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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

Katz on Adverse Possession & Morality

Posted on August 11, 2009
Larissa M. Katz (Queen's University - Faculty of Law) has posted The Moral Paradox of Adverse Possession: Sovereignty and Revolution in Property Law (McGill Law Review, Forthcoming) on SSRN. Here is the abstract: On what grounds can we justify the...

Horwitz on Judicial Character

Posted on August 10, 2009
Paul Horwitz (University of Alabama School of Law) has posted Judicial Character (and Does it Matter) (Constitutional Commentary (forthcoming)) on SSRN. Here is the abstract: This Essay, forthcoming in Constitutional Commentary, discusses three recent books about judicial decision making: Richard...

De Coninck & Du Laing on Evolutionary Functionalism & Comparative Law

Posted on August 10, 2009
Julie De Coninck and Bart Du Laing (Catholic University of Leuven (KUL) - Faculty of Law and Ghent University - Department of Legal Theory and Legal History) have posted Comparative Law, Behavioural Economics and Contemporary Evolutionary Functionalism on SSRN...

Williams & George on Panel on Multidistrict Litigation Tranfer Orders

Posted on August 10, 2009
Margaret S Williams and Tracey E. George (Federal Judicial Center and Vanderbilt University - School of Law) have posted Between Cases and Classes: The Decision to Consolidate Multidistrict Litigation on SSRN. Here is the abstract: This paper provides the preliminary...

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Buxbaum on Territoriality & Legislative Authority

Posted on August 10, 2009
Hannah L. Buxbaum (Indiana University School of Law-Bloomington) has posted Territory, Territoriality, and the Resolution of Jurisdictional Conflict (American Journal of Comparative Law, Vol. 57, No. 2, pp. 631-676, 2009, Indiana Legal Studies Research Paper No...

Benesh, Steigerwalt, & Scherer on Public Perceptions of Lower Federal Courts

Posted on August 10, 2009
Sara C. Benesh , Amy Steigerwalt and Nancy Scherer (University of Wisconsin - Milwaukee, Georgia State University and Wellesley College - Political Science) have posted Public Perceptions of the Lower Federal Courts on SSRN. Here is the abstract: The lower...

Legal Theory Lexicon: Intention

Posted on August 09, 2009
Introduction Was it intentional? Did he intend to kill? What were the original intentions of the framers of the United States Constitution? "Intention" is an important concept for legal theory. On the one hand, "intention" figures prominently in theories of...

Legal Theory Bookwrom

Posted on August 08, 2009
The Legal Theory Bookworm recommends The Development of Ethics by Terence Irwin. There are three volumes: Volume I: rom Socrates to the Reformation Terence Irwin presents a historical and critical study of the development of moral philosophy over two thousand...

Download of the Week

Posted on August 08, 2009
The Download of the Week is Ambiguity About Ambiguity: An Empirical Inquiry into Legal Interpretation by Ward Farnsworth, Dustin F. Guzior, and Anup Malani. Here is the abstract: Most scholarship on statutory interpretation discusses what courts should do with ambiguous...

Collett on Judicial Review of Constitutional Amendments

Posted on August 07, 2009
Teresa Stanton Collett (University of St. Thomas School of Law) has posted Judicial Independence and Accountability in an Age of Unconstitutional Constitutional Amendments on SSRN. Here is the abstract: Selection of American judges is one of the battle fields in...

Chandler on Technology & Equality

Posted on August 07, 2009
Jennifer A. Chandler (University of Ottawa - Faculty of Law - Common Law Section) has posted Technological Self-Defense and Equality on SSRN. Here is the abstract: This article seeks to clarify the relationship between extra-legal self-help, technology and equality...

Symeonides on a New Restatement of Conflicts

Posted on August 07, 2009
Symeon C. Symeonides (Willamette University - College of Law) has posted A New Conflicts Restatement: Why Not? (Journal of Private International Law, Vol. 5, 2009) on SSRN. Here is the abstract: The Second Conflicts Restatement, the drafting of which began...

Baines on Feminist Judges

Posted on August 07, 2009
Beverley Baines (Queen's University - Faculty of Law) has posted Must Feminist Judges Self-Identify as Feminist? (GENDER AND JUDGING, Ulrike Schultz and Gisela Shaw, eds. Hart Publishing, Forthcoming) on SSRN. Here is the abstract: Feminist legal scholars want judges to...

Imwinkelreid on the Implied Obligation of Good Faith in Contract

Posted on August 07, 2009
Edward J. Imwinkelreid (University of California, Davis - School of Law) has posted The Implied Obligation of Good Faith in Contract Law: Is it Time to Write its Obituary? (Texas Tech Law Review, Forthcoming) on SSRN. Here is the abstract:...

Badawi on Relational Governance & Contract Damages

Posted on August 07, 2009
Adam B. Badawi (University of Chicago - Law School) has posted Relational Governance and Contract Damages: Evidence from Franchising on SSRN. Here is the abstract: The literature on contract theory expects parties to use incentive mechanisms that minimize the costs...

Kostritsky on Kraus & Scott on Contract Terms & Purposes

Posted on August 06, 2009
Juliet P. Kostritsky (Case Western Reserve University - School of Law) has posted The Means/Ends Dilemma in Contract Interpretation: A Response to Professors Kraus and Scott: How the Intractability of Express Language Affects Interpretive Authority and Legal Interventions in Contracts...

Sotomayor Confirmed

Posted on August 06, 2009
Here.

Lavranos on Competing Jurisdictions of International Courts & Tribunals

Posted on August 06, 2009
Nikos Lavranos (European University Institute (EUI)) has posted On the Need to Regulate Competing Jurisdictions between International Courts and Tribunals on SSRN. Here is the abstract: Competing jurisdiction is a relatively new but increasingly important phenomenon in international law...

Bastmeijer & van Hengel on Protecting Antarctica

Posted on August 06, 2009
Kees Bastmeijer and Steven van Hengel (Tilburg University) have posted The Role of the Protected Area Concept in Protecting the World?s Largest Natural Reserve: Antarctica on SSRN. Here is the abstract: Should the entire Antarctic continent and the surrounding islands...

Bertram on Cohen

Posted on August 06, 2009
Chris Bertram offers an appreciation of Jerry Cohen on Crooked Timber. A taste: Jerry had and set really high standards in philosophy. In his published work and in professional contexts, he always presented his arguments with honesty, rigour, insight and...

Hage on Legal Truth & Conceptions of Law

Posted on August 06, 2009
Jaap Hage (University of Maastricht - Faculty of Law) has posted Two Conceptions of Law and Their Implications for Legal Truth on SSRN. Here is the abstract: The questions whether legal judgements are true or false and what makes them...

Grimmelmann on the Ethics of Copyright

Posted on August 06, 2009
James Grimmelmann (New York Law School) has posted The Ethical Visions of Copyright Law (77 Fordham Law Review 2005 (2009)) on SSRN. Here is the abstract: This symposium essay explores the imagined ethics of copyright: the ethical stories that people...

Book Announcement: The Therapy of Desire by Nussbaum in Paperback

Posted on August 06, 2009
Here is the announcement: The Therapy of Desire: Theory and Practice in Hellenistic Ethics Martha C. Nussbaum To read the entire book description, please visit: http://press.princeton.edu/titles/8894.html The Epicureans, Skeptics, and Stoics practiced philosophy not as a detached intellectual discipline, but...

Burk & Lemley on Industry Variation & Patent Law

Posted on August 06, 2009
Dan L. Burk and Mark A. Lemley (University of California, Irvine Law School and Stanford Law School) have posted Courts and the Patent System (Regulation, Vol. 32, No. 2, pp. 18-23, Summer 2009) on SSRN. Here is the abstract: Innovation...

Frischmann on "Patent Pull"

Posted on August 06, 2009
Brett M. Frischmann (Loyola University of Chicago - Law School) has posted The Pull of Patents (Fordham Law Review, Vol. 77, No. 5, p. 2143, 2008) on SSRN. Here is the abstract: This essay makes two related contributions. First, it...

DuVivier on Wind Rights Severance

Posted on August 05, 2009
K.K. DuVivier (University of Denver Sturm College of Law) has posted Animal, Vegetable, Mineral - Wind? The Severed Wind Power Rights Conundrum on SSRN. Here is the abstract: U.S. wind power capacity increased fifty percent in 2008, making wind one...

Duong on Southeast Asian Women in Law & the Legal Academy

Posted on August 05, 2009
Wendy Duong (University of Denver Sturm College of Law) has posted From Puccini?s Madam Butterfly to the Statue of the Awaiting Wife in North Vietnam: Where is Portia in the Vietnamese American Experience? on SSRN. Here is the abstract: Using...

Batchelder on Savings Incentives

Posted on August 05, 2009
Lily L. Batchelder (New York University School of Law) has posted Savings Incentives with Insurance Objectives: A Bankrupt Approach? on SSRN. Here is the abstract: This article argues that existing savings incentives with insurance objectives don?t work, and there is...

Gerald Cohen: 1941 ? 5 August 2009

Posted on August 05, 2009
I am saddened to report that Gerald (Jerry) has passed away. Here is a brief excerpt from the Wikipedia entry: Gerald Allan "Jerry" Cohen (1941 ? 5 August 2009) was a Marxist political philosopher, formerly the Chichele Professor of Social...

Park on Jury Trials in Korea

Posted on August 05, 2009
Ryan Park (Harvard University - Harvard Law School) has posted The Globalization of the Jury Trial: Lessons and Insights from Korea (American Journal of Comparative Law, Forthcoming) on SSRN. Here is the abstract: Recent years have witnessed the widespread diffusion...

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