwartz on Friedman & Solove on Privacy

Posted on December 24, 2009
Paul M. Schwartz (UC Berkeley School of Law) has posted From Victorian Secrets to Cyberspace Shaming (University of Chicago Law Review, Vol. 76, p. 1407, 2009) on SSRN. Here is the abstract: Worrying about privacy is a growth industry. The...

Chen on the Internalization of Constitutional Law in Hong Kong

Posted on December 24, 2009
Albert H.Y. Chen (Faculty of Law, University of Hong Kong) has posted International Human Rights Law and Domestic Constitutional Law: Internationalisation of Constitutional Law in Hong Kong on SSRN. Here is the abstract: The case of Hong Kong, a former...

Kerr on the Computer Fraud & Abuse Act

Posted on December 24, 2009
Orin S. Kerr (George Washington University - Law School) has posted Vagueness Challenges to the Computer Fraud and Abuse Act (Minnesota Law Review, 2010) on SSRN. Here is the abstract: This Article argues that the void for vagueness doctrine requires...

Mutua on Rights Discourse & Africa

Posted on December 24, 2009
Makau W. Mutua (University at Buffalo Law School, SUNY) has posted The Transformation of Africa - A Critique of the Rights Discourse (HUMAN RIGHTS AND DIVERSITY: INTERNATIONAL HUMAN RIGHTS LAW IN A GLOBAL CONTEXT, Eduardo J. Ruiz Vieytez, Koen de...

Atiram on Collective Bargaining & Collective Action

Posted on December 24, 2009
Barak Atiram (Tel Aviv University) has posted Freeloaders and Blind Riders: Collective Bargaining & the Challenge of Conscious Collaboration on SSRN. Here is the abstract: When the products of collective actions, organized by government agencies or private players, are non-excludable,...

Malbon on Kirby on Judicial Policy Norms

Posted on December 24, 2009
Justin Malbon (Monash University - Faculty of Law) has posted Judicial Values (APPEALING TO THE FUTURE: MICHAEL KIRBY AND HIS LEGACY, pp. 579-606, Thomson Reuters, 2009) on SSRN. Here is the abstract: This chapter examines the application of judicial values,...

Glennon on the Crime of Aggression

Posted on December 23, 2009
Michael J. Glennon (Tufts University - The Fletcher School) has posted The Blank-Prose Crime of Aggression (Yale Journal of International Law, Vol. 35, p. 71, 2010) on SSRN. Here is the abstract: A review conference to be convened in May,...

Garoupa & Ginsburg on Reputation & Judicial Organization

Posted on December 23, 2009
Nuno Garoupa and Tom Ginsburg (University of Illinois College of Law and University of Chicago Law School) have posted Reputation, Information and the Organization of the Judiciary (Journal of Comparative Law, Forthcoming) on SSRN. Here is the abstract: The reputation...

Weeks on "Populations, Public Health, and the Law"

Posted on December 23, 2009
Elizabeth Weeks Leonard (University of Kansas - School of Law) has posted Book Review: Populations, Public Health, and the Law (Journal of Legal Medicine, Vol. 30, No. 3, 2009, POPULATIONS, PUBLIC HEALTH, AND THE LAW, Wendy E. Parmet, ed., Georgetown...

Fontana on Comparative Constitutional Law Scholarship

Posted on December 23, 2009
David Fontana (George Washington University Law School) has posted The Imperialism of American Constitutional Law (American Journal of Comparative Law, Vol. 56, p. 1085, 2008) on SSRN. Here is the abstract: This Book Review examines the ways in which comparative...

Grant on Gramm-Leach-Biley & the Capital Market Crisis

Posted on December 23, 2009
Joseph Karl Grant (Capital University School of Law) has posted What the Financial Services Industry Puts Together Let No Person Put Asunder: How the Financial Services Modernization Act of 1999 - The Gramm-Leach-Bliley Act - Contributed to the 2008-2009 American...

Friedman on Liberty, Privacy, & the Political Question Doctrine

Posted on December 23, 2009
Lawrence Friedman (New England School of Law) has posted Liberty and Privacy Interests through the Political Question Lens (Temple Political & Civil Rights Law Review, Vol. 19, p. 189, 2009) on SSRN. Here is the abstract: That liberty and privacy...

Fontana on Political Party Leadershp

Posted on December 22, 2009
David Fontana (George Washington University Law School) has posted The Permanent and Presidential Transition Models of Political Party Policy Leadership (Northwestern University Law Review Colloquy, Vol. 103, p. 393, 2009) on SSRN. Here is the abstract: This Article examines the...

Cohen on Contract & Fault

Posted on December 22, 2009
George M. Cohen (University of Virginia School of Law) has posted The Fault that Lies within Our Contract Lawn (Michigan Law Review, Vol. 107, 2009) on SSRN. Here is the abstract: cholars and courts typically describe and defend American contract...

Pace on Habeas & Guantanamo

Posted on December 22, 2009
Joseph Pace has posted Suspending the Writ at Guantanamo: Take III? (Yale Law Journal, Vol. 119, 2010) on SSRN. Here is the abstract: Under recently enacted appropriations laws, whenever the President wishes to transfer a detainee from Guantanamo Bay to...

Grace on Criminal ADR

Posted on December 22, 2009
Maggie T. Grace (University of Maryland - School of Law) has posted Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, and Renewing Public Norms (Vermont Law Review, Vol. 34, April 2010) on SSRN. Here is the abstract: This Article explores...

Curtin, Bowens, & Hart on the EU Accountability Deficit

Posted on December 22, 2009
Deirdre Curtin, Mark Bovens and Paul 't Hart (Amsterdam Centre for European Law and Governance , University of Utrecht - Utrecht School of Governance) have posted The EU?s Accountability Deficit: Reality or Myth? (WHAT DEFICIT? THE REAL WORLD OF EU...

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