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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

Gadirov on Collective Intentions & Criminal Responsibility

Posted on February 09, 2011
Javid Gadirov (Central European University) has posted Collective Intentions and Individual Criminal Responsibility on SSRN. Here is the abstract: This article focuses on the treatment of collective intentions in individual criminal responsibility for crimes against humanity and war crimes, at...

Sichelman on Patent Scope

Posted on February 09, 2011
Ted M. Sichelman (University of San Diego School of Law) has posted Markets for Patent Scope (IP Theory, 2011) on SSRN. Here is the abstract: A recurring issue in IP theory is how the scope of patent rights affects invention...

Kahan, Hoffman, Braman, Evans, & Rachlinski on Cultural Cognition & Perceptions of Protest

Posted on February 08, 2011
Dan M. Kahan (Yale University - Law School), David A. Hoffman (Temple University - James E. Beasley School of Law; Cultural Cognition Project), Donald Braman (Cultural Cognition Project; George Washington University - Law School), Danieli Evans (Cultural Cognition Project Lab...

Spiro on Citizenship & Diaspora

Posted on February 08, 2011
Peter J. Spiro (Temple University - James E. Beasley School of Law) has posted Citizenship and Diaspora: A State Home for Transnational Politics? (POLITICS FROM AFAR: TRANSNATIONAL DIASPORAS AND NETWORKS, Terrance Lyons, Peter Mandaville, eds., Hurst/Columbia University Press, 2011) on...

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Halliburton on Pirates, Mercenaries, & Private Transnational Violence

Posted on February 08, 2011
Ansel J. Halliburton (UC Davis School of Law) has posted Pirates Versus Mercenaries: Purely Private Transnational Violence at the Margins of International Law on SSRN. Here is the abstract: Because of the recent surge in piracy emanating from the failed...

Graetz on the Estate Tax Repeal & Reinstatement

Posted on February 08, 2011
Michael J. Graetz (Yale Law School) has posted The Politics and Policy of the Estate Tax - Past, Present, and Future on SSRN. Here is the abstract: This paper is an edited transcript of the Lloyd Leva Plaine Distinguished Lecture,...

Fagundes on Roller Derby Pseudonyms

Posted on February 08, 2011
David Fagundes (Southwestern Law School) has posted Talk Derby to Me: Emergent Intellectual Property Norms Governing Roller Derby Pseudonyms on SSRN. Here is the abstract: Recent work has analyzed the increasing tendency of some social and professional groups use endemic...

Gillmer on Lawyers Representing Slaves

Posted on February 08, 2011
Jason Gillmer (Gonzaga University - School of Law) has posted Lawyers and Slaves: A Remarkable Case of Representation from the Antebellum South on SSRN. Here is the abstract: This essay examines the unexplored topic of lawyers who represented slaves in...

Goldman on Regulating Reputational Information

Posted on February 07, 2011
Eric Goldman (Santa Clara University - School of Law) has posted The Regulation of Reputational Information (THE NEXT DIGITAL DECADE: ESSAYS ON THE FUTURE OF THE INTERNET, Berin Szoka, Adam Marcus, eds., TechFreedom, Washington, D.C., 2010) on SSRN. Here is...

Calo on Empirical Desert & Punishment

Posted on February 07, 2011
Zachary R. Calo (Valparaiso University School of Law) has posted Empirical Desert and the Moral Economy of Punishment (Arizona State Law Journal, Forthcoming) on SSRN. Here is the abstract: This paper considers Paul Robinson's theory of empirical desert as an...

Crawford on Econometric Effectiveness & Legal Certainty

Posted on February 07, 2011
Keith Crawford has posted The Paradoxical Relationship between Econometric Effectiveness and Legal Certainty on SSRN. Here is the abstract: Be it information asymmetry in banking regulation or game theory as applied to child custody in divorce, economic theory plays an...

Hester on Regulation of Climate Engineering Technologies

Posted on February 07, 2011
Tracy Hester (University of Houston Law Center) has posted Remaking the World to Save it: Applying U.S. Environmental Laws to Climate Engineering Projects on SSRN. Here is the abstract: Given the high levels of greenhouse gases already in the atmosphere...

McClurg on Private Ordering of Online Confidentiality

Posted on February 07, 2011
Andrew Jay McClurg (University of Memphis Cecil C. Humphreys School of Law) has posted Private-Ordering of Online Confidentiality: A Facebook Application (Wake Forest Law Review Forum, Forthcoming) on SSRN. Here is the abstract: Building on a growing body of contract-based...

Legal Theory Lexicon: Holism

Posted on February 06, 2011
Introduction Our topic this week is ?holism,? more particularly the idea that theories of the law are (or ?should be? or ?can be?) holistic. Legal holism can be captured in a famous slogan, ?The law is a seamless web,? and...

Freedman on Habeas Corpus

Posted on February 05, 2011
Eric M. Freedman (Hofstra University - School of Law) has posted Dimension I: Habeas Corpus as a Common Law Writ (Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 46, No. 2, Summer 2011) on SSRN. Here is the abstract::...

Legal Theory Bookworm

Posted on February 05, 2011
The Legal Theory Bookworm recommends The Agnostic Age: Law, Religion, and the Constitution by Paul Horwitz. Here is a description: The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any...

Download of the Week

Posted on February 05, 2011
The Download of the Week is Conscience, Speech, and Money by Micah Schwartzman. Here is the abstract: This paper offers a defense of the idea that taxation to promote religion infringes on taxpayers? freedom of conscience. Critics have argued that...

Chesney on Al-Awlaki & Legal Regulation of Lethal Force

Posted on February 04, 2011
Robert Chesney (University of Texas ? Law) has posted Who May Be Killed? Anwar Al-Awlaki as a Case Study in the International Legal Regulation of Lethal Force (Yearbook of International Humanitarian Law, forthcoming 2011) on SSRN. Here is the abstract:...

Heminway on Federal Interventions in Financial Crisis

Posted on February 04, 2011
Joan MacLeod Heminway (University of Tennessee College of Law) has posted Federal Interventions in Private Enterprise in the United States: Their Genesis in and Effects on Corporate Finance Instruments and Transactions (Seton Hall Law Review, Vol. 40, No...

Hamoudi on the Iraqi Constitution

Posted on February 04, 2011
Haider Ala Hamoudi (University of Pittsburgh - School of Law) has posted Notes in Defense of the Iraq Constitution (University of Pennsylvania Journal of International Law, Forthcoming, University of Pennsylvania Journal of Law and Social Change, Forthcoming) on SSRN...

Walton on Analogy & Precedent

Posted on February 04, 2011
Douglas Walton (University of Windsor) has posted Similarity, Precedent and Argument from Analogy on SSRN. Here is the abstract: In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors...

Rolph on Photographs & Privacy

Posted on February 04, 2011
David Rolph (University of Sydney - Faculty of Law) has posted Looking Again at Photographs and Privacy: Theoretical Perspectives on Law?s Treatment of Photographs as Invasions of Privacy (CULTURE AND VISUAL STUDIES, A. Wagner, R. Sherwin, eds., Forthcoming) on SSRN...

Yaphe on Student Legal Scholarship

Posted on February 04, 2011
Andrew Yaphe (Stanford Law School) has posted Taking Note of Notes: Student Legal Scholarship in Theory and Practice on SSRN. Here is the abstract: In recent decades, an inconclusive (even by the standards of academia!) debate has intermittently flared up...

Tsesis on Congressional Authority to Interpret the 13th Amendment

Posted on February 03, 2011
Alexander Tsesis (Loyola University Chicago School of Law) has posted Congressional Authority to Intrepret the Thirteenth Amendment on SSRN. Here is the abstract: Most scholars of the Thirteenth Amendment have argued that Section 2 grants Congress broad powers to pass...

Follesdal on the Impact of Rawls in the Nordic Countries

Posted on February 03, 2011
Andreas Follesdal (University of Oslo) has posted Rawls in the Nordic Countries (Rawls in Europe ? Special Issue of European Journal of Political Theory, Vol. 1, No. 2, pp. 181-98, 2011) on SSRN. Here is the abstract: The impact of...

Childress on the Erie Doctrine & Private International Law

Posted on February 03, 2011
Donald Earl Childress III (Pepperdine University School of Law) has posted When Erie Goes International (Northwestern University Law Review, Vol. 105, 2011) on SSRN. Here is the abstract: This Article challenges the widely held belief that the Erie doctrine automatically...

Goldoni on Republicanism & Normative Positivism

Posted on February 03, 2011
Marco Goldoni (University of Antwerp - Centre for Law and Cosmopolitan Values) has posted Review Article: A Normative Positivism for the Deliberative Republic on SSRN. Here is the bstract: This review article focuses on the value of republicanism for contemporary...

Menski on "Fuzzy Law"

Posted on February 03, 2011
Werner Menski (University of London, School of Oriental and African Studies (SOAS), School of Law) has posted Fuzzy Law and the Boundaries of Secularism (Potchefstroom Electronic Law Journal, Vol. 13, No. 3, 2010) on SSRN. Here is the abstract: The...

Jurs on Comparative Expert Witness Methodology

Posted on February 03, 2011
Andrew W. Jurs (Florida Coastal School of Law) has posted Balancing Legal Process with Scientific Expertise: A Comparative Assessment of Expert Witness Methodology in Five Nations, and Suggestions for Reform of Post-Daubert U.S. Reliability Determinations on SSRN...

Conference Announcement: Federalism & Its Future at the University of Texas

Posted on February 02, 2011
Federalism and Its Future The University of Texas School of Law February 10 ? February 12, 2011 Thursday, February 10, 2011 4:30?6:00 p.m. Eidman Courtroom (2.306) Keynote Address Vicki Jackson, Georgetown University: "Understanding U.S. Federalism: The Warren Court and Post...

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