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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

Nollkaemper on Secondary Rules of International Law

Posted on December 04, 2009
Andre Nollkaemper (University of Amsterdam - Amsterdam Center for International Law) has posted The Power of Secondary Rules of International Law to Connect the International and the National Legal Orders (MULTI-SOURCED EQUIVALENT NORMS, Y. Shany, et...

Cahn on Gender & Conflict

Posted on December 04, 2009
Naomi Cahn (George Washington University - Law School) has posted Gender, Masculinities and Transition in Conflicted Societies (New England Law Review, 2010) on SSRN. Here is the abstract: This article uses a gender lens to explore how conflict affects men...

Meyerson on Religious Rights Under Australian Law

Posted on December 04, 2009
Denise Meyerson (Macquarie University - Macquarie Law School) has posted The Protection of Religious Rights Under Australian Law (BYU Law Review, Forthcoming) on SSRN. Here is the abstract: In 1998, Australia?s Human Rights and Equal Opportunity Commission (?HREOC?) issued a...

Hesselink on the the Principles in Common Frame of Reference for European Private Law

Posted on December 03, 2009
Martijn W. Hesselink (University of Amsterdam - Centre for the Study of European Contract Law) has posted 'If You Don?t Like our Principles We Have Others'; On Core Values and Underlying Principles in European Private Law: A Critical Discussion of...

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Congleton on Tullock on Constitutional Political Economy

Posted on December 03, 2009
Roger D. Congleton (George Mason University - Center for Study of Public Choice) has posted The Constitutional Political Economy of Gordon Tullock on SSRN. Here is the abstract: This review essay focuses on the subset of Gordon Tullock?s research that...

Levenson on Prosecutorial Soundbytes

Posted on December 03, 2009
Laurie L. Levenson (Loyola Law School Los Angeles) has posted Prosecutorial Soundbites: When Do They Cross the Line? (Georgia Law Review, Forthcoming) on SSRN. Here is the abstract: Even good prosecutors can cross the line with media soundbites. Especially in...

Fineman on Children's Interests & Schools

Posted on December 03, 2009
Martha Albertson Fineman (Emory University - School of Law) has posted Taking Children?s Interests Seriously (WHAT IS RIGHT FOR CHILDREN: THE COMPETING PARADIGMS OF RELIGION AND HUMAN RIGHTS, M.A. Fineman and K. Worthington, eds., Ashgate, 2009) on SSRN...

Fineman on Gender & Equality

Posted on December 03, 2009
Martha Albertson Fineman (Emory University - School of Law) has posted Evolving Images of Gender and Equality: A Feminist Journey (New England Law Review, Vol. 43) on SSRN. Here is the abstract: This chapter, which will be included in Transcending...

Finkelman on the Taney Court

Posted on December 03, 2009
Paul Finkelman (Albany Law School - Government Law Center) has posted The Taney Court, 1836-1864: The Jurisprudence of Slavery and the Crisis of the Union (THE UNITED STATES SUPREME COURT: THE PURSUIT OF JUSTICE, Christopher Tomlins, ed., pp. 75-99, Houghton...

Christensen on McDowell on Virtue Ethics

Posted on December 03, 2009
Anne-Marie S. Christensen has posted Getting It Right in Ethical Experience: John McDowell and Virtue Ethics (Journal of Value Inquiry) on PhilPapers. Here is an excerpt from the paper: Most forms of virtue ethics are characterized by two attractive features...

Walker on Justice Powell & Diversity

Posted on December 02, 2009
Anders Walker (Saint Louis University School of Law) has posted Diversity's Strange Career: Recovering the Racial Pluralism of Lewis F. Powell, Jr. (Santa Clara Law Review, Forthcoming) on SSRN. Here is the abstract: Though diversity remains a compelling state interest,...

Book Announcement: Legislating the War on Terror edited by Wittes

Posted on December 02, 2009
Legislating the War on Terror: An Agenda for Reform WASHINGTON, D.C.?The attacks of 9/11 and subsequent American actions irrevocably changed the political, military and legal landscapes of U.S. national security. Terrorists threw out the old rules of war but the...

Parry on Extradition & the Rule of Non-Inquiry

Posted on December 02, 2009
John T. Parry (Lewis & Clark Law School) has posted International Extradition, the Rule of Non-Inquiry, and the Problem of Sovereignty on SSRN. Here is the abstract: The law of international extradition in the United States rests on a series...

Mikhail on Cotterrell on Law & Multiculturalism

Posted on December 02, 2009
John Mikhail (Georgetown University - Law Center) has posted Dilemmas of Cultural Legality: A Comment on Roger Cotterrell's 'The Struggle for Law' and a Criticism of the House of Lords' Opinions in Begum (International Journal of Law in Context, Vol....

Davies on Giles v. California

Posted on December 02, 2009
Thomas Y. Davies (University of Tennessee College of Law) has posted Selective Originalism: Sorting Out Which Aspects of Gile's Forfeiture Exception to Confrontation Were or Were Not 'Established at the Time of the Founding' (Lewis &. Clark Law Review, Vol...

Roche on Coherentism & Witness Agreement

Posted on December 02, 2009
William A. Roche has posted Coherentism, Truth, and Witness Agreement (forthcoming Acta Analytica) on SSRN. Here is the abstract: Coherentists on epistemic justification claim that all justification is inferential, and that beliefs, when justified, get their justification together (not in...

Monopoli on ERISA & Spousal Wealth

Posted on December 02, 2009
Paula A. Monopoli (University of Maryland School of Law) has posted Marriage, Property and [In]Equality: Remedying Erisa's Disparate Impact on Spousal Wealth (Yale Law Journal Online, Vol. 119, pp. 61-65, November 4, 2009) on SSRN. Here is the abstract: Congress...

Aynes on Campbell v. Morris & Privileges and Immunities

Posted on December 02, 2009
Richard L. Aynes (The University of Akron School of Law) has posted Article IV and Campbell v. Morris: Wrong Judge, Wrong Court, Wrong Holding and Wrong Conclusion? on SSRN. Here is the abstract: One of the earliest cases interpreting the...

Weinberger on Defining Religion & the Establishment Clause

Posted on December 01, 2009
Lael Daniel Weinberger has posted Religion Undefined: Competing Frameworks for Understanding 'Religion' in the Establishment Clause (University of Detroit Mercy Law Review, Vol. 86, No. 4, 2009) on SSRN. Here is the aabstract: In the midst of all the case...

Bass on Utilitarianism & Animal Research

Posted on December 01, 2009
Robert Bass has posted Lives in the Balance: Utilitarianism and Animal Research on PhilPapers. Here is the abstract: In the long history of moral theory, non-human animals?hereafter, just animals?have often been neglected entirely or have been relegated to some secondary...

Conference Announcement: American Society for Political & Legal Philosophy in New Orleans (with the AALS)

Posted on December 01, 2009
The American Society for Political and Legal Philosophy (ASPLP) is pleased to announce that it will hold its annual meeting in conjunction with that of the Association of American Law Schools in New Orleans on January 6, 2010. The topic...

Sandefur on McDonald v. Chicago

Posted on December 01, 2009
Tim Sandefur has a series of posts on the 14th Amendment's Privileges or Immunities Clause & incorporation of the Second Amendment--the issue on which cert. was granted in the McDonald case: McDonald v. Chicago: revolution or restoration? McDonald v. Chicago:...

Kraus on Contract Theory & Normative Powers

Posted on December 01, 2009
Check out Personal Sovereignty and Normative Power Skepticism by Jody S. Kraus on the Columbia Law Review's Sidebar. Here is a taste: Correspondence accounts of the relationship between contract and promise hold either that contract law is justified to the...

Fellowship Announcement: O'Brien Fellowships at McGill

Posted on December 01, 2009
Centre for Human Rights and Legal Pluralism Centre sur les droits de la personne et le pluralisme juridique 3661 Peel Street Phone/ T�l�phone : (514) 398-3577 Montreal, Quebec Fax / T�l�copieur : (514) 398-8197 Canada H3A 1X1 Email : human.rights@mcgill...

Conference Announcement: Contracts at UNLV

Posted on December 01, 2009
Call for Proposals and Invitation to Participate Spring Contracts Conference William S. Boyd School of Law, UNLV Las Vegas, Nevada February 26 & 27, 2010 In the spirit of the fine International Conferences on Contracts that Frank Snyder launched and....

Google Scholar Now Includes Cases

Posted on December 01, 2009
Here is a link to the announcement: Starting today, we're enabling people everywhere to find and read full text legal opinions from U.S. federal and state district, appellate and supreme courts using Google Scholar. You can find these opinions by...

Hatzis on Religious Minorities in the European Court of Human Rights and the United States Supreme Court

Posted on December 01, 2009
Nicholas Hatzis (City Law School, City University London) has posted Neutrality, Proselytism and Religious Minorities at the European Court of Human Rights and the U.S. Supreme Court (Harvard International Law Journal Online, Vol. 49, p. 120, 2009) on SSRN...

Yoo on LIncoln & Habeas

Posted on December 01, 2009
John Yoo (University of California at Berkeley School of Law) has posted Lincoln and Habeas: Of Merryman, Milligan, and McCardle (Chapman Law Review, Vol. 12, No. 3, pp. 1-29, 2009) on SSRN. Here is the abstract: This essay examines the...

Alexandre on Regulation of Drugs & Prostitution

Posted on November 30, 2009
Michele Alexandre (University of Mississippi) has posted Sex, Drugs, Rock & Roll and Moral Dirigisme: Toward a Reformation of Drug and Prostitution Regulations (UMKC Law Review, Vol. 78, No. 1, pp.102-137, 2009) on SSRN. Here is the abstrat: This Article...

McFarland on Tort Pedagogy

Posted on November 30, 2009
Robert L. McFarland (Faulkner University - Thomas Goode Jones School of Law) has posted Teaching the Law of Wrongs Without Searching for What is Right (THE JOURNAL JURISPRUDENCE: THE JURISPRUDENCE OF TORTS, VOL. 4, Aron Ping D'Souza, Brooke Glass-O'Shea, Jonathan...

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