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Academic

Legal Theory Blog 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

Recent Entries: 5612

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Wright & Kobayashi on Antitrust, IP, & Standard Setting

Posted on September 03, 2009
Joshua D. Wright (George Mason University - School of Law) & Bruce H. Kobayashi (George Mason University - School of Law) have posted Intellectual Property and Standard Setting (ABA Handbook on the Antitrust Aspects of Standards Setting, 2010 ) on...


Margulies on Avoidance Doctrines in National Security Cases

Posted on September 03, 2009
Peter Margulies (Roger Williams University School of Law) has posted The Wages of Playing for Time: Avoidance Doctrines and Interpretive Method in National Security and Foreign Relations Cases on SSRN Here is the abstract: Courts often say that they practice...


Eyckmans & Kverndokk on Tradeable Pollution Permits & Moral concerns

Posted on September 03, 2009
Johan Eyckmans and Snorre Kverndokk (Catholic University of Leuven (KUL) - Center for Economic Studies and Ragnar Frisch Centre for Economic Research) have posted Moral Concerns on Tradable Pollution Permits in International Environmental Agreements on SSRN...


Schwartz on Material Adverse Change Clauses

Posted on September 03, 2009
Andrew A. Schwartz (University of Colorado Law School) has posted A 'Standard Clause Analysis' of the Frustration Doctrine and the Material Adverse Change Clause on SSRN. Here is the abstract: In the darkest depths of a corporate merger agreement lies...


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Lash on Originalism & the 14th Amendment

Posted on September 03, 2009
Check out Kurt Lash's post, Originalism and the Fourteenth Amendment on Prawfs. Here is a taste: Two distinctions are key to understanding what is sometimes known as the New Originalism. First, the approach assumes that, at some point, historical information...


Halliday & Scott on Empirical Legal Research re Administrative Justice

Posted on September 03, 2009
Simon Halliday and Colin Scott (University of Strathclyde, Glasgow and University College Dublin (UCD) - School of Law ) have posted Administrative Justice (The Oxford Handbook of Empirical Legal Research, Peter Cane, Herbert Kritzer, eds., Oxford, Oxford University Press, 2010)...


Petherbridge on Patent Law Uniformity & the Federal Circuit

Posted on September 03, 2009
Lee Petherbridge (Loyola Law School Los Angeles) has posted Patent Law Uniformity? (Harvard Journal Law & Technology, Vol. 22, No. 2, p. 421, Spring 2009) on SSRN. Here is the abstract: Following the difficult economic conditions of the 1970s the...


Oman on Specific Performance & Involuntary Servitude

Posted on September 02, 2009
Nathan B. Oman (William & Mary Law School) has posted Specific Performance and the Thirteenth Amendment (Minnesota Law Review, Vol. 93, p. 2020, 2009) on SSRN. Here is the abstract: Black-letter law declares that a contract to perform personal services...


Gilbert on Empathy & Sotomayor's Immigration Decisions

Posted on September 02, 2009
Lauren Gilbert (St. Thomas University School of Law) has posted The 26th Mile: Empathy and the Immigration Decisions of Justice Sotomayor on SSRN. Here is the abstract: At the behest of members of the Hispanic National Bar Association (HNBA'), this...


Spamann on Quantative Research & Comparative Law

Posted on September 02, 2009
Holger Spamann (Harvard University - Harvard Law School) has posted Large Sample, Quantitative Research Designs for Comparative Law? (American Journal of Comparative Law, Forthcoming) on SSRN. Here is the abstract: A substantial body of comparative legal scholarship considers statements applicable...


Crawford on Tax Lessons of the Astor Trial

Posted on September 02, 2009
Bridget J. Crawford (Pace University School of Law) has posted Tax Lessons from the Astor Trial (Tax Notes, Vol. 166, No. 9, 2009) on SSRN. Here is the abstract: This article examines the changes that philanthropist Brooke Russell Astor made...


Boon on the Law of Occupation

Posted on September 02, 2009
Kristen Boon (Seton Hall University - School of Law) has posted The Future of the Law of Occupation (Kristen E. Boon, THE FUTURE OF THE LAW OF OCCUPATION, Canadian Yearbook of International Law, 2009) on SSRN. Here is the abstract:...


Garda on the White Interest in Integration

Posted on September 02, 2009
Robert A. Garda, Jr. (Loyola University of New Orleans College of Law) has posted The White Interest in School Integration on SSRN. Here is the abstract: Scholarship concerning desegregation, affirmative action and voluntary integration is primarily, if not exclusively, focused...


Edwards on Narrative & Legal Authority

Posted on September 01, 2009
Linda H. Edwards (William S. Boyd School of Law, UNLV) has posted Once Upon a Time in Law: Myth, Metaphor, and Authority on SSRN. Here is the abstract: We have long accepted the role of narrative in fact statements and...


Pettys on Fritz on Popular Sovereignty

Posted on September 01, 2009
Todd E. Pettys (University of Iowa - College of Law) has posted The Vitality of the American Sovereign (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract: In his book American Sovereigns: The People and America?s Constitutional Tradition Before...


Aolain on Gender & Transitional Justice

Posted on September 01, 2009
Fionnuala D. Ni Aolain (Transitional Justice Institute (University of Ulster)) has posted Gendered Under-Enforcement in the Transitional Justice Context on SSRN. Here is the abstract: It is generally accepted that the gender dimensions of transition have, until relatively recently, been...


Fadel on An-Na'im on Islam & the Secular State

Posted on September 01, 2009
Mohammad Fadel (University of Toronto - Faculty of Law) has posted Islamic Politics and Secular Politics: Can They Co-Exist? (Journal of Law and Religion, Vol. 25, No. 1, 2009) on SSRN. Here is the abstract: Professor Abdullahi An-Na'im's new book,...


Risch on the Rule of Law & Virtual Worlds

Posted on September 01, 2009
Michael Risch (West Virginia University College of Law) has posted Virtual Rule of Law (West Virginia Law Review, Vol. 112, No. 1, 2009) on SSRN. Here is the abstract: This article, which follows a presentation at the West Virginia Law...


Bryant on Faigman on Constitutional Fictions

Posted on August 31, 2009
Christopher Bryant (University of Cincinnati - College of Law) has posted The Empirical Judiciary (Constitutional Commentary, Vol. 26, 2009) on SSRN. Here is the abstract: This essay reviews David L. Faigman?s Constitutional Fictions: A Unified Theory of Constitutional Facts (Oxford...


Bayazitova & Shivdasani on TARP

Posted on August 31, 2009
Dinara Bayazitova and Anil Shivdasani (University of North Carolina and University of North Carolina) have posted Assessing TARP on SSRN. Here is the abstract: We show that capital infusions under the Troubled Asset Relief Program (TARP) were provided to banks...


Chesterman & Fisher on Outsourcing of Public Services

Posted on August 31, 2009
Simon Chesterman and Angelina Fisher (New York University - School of Law, Singapore Programme and New York University - School of Law) have posted Private Security, Public Order: The Outsourcing of Public Services and Its Limits (Introduction) (PRIVATE SECURITY, PUBLIC...


Pardo on Walton on Witness Testimony Evidence

Posted on August 31, 2009
Michael S. Pardo (University of Alabama School of Law) has posted Review - 'Witness Testimony Evidence: Argumentation, Artificial Intelligence, and Law' by Douglas Walton (Notre Dame Philosophical Reviews 2008) on SSRN. Here is the abstract: This review essay discusses Douglas...


Cali & Wyss on Democratic Compliance with Human Rights Judgments

Posted on August 31, 2009
Basak Cali & Alice Wyss (University College London , University College London and University College London) have posted Why Do Democracies Comply with Human Rights Judgments? A Comparative Analysis of the UK, Ireland and Germany on SSRN. Here is the...


Legal Theory Lexicon: Social Welfare Functions

Posted on August 30, 2009
Introduction One of the key ideas in contemporary economic theory in general and law and economics in particular is the social welfare function. Law students without a background in economics might be put off by the fact that social welfare...


Salim on Legal Transplants in Post-Colonial States

Posted on August 29, 2009
Mohammad Rizal Salim (The University of Nottingham Malaysia campus) has posted Are Legal Transplants Impossible? (Journal of Comparative Law, Forthcoming) on SSRN. Here is the abstract: The Malaysian case Soo Boon Siong @ Saw Boon Siong v Saw Fatt Seong...


Legal Theory Bookworm

Posted on August 29, 2009
The Legal Theory Bookworm recommends The Unbounded Home: Property Values Beyond Property Lines by Lee Anne Fennell. Here is a description: The Unbounded Home grapples with a core metropolitan reality -- that the value and meaning of a home extend...


Download of the Week

Posted on August 29, 2009
The Download of the Week is Reflective Equilibrium and Constitutional Method: Lessons from John McCain and the Natural Born Citizenship Clause by Mitchell N. Berman. Here is the abstract: How should we settle on a theory of constitutional interpretation? Take...


Katz on Amar on Bush v. Gore

Posted on August 28, 2009
Ellen D. Katz (University of Michigan Law School) has posted From Bush v. Gore to NAMUDNO: A Response to Professor Amar (Florida Law Review, Forthcoming, U of Michigan Public Law Working) on SSRN. Here is the abstract: In his Dunwoody...


Pardo on Empire

Posted on August 28, 2009
Michael S. Pardo (University of Alabama School of Law) has posted Empire (Alabama Law Review, Vol. 60, pp. 1201-1208, 2009) on SSRN. Here is the abstract: This essay explores the concept of empire and the problems with delineating its scope...


Sherman on the Class Action Fairness Act

Posted on August 28, 2009
Edward F. Sherman (Tulane University Law School) has posted The Class Action Fairness Act and the Federalization of Class Actions (Federal Rules Decisions, Vol. 238, p. 504, 2007) on SSRN. Here is the abstract: The Class Action Fairness Act of...


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