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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

Legal Theory Bookworm

Posted on August 22, 2009
The Legal Theory Bookworm recommends Preference Change: Approaches from philosophy, economics and psychology, edited by Till Grüne-Yanoff & Sven Ove Hansson. Here is a description: The fact that preferences change is a pressing but unresolved problem for philosophy and the...

Download of the Week

Posted on August 22, 2009
Kurt T. Lash (Loyola Law School Los Angeles) has posted The Origins of the Privileges or Immunities Clause, Part I: 'Privileges and Immunities' as an Antebellum Term of Art on SSRN. Here is the abstract: Historical accounts of the Privileges...

March on Purposivism in Islamic Law

Posted on August 21, 2009
Andrew F. March (Yale University) has posted Islamic Legal Theory, Secularism and Religious Pluralism: Is Modern Religious Freedom Sufficient for the Shari'a 'Purpose [Maqsid]' of 'Preserving Religion [Hifz Al-Din]?' on SSRN. Here is the abstract: Perhaps the most popular trend...

Gardner on Voter Dignity & Constitutional Rights in the Democratic Process

Posted on August 21, 2009
James A. Gardner (University at Buffalo Law School, SUNY) has posted The Dignity of Voters - A Dissent (University of Miami Law Review, Forthcoming) on SSRN. Here is the abstract: Since the waning days of the Burger Court, the federal...

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Templin on Marriage Contracts in Art

Posted on August 21, 2009
Benjamin A. Templin (Thomas Jefferson School of Law) has posted The Marriage Contract in Fine Art (Northern Illinois University Law Review, Vol. 30, No. 3, 2009) on SSRN. Here is the abstract: This paper studies the depiction of the marriage...

Hasnas on Corporate Criminal Liability

Posted on August 21, 2009
John Hasnas (Georgetown University) has posted The Centenary of a Mistake: One Hundred Years of Corporate Criminal Liability (American Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: This article argues that there is no justification for corporate criminal...

Snow on the First Amendment, Fair Use, & Summary Judgment

Posted on August 21, 2009
Ned Snow (University of Arkansas at Fayetteville - School of Law) has posted Fair Use, Summary Judgment, and the Constitution on SSRN. Here is the abstract: Summary judgment has become commonplace to decide issues of fair use in copyright cases....

Kolber on Empirical Desert

Posted on August 21, 2009
Adam J. Kolber (University of San Diego School of Law) has posted How to Improve Empirical Desert (Brooklyn Law Review, Symposium: 'Is Morality Universal and Should the Law Care?, 2010) on SSRN. Here is the abstract: According to advocates of...

Porat & Stein on Liability for Future Harm

Posted on August 21, 2009
Ariel Porat and Alex Stein (Tel Aviv University and Yeshiva University - Benjamin N. Cardozo School of Law) have posted Liability for Future Harm (PERSPECTIVES ON CAUSATION, Richard S. Goldberg, ed., Hart Publishing, 2010) on SSRN. Here is the abstract:...

Beiner on Bayle, Spinoza, and Rousseau

Posted on August 20, 2009
Ronald Beiner (University of Toronto at Mississauga) has posted Bayle Between Spinoza and Rousseau on SSRN. Here is the abstract: A commentary on Pierre Bayle's 'Pensees diverses,' aiming to clarify how Bayle mediates between Spinoza and Rousseau.

Law & Zaring on Supreme Court Citations to Legislative History

Posted on August 20, 2009
David S. Law (Washington University School of Law in St. Louis; Washington University, St. Louis - Department of Political Science) & David T. Zaring (University of Pennsylvania - Legal Studies Department) have posted Why Supreme Court Justices Cite Legislative History:...

Wasserman on United States v. Klein

Posted on August 20, 2009
Howard M. Wasserman (Florida International University - College of Law) has posted The Irrepressible Myth of Klein on SSRN. Here is the abstract: This paper examines the Reconstruction-era case of United States v. Klein, which imposed some uncertain limitations on...

Long on Certification from Federal to State Courts

Posted on August 20, 2009
Justin R. Long (University of Connecticut School of Law) has posted Against Certification (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract: Certification is the process whereby federal courts, confronted by an open question of state law in...

Walen on the Morality of Preventive Detention for Terrorism

Posted on August 20, 2009
Alec D. Walen (Institute for Philosophy and Public Policy) has posted The Morality of Preventive Detention for Suspected Terrorists; Possibilities and Limits for a Liberal Society on SSRN. Here is the abstract: The basic liberal commitment to respecting the liberty...

Mossoff on IP & the Birth of the Administrative State

Posted on August 20, 2009
Adam Mossoff (George Mason University - School of Law) has posted The Use and Abuse of IP at the Birth of the Administrative State (University of Pennsylvania Law Review, Vol. 157, No. 6, 2009) on SSRN. Here is the abstract:...

Lash on the Origins of the Privileges and Immunities Clause

Posted on August 19, 2009
Kurt T. Lash (Loyola Law School Los Angeles) has posted The Origins of the Privileges or Immunities Clause, Part I: 'Privileges and Immunities' as an Antebellum Term of Art on SSRN. Here is the abstract: Historical accounts of the Privileges...

Pauli on Broadcast Freedom & Genocide Prevention

Posted on August 19, 2009
Carol Pauli (Loyola University New Orleans - School of Law) has posted Killing the Microphone: When Broadcast Freedom Should Yield to Genocide Prevention (Alabama Law Review, Forthcoming) on SSRN. Here is the abstract: When powerful radio broadcasts exhort listeners to...

Denning & Reynolds on District of Columbia v. Heller in the Lower Courts

Posted on August 19, 2009
Brannon P. Denning and Glenn Harlan Reynolds (Cumberland School of Law and University of Tennessee College of Law) have posted Heller High Water(Mark?) Lower Courts and the New Right to Keep and Bear Arms (Hastings Law Journal, Vol. 60, p....

Choi & Pritchard on the Impact of Tellabs v. Makor Issues & Rights

Posted on August 19, 2009
Stephen J. Choi and Adam C. Pritchard (New York University - School of Law and University of Michigan Law School) have posted The Supreme Court?s Impact on Securities Class Actions: An Empirical Assessment of Tellabs on SSRN. Here is the...

Levin on Interstate Conflicts Over Same Sex Legal Relationships

Posted on August 19, 2009
Hillel Y. Levin (University of Georgia Law School) has posted Resolving Interstate Conflicts Over Marriage, Marriage-Like, and Marriage-Lite Relationships on SSRN. Here is the abstract: Only six states currently permit same-sex couples to wed. However, several states that balk at...

Burleson on International Human Rights Law & Recognition of Gay and Lesbian Families

Posted on August 18, 2009
Elizabeth Burleson (USD School of Law) has posted International Human Rights Law, Co-Parent Adoption, and the Recognition of Gay and Lesbian Families on SSRN. Here is the abstract: Children would benefit substantially if governments legally recognized same sex marriages and...

Fennell & Roin on Resident's Stakes in Their Homes

Posted on August 18, 2009
Lee Anne Fennell and Julie Roin (University of Chicago Law School and University of Chicago Law School) have posted Controlling Residential Stakes (University of Chicago Law Review, Vol. 77, No. 1, 2010) on SSRN. Here is the abstract: Local communities...

Hurt on "Windfalls"

Posted on August 18, 2009
Christine Hurt (University of Illinois College of Law) has posted The Windfall Myth on SSRN. Here is the abstract: Currently, decrying others? profits as windfalls is popular among journalists, policy makers, law makers, industry participants, and the public at large...

Martinico on European Constitutional Law

Posted on August 18, 2009
Giuseppe Martinico (Scuola Superiore Sant'Anna) has posted From the Constitution for Europe to the Reform Treaty: A Literature Survey on European Constitutional Law (Perspectives on Federalism, Vol. 1, Issue 1, pp. 13-41, Summer 2009) on SSRN. Here is the abstract:...

Saxer on Banishing Sex Offenders

Posted on August 18, 2009
Shelley Ross Saxer (Pepperdine University - School of Law) has posted Banishment of Sex Offenders: Liberty, Protectionism, Justice, and Alternatives (Washington University Law Review, Vol.. 86, p. 1397, 2009) on SSRN. Here is the abstract: Although most sex offenses are...

Miron & Tetelbaum on the Effects of the Federal Uniform Drinking Age Act

Posted on August 18, 2009
Jeffrey A. Miron and Elina Tetelbaum (Harvard University - Department of Economics and Yale University - Law School) have posted Did the Federal Drinking Age Law Save Lives? (Regulation, Vol. 32, No. 1, pp. 12-15, Spring 2009) on SSRN. Here...

Legal Theory Lexicon: Procedural Justice

Posted on August 17, 2009
Introduction Recently, the Legal Theory Lexicon provided a very general entry on the the topic of justice. The notion of justice can be analyzed in many ways, but one good place to start is with Aristotle. Aristotle divides the topic...

Yung on the War on Sex Offenders

Posted on August 17, 2009
Corey Rayburn Yung (The John Marshall Law School) has posted The Emerging Criminal War on Sex Offenders on SSRN. Here is the abstract: This article addresses four central questions. First, what is the difference between normal law enforcement policy and...

Fineman on Gender Equality

Posted on August 17, 2009
Martha Albertson Fineman (Emory University - School of Law) has posted Equality: Still Illusive after All These Years (Emory Public Law Research 09-62, SOCIAL CITIZENSHIP AND GENDER, Joanna Grossman & Linda McClain, eds., Cambridge University Press, Forthcoming) on SSRN...

Andreen on Water Pollution Control & Delegated Federalism

Posted on August 17, 2009
William L. Andreen (University of Alabama School of Law) has posted Delegated Federalism Versus Devolution: Some Insights from the History of Water Pollution Control (PREEMPTION CHOICE: THE THEORY, LAW, AND REALITY OF FEDERALISM?S CORE QUESTION, William W...

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