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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

Horwitz on Probationary Sentencing

Posted on September 16, 2009
Andrew Horwitz (Roger Williams University - School of Law) has posted The Costs of Abusing Probationary Sentences: Over Incarceration and the Erosion of Due Process on SSRN. Here is the abstract: Something has gone terribly wrong in the American criminal...

Alfieri on Discovering Identity in Civil Procedure

Posted on September 16, 2009
Anthony Victor Alfieri (University of Miami - School of Law) has posted Discovering Identity in Civil Procedure (Southern California Law Review, Vol. 83, 2010) on SSRN. Here is the abstract: This essay explores the story of Floride Norelus, an undocumented...

Rutherglen on the 13th Amendment, Congressional Power, & Civil Rights Politics

Posted on September 16, 2009
George A. Rutherglen (University of Virginia School of Law) have posted The Thirteenth Amendment, the Power of Congress, and The Politics of Civil Rights on SSRN. Here is the abstract: This article charts a middle way in recent scholarship on...

Craig on Administrative Law in the Roberts Court

Posted on September 15, 2009
Robin Kundis Craig (Florida State University - College of Law) has posted Administrative Law in the Roberts Court: The First Four Years on SSRN. Here is the abstract: Given Justice David Souter?s retirement in the summer of 2009, the four...

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Bowman on the Supreme Court's Sentencing Jurisprudence

Posted on September 15, 2009
Frank O. Bowman III (University of Missouri School of Law) has posted Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended (University of Chicago Law Review, Vol. 77, Forthcoming 2010) on SSRN....

Bailey on Tillman on Hamilton on Removal of Executive Officers

Posted on September 15, 2009
Jeremy D. Bailey (Political Science, University of Houston) has posted The Traditional View of Hamilton?s Federalist No. 77 and an Unexpected Challenge: A Response to Seth Barrett Tillman on SSRN. Here is the abstract: In Federalist No. 77, Alexander Hamilton...

Barzon on Jerome Frank

Posted on September 15, 2009
Charles L. Barzun (University of Virginia School of Law) has posted Jerome Frank and the Modern Mind on SSRN. Here is the abstract: Jerome Frank occupies an odd place in the intellectual history of American law. He and Karl Llewellyn...

Rutledge on Delegation & Conflict of Laws

Posted on September 15, 2009
Peter B. Rutledge (University of Georgia Law School) has posted Delegation and Conflicts (of Law) (George Mason Law Review, Forthcoming) on SSRN. Here is the abstract: The Supreme Court's recent decision in Medellin rekindled a long-standing debate over delegation, which...

Hasen on Liberals Losing in the Roberts Court

Posted on September 15, 2009
Check out Rick Hasen's essay, "How Liberals Can Win by Losing at the Roberts Court," on Slate. Here is a taste: At the recent Supreme Court oral argument in the Citizens United case, about the constitutionality of limits on corporate...

Humbach on Sexting & the Freedom of Expression

Posted on September 15, 2009
John A. Humbach (Pace University School of Law) has posted 'Sexting,' the First Amendment and Prosecuting Teens on SSRN. Here is the abstract: 'Sexting' and other teen autopornography are becoming a widespread phenomenon, with perhaps 20% of teenagers admitting to...

Wells on Langdell & Doctrine

Posted on September 14, 2009
Catharine P. Wells (USC Gould School of Law) has posted Langdell and the Invention of Legal Doctrine on SSRN. Here is the abstract: This paper addresses two related questions. The first relates to Langdell and his development of a doctrinal...

Sadurski on Commutative, Distributive & Procedural Justice

Posted on September 14, 2009
Wojciech Sadurski (University of Sydney-Faculty of Law) has posted Commutative, Distributive and Procedural Justice ? What Does it Mean, What Does it Matter? on SSRN. Here is the abstract: In this paper, I revisit an argument that two distinctions, traditionally...

Nelson on Virtual Property

Posted on September 14, 2009
John William Nelson (Samford University - Cumberland School of Law) has posted The Virtual Property Problem: What Property Rights in Virtual Resources Might Look Like, How They Might Work, and Why They are a Bad Idea on SSRN. Here is...

Singh on Indian International Law

Posted on September 14, 2009
Prabhakar Singh (University of Barcelona) has posted Indian International Law: From a Colonised Apologist to a Subaltern Protagonist on SSRN. Here is the abstract: Indian responses to international law have now seen three generations of scholarship. A decade into its...

Gross on Balancing Security & Liberty

Posted on September 14, 2009
Oren Gross (University of Minnesota Law School) has posted Security Vs. Liberty: An Imbalanced Balancing on SSRN. Here is the abstract: The metaphor of balancing and the use of ?balancing tests? are dominant features in legal discourse. Since the terrorist...

Legal Theory Lexicon: Persons and Personhood

Posted on September 13, 2009
Introduction Are the unborn human persons? What is the difference between legal and moral personhood? What does it mean to say that a corporation is a legal person? Do the most intelligent animals deserve the rights of moral or legal...

Legal Theory Bookworm

Posted on September 12, 2009
The Legal Theory Bookworm recommends The Idea of Justice by Professor Amartya Sen. Here is a description: Social justice: an ideal, forever beyond our grasp; or one of many practical possibilities? More than a matter of intellectual discourse, the idea...

Download of the Week

Posted on September 12, 2009
The Download of the Week is The Uneasy Case for Product Liability by Steven Shavell and A. Mitchell Polinsky. Here is the abstract: We explain in this Article that the benefits of product liability may well be outweighed by its...

Long on Demosprudence & Sheff v. O'Neill

Posted on September 11, 2009
Justin R. Long (University of Connecticut School of Law) has posted Demosprudence, Interactive Federalism, and Twenty Years of Sheff V. O'Neill ( Connecticut Law Review, Forthcoming) on SSRN. Here is the abstract: Professor Lani Guinier and others have recently developed...

Ohlin on "The Torture Lawyers"

Posted on September 11, 2009
Jens David Ohlin (Cornell Law School) has posted The Torture Lawyers (Harvard International Law Journal, Forthcoming) on SSRN. Here is the abstract: One of the longest shadows cast by the Bush Administration?s War on Terror involves the fate of the...

West on Autobiographical Speech & Informational Privacy

Posted on September 11, 2009
Sonja West (University of Georgia School of Law) has posted The Story of Us: Resolving the Face-Off between Autobiographical Speech and Information Privacy on SSRN. Here is the abstract: Increasingly more ?ordinary? Americans are choosing to share their life experiences...

Akester on Empirical Assessment of Conflicts Between DRM & Free Expression

Posted on September 11, 2009
Patricia Akester (University of Cambridge - Faculty of Law) has posted Technological Accommodation of Conflicts between Freedom of Expression and DRM: The First Empirical Assessment on SSRN. Here is the abstract: Copyright incentives and rewards to producers of works have...

van der Burg & Brom on State Neutrality

Posted on September 11, 2009
Wibren van der Burg and Frans W.A. Brom (Erasmus University Rotterdam- School of Law) have posted In Defense of State Neutrality (?Eine Verteidigung der Staatlichen Neutralit�t?, in: K.P. Rippe (Hrsg.), Angewandte Ethik in der pluralistischen Gesellschaft, Freiburg, CH: Freiburger Universit�tsverlag,...

Larios on Tinker v. Des Moines Independent Community School District

Posted on September 11, 2009
Miguel E. Larios (The John Marshall Law School) has posted We Got No Class: Retiring Tinker v. Des Moines Independent Community School District on SSRN. Here is the abstract: The First Amendment to the U.S. Constitution prohibits Congress from enacting...

Woolley on Lawyers' Obligations to Foster Access to Justice

Posted on September 10, 2009
Alice Woolley (University of Calgary) has posted Imperfect Duty: Lawyers' Obligation to Foster Access to Justice on SSRN. Here is the abstract: Access to justice is an integral component of the legal system. However, the question of upon whose shoulders...

Telman on Lovenheim v. Iroquois Brands

Posted on September 10, 2009
Jeremy Telman (Valparaiso University - Law School) has posted Is the Quest for Corporate Responsibility a Wild Goose Chase? The Story of Lovenheim v. Iroquois Brands, Ltd. on SSRN. Here is the abstract: Lovenheim v. Iroquois Brands, Ltd. is not...

Benson on Pure Economic Loss

Posted on September 10, 2009
Peter Benson (University of Toronto - Faculty of Law) has posted The Problem with Pure Economic Loss (South Carolina Law Review, Vol. 60, No. 4, 2009) on SSRN. Here is the abstract: For well over a century, it has been...

Tamayo on "Bitch"

Posted on September 10, 2009
Yvonne A. Tamayo (Willamette University - College of Law) has posted 'Rhymes with Rich:' Power, Law, and the Bitch on SSRN. Here is the abstract: Examines legal and cultural meaning of term 'bitch' when used against women in public and...

Deva on Property Rights and Socialist Constitutions

Posted on September 10, 2009
Surya Deva (City University of Hong Kong) has posted Does the Right to Property Create a Constitutional Tension in Socialist Constitutions? An Analysis with Reference to India and China (National University of Juridical Sciences Law Review, Vol. 1, No...

Strang on Originalism & Precedent

Posted on September 10, 2009
Lee J. Strang (University of Toledo College of Law) has posted An Originalist Theory of Precedent: The Epistemic and Metaphysical Attitudes Toward Originalist Precedent on SSRN. Here is the abstract: In this Article, I show that originalism retains a robust...

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