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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

Berger on Equal Protection & Federal Indian Law

Posted on September 22, 2009
Bethany Berger (University of Connecticut School of Law) has posted Reconciling Equal Protection and Federal Indian Law (California Law Review, Forthcoming) on SSRN. Here is the abstract: In this essay for a festschrift in celebration of Philip Frickey and his...

Canes-Wrone, Clark, & Park on Judicial Retention Elections & Independence

Posted on September 22, 2009
Brandice Canes-Wrone , Tom S. Clark and Jee-Kwang Park (Princeton University - Department of Politics , Emory University - Department of Political Science and Princeton University - Woodrow Wilson School of Public and International Affairs) have posted Judicial Independence and...

Caron on Murphy v. United States

Posted on September 22, 2009
Paul L. Caron (University of Cincinnati - College of Law) has posted The Story of Murphy: A New Front in the War on the Income Tax on SSRN. Here is the abstract: This chapter from the second edition of Tax...

Reinstein on the Limits of Executive Power

Posted on September 22, 2009
Robert Reinstein (Temple University - James E. Beasley School of Law) has posted The Limits of Executive Power (American University Law Review, Forthcoming) on SSRN. Here is the abstract: Justice Jackson?s concurring opinion in The Steel Seizure Case has taken...

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Fellowship Announcment: Max Weber Programme for Postdoctoral Studies

Posted on September 21, 2009
Dennis Patterson has started as Professor of Legal Theory and Philosophy of Law at the EUI: http://www.eui.eu/DepartmentsAndCentres/Law/People/Professors/CurrentProfessors/Patterson.aspx The EUI has a post doctoral program that invites applications from all countries...

McCann on American Needle v. NFL

Posted on September 21, 2009
Michael McCann (Vermont Law School) has posted American Needle v. NFL: An Opportunity to Reshape Sports Law (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: This Feature will explore American Needle v. NFL and its potential impact on...

Drassinower on Balance in Copyright Law

Posted on September 21, 2009
Abraham Drassinower (University of Toronto - Faculty of Law) has posted From Distribution to Dialogue: Remarks on the Concept of Balance in Copyright Law (Journal of Corporation Law, Vol. 34, No. 4, pp. 991-1007, 2009) on SSRN. Here is the...

Leiter on Toleration or Respect for Religion

Posted on September 21, 2009
Brian Leiter (University of Chicago Law School) has posted Foundations of Religious Liberty: Toleration or Respect? on SSRN. Here is the abstract: Should we think of what I will refer to generically as ?the law of religious liberty? as grounded...

Oberdiek on a Right Against Risking

Posted on September 21, 2009
John Oberdiek (Rutgers University School of Law, Camden) has posted Towards a Right Against Risking (Law and Philosophy, Vol. 28, 367-392, 2009) on SSRN. Here is the abstract: Morality forbids treating people in certain ways, and one way that it...

Parness on Equality Provisions in State Constitutions

Posted on September 21, 2009
Jeffrey A. Parness (Northern Illinois University - College of Law) has posted American State Constitutional Equalities (Gonzaga Law Review, Vol. 45, No. 3, 2010) on SSRN. Here is the abstract: Many American state constitutions contain equality provisions...

Legal Theory Lexicon: Concepts and Conceptions

Posted on September 20, 2009
Introduction Some ideas seem to be endlessly debated. We might all agree that "justice" is a good thing, but some of us think that justice boils down to counting the utility of each individual equally, while others think that justice...

Legal Theory Bookworm

Posted on September 19, 2009
The Legal Theory Bookworm recommends Philosophy, Politics, Democracy: Selected Essays by Joshua Cohen. Here is a description: Over the past twenty years, Joshua Cohen has explored the most controversial issues facing the American public: campaign finance and political equality, privacy...

Download of the Week

Posted on September 19, 2009
The Download of the Week is The Political Economy of Youngstown by Edward T. Swaine. Here is the abstract: The time is ripe for a non-doctrinal assessment of Justice Jackson?s famous three-category framework for challenges to presidential action, elaborated in...

Cahill on on Ginsburg & Sexual Equality

Posted on September 18, 2009
Courtney M. Cahill (Roger Williams University - School of Law) has posted Celebrating the Differences that Could Make a Difference: United States v. Virginia and a New Vision of Sexual Equality (Ohio State Law Journal, Forthcoming) on SSRN. Here is...

Swaine on the Political Economy of Youngstown

Posted on September 18, 2009
Edward T. Swaine (George Washington University Law School) has posted The Political Economy of Youngstown (Southern California Law Review, Forthcoming ) on SSRN. Here is the abstract: The time is ripe for a non-doctrinal assessment of Justice Jackson?s famous three-category...

O'Malley on Fines

Posted on September 18, 2009
Pat O'Malley (University of Sydney - Faculty of Law) has posted Theorizing Fines (Punishment and Society, Vol. 11, No. 1, pp. 67-83, 2009) on SSRN. Here is the abstract: Given their central place as a sanction in criminal justice, the...

Book Announcement: After Adam Smith by Milgate & Stimson

Posted on September 18, 2009
After Adam Smith A Century of Transformation in Politics and Political Economy Murray Milgate & Shannon C. Stimson To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9076.html Few issues are more central to our present predicaments than...

Schragger on Mobile Capital & Local Regulation

Posted on September 18, 2009
Richard Schragger (University of Virginia - School of Law) has posted Mobile Capital, Local Economic Regulation, and the Democratic City (Harvard Law Review, Forthcoming) on SSRN. Here is the abstract: This Article examines local efforts to regulate mobile capital...

Craig on EU Member State Autonomy & EU Competence

Posted on September 18, 2009
Paul P. Craig (University of Oxford - Faculty of Law) has posted Competence and Member State Autonomy: Causality, Consequence and Legitimacy (THE EUROPEAN COURT OF JUSTICE AND THE AUTONOMY OF THE MEMBER STATES, Hans W. Micklitz and Bruno de Witte,...

Lyke on Lawrence & the 8th Amendment

Posted on September 17, 2009
Sheldon Bernard Lyke (University of Chicago - Department of Sociology) has posted Lawrence as an Eighth Amendment Case: Sodomy and the Evolving Standards of Decency (William & Mary Journal of Women and the Law, Vol. 15, No. 3, 2009) on...

Nimmer on Standard Setting Organizations & Markets

Posted on September 17, 2009
Raymond T. Nimmer (University of Houston - Law Center) has posted Technical Standards Setting Organizations & Competition: A Case for Deference to Markets on SSRN. Here is the abstract: There exists a risk of standards-setting organizations (SSO's) becoming improper surrogates...

Conley on Metz on the Language of Law School

Posted on September 17, 2009
John M. Conley (University of North Carolina at Chapel Hill - School of Law) has posted Can You Talk Like a Lawyer and Still Think Like a Human Being?: Mertz?s the Language of Law School (Law & Social Inquiry, Vol....

O'Malley on Neoliberalism & Criminology

Posted on September 17, 2009
Pat O'Malley (University of Sydney - Faculty of Law) has posted Neoliberalism and Risk in Criminology (THE CRITICAL CRIMINOLOGY COMPANION, pp. 55-67, T. Anthony, C. Cunneen, eds., Federation Press, 2008) on SSRN. Here is the abstract: Beginning in the 1970s,...

Stein on Probability

Posted on September 17, 2009
Alex Stein (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Probability and Incentives on SSRN. Here is the abstract: This Article challenges the mathematical probability system that underlies law and economics and behavioral analysis and argues that...

Farber on Frickey

Posted on September 17, 2009
Daniel A. Farber (University of California, Berkeley - School of Law) has posted 'Practical Reasoning' and the Scholarship of Philip P. Frickey on SSRN. Here is the abstract: Phil Frickey has made important contributions to constitutional law, statutory interpretation, and...

Brescia on Financial Re-Regulation

Posted on September 17, 2009
Ray Brescia (Albany Law School) has posted Trust in the Shadows: Law, Behavior and Financial Re-Regulation (Buffalo Law Review, Forthcoming) on SSRN. Here is the abstract: In the deep throes of the Great Depression, in an effort to restore faith...

Herz on Purposivism & Institutional Competence in Statutory Interpretation

Posted on September 16, 2009
Michael Herz (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Purposivism and Institutional Competence in Statutory Interpretation (Michigan State Law Review, Forthcoming) on SSRN. Here is the abstract: Writers on legal interpretation have almost all either addressed...

Heyman on Investigating Corporate Malfeasance

Posted on September 16, 2009
Susan Schwab Heyman (Benjamin N. Cardozo School of Law/Yeshiva University) has posted Bottom-Up: An Alternative Approach for Investigating Corporate Malfeasance on SSRN. Here is the abstract: At least since the Enron scandal, the government has focused intensive efforts on developing...

Scheicher on the Law & Economics of Cities

Posted on September 16, 2009
David Schleicher (George Mason University - School of Law) has posted The City as a Law and Economic Subject (University of Illinois Law Review, Forthcoming) on SSRN. Here is the abstract: Local government law has fallen behind the times. Over...

Mattei on Predatory Capitalism

Posted on September 16, 2009
Ugo Mattei (University of California - Hastings College of Law) has posted Emergency-Based Predatory Capitalism: The Rule of Law, Alternative Dispute Resolution, and Development (CONTEMPORARY STATES OF EMERGENCY: THE POLITICS OF MILITARY AND HUMANITARIAN INTERVENTIONS, Didier Fassin & Mariella Pandolfi,...

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