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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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Joh on Undercover Police Paticipation in Crime

Posted on July 10, 2009
Elizabeth E. Joh (U.C. Davis School of Law) has posted Breaking the Law to Enforce it: Undercover Police Participation in Crime (Stanford Law Review, Vol. 62) on SSRN. Here is the abstract: In Breaking the Law to Enforce It: Undercover...


Marcus on Trans-Substantivity

Posted on July 10, 2009
David Marcus (University of Arizona - James E. Rogers College of Law) has posted The Past, Present, and Future of Trans-Substantivity in Federal Civil Procedure (DePaul Law Review, Vol. 59, 2010) on SSRN. Here is the abstract: The trans-substantivity principle...


Rowe on Trade Secrets & Free Speech

Posted on July 10, 2009
Elizabeth A. Rowe (University of Florida - Fredric G. Levin College of Law) has posted Trade Secret Litigation and Free Speech: Is it Time to Restrain the Plaintiffs? (Boston College Law Review, 2009) on SSRN. Here is the abstract: Trade...


Fortney on Empirical Research on the Legal Profession

Posted on July 09, 2009
Susan Saab Fortney (Texas Tech University School of Law) has posted Taking Empirical Research Seriously (Georgetown Journal of Legal Ethics, Vol. 22, 2009) on SSRN. Here is the abstract: This essay considers how empirical research on the legal profession can...


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Shaffer & Pollack on Hard & Soft Law in Internatonal Governance

Posted on July 09, 2009
Gregory Shaffer and Mark A. Pollack (University of Minnesota - Twin Cities - School of Law and Temple University - Department of Political Science) have posted Hard vs. Soft Law: Alternatives, Complements and Antagonists in International Governance (Minnesota Law Review,...


McAffee on Treanor on Amar on the Ninth Amendment

Posted on July 09, 2009
Thomas McAffee (William S. Boyd School of Law, UNLV) has posted Taking History Seriously: Reflections on a Critique of Amar's Treatment of the Ninth Amendment in His Work on the Bill of Rights on SSRN. Here is the abstract: Dean...


Barkow on Prosecutors as Corporate Regulators

Posted on July 09, 2009
Rachel E. Barkow (New York University - School of Law) has posted The Prosecutor as Regulatory Agency (PROSECUTORS IN THE BOARDROOM: USING CRIMINAL LAW TO REGULATE CORPORATE CONDUCT, Anthony Barkow & Rachel Barkow, eds., NYU Press, Forthcoming) on SSRN...


Leiter on Nietzche on Freedom of the Will

Posted on July 09, 2009
Brian Leiter (University of Chicago Law School) has posted Nietzsche's Philosophy of Action (Blackwell Companion to Philosophy of Action, 2010) on SSRN. Here is the abstract: Nietzsche holds that people lack freedom of the will in any sense that would...


Vermeule on System Effects & the Constitution

Posted on July 09, 2009
Adrian Vermeule (Harvard University - Harvard Law School) has posted Foreword: System Effects and the Constitution (Harvard Law Review, Forthcoming) on SSRN. Here is the abstract: A system effect arises when the properties of an aggregate differ from the properties...


Dagan on Inclusion & Exclusion in Property Law

Posted on July 08, 2009
Hanoch Dagan (Tel Aviv University - Buchmann Faculty of Law) has posted Exclusion and Inclusion in Property on SSRN. Here is the abstract: Exclusion is in vogue in property discourse: the right to exclude is often considered property?s most defining....


Denton on the Recess Appointents Clause

Posted on July 08, 2009
Blake Denton (Government of the United States of America - 11th Circuit) has posted While the Senate Sleeps: Do Contemporary Events Warrant a New Interpretation of the Recess Appointments Clause? (Catholic University Law Review, Vol. 58, No. 751, 2009) on...


Gedicks on Originalism & Substantive Due Process

Posted on July 08, 2009
Frederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted Originalist Roots of Substantive Due Process: Higher-Law Constitutionalism and the Fifth Amendment (BYU Clark Memorandum, Forthcoming) on SSRN. Here is the abstract: The notion of ?substantive?...


Rosenthal on Mizner on Probable Cause

Posted on July 08, 2009
Lawrence Rosenthal (Chapman University - School of Law) has posted Probability, Probable Cause, and the Law of Unintended Consequences (Texas Law Review, Vol. 87, p. 63, 2009) on SSRN. Here is the abstract: This brief essay responds to Max Mizner's...


Chiodo on R. v. Big M Drug Mart Ltd

Posted on July 08, 2009
Suzie Chiodo (University of Western Ontario Faculty of Law) has posted Big M, Little Freedom: Accommodating Religion in a Secular Society on SSRN. Here is the abstract: By seeing religion as an aspect of life instead of a framework of...


Traum on Habeas & Equitable Tolling

Posted on July 08, 2009
Anne R. Traum (William S. Boyd School of Law, UNLV) has posted Last Best Chance for the Great Writ: Equitable Tolling and Federal Habeas Corpus (Maryland Law Review, Vol. 68, No. 3, 2009) on SSRN. Here is the abstract: This...


Kuo on Global Administrative Law & Global Constitutionalism

Posted on July 07, 2009
Ming-Sung Kuo (Max Planck Institute for Comparative Public Law and International Law) has posted Between Fragmentation and Unity: The Uneasy Relationship between Global Administrative Law and Global Constitutionalism (San Diego International Law Journal, Vol...


Innes & Mitra on an Honesty Experiment

Posted on July 07, 2009
Robert Innes and Arnab Mitra (University of Arizona - Department of Agricultural and Resource Economics and University of Arizona, Department of Economics) have posted Is Dishonesty Contagious? An Experiment on SSRN. Here is the abstract: When an individual believes that...


Haile on Sin Taxes

Posted on July 07, 2009
Andrew J Haile (Elon University School of Law) has posted Sin Taxes: When the State Becomes the Sinner on SSRN. Here is the abstract: To fill budget gaps, several state legislatures have proposed increasing existing taxes on tobacco and alcohol...


Humbach on Free Will

Posted on July 07, 2009
John A. Humbach (Pace University School of Law) has posted Free Will Ideology: Experiments, Evolution and Virtue Ethics on SSRN. Here is the abstract: Free will could never have evolved in a world of ordinary biological forces. There is, moreover,...


Kritzer on the Costs of Civil Justice

Posted on July 07, 2009
Herbert M. Kritzer (University of Minnesota Law School) has posted Fee Regimes and the Cost of Civil Justice (Civil Justice Quarterly, Vol. 28, 2009) on SSRN. Here is the abstract: The problem of costs in civil justice processes is an...


Hanna on Domestic Abuse

Posted on July 07, 2009
Cheryl Hanna (Vermont) has posted Behind the Castle Walls: Balancing Privacy and Security in Domestic Abuse Cases (Thomas Jefferson Law Review, Forthcoming) on SSRN. Here is the abstract: In this paper, adapted from the Ruth Bader Ginsburg keynote lecture at...


Kuo on Everson and Eisner on European Constitituionalism

Posted on July 07, 2009
Ming-Sung Kuo (Max Planck Institute for Comparative Public Law and International Law) has posted From Myth to Fiction: Why a Legalist-Constructivist Rescue of European Constitutional Ordering Fails (Oxford Journal of Legal Studies, Vol. 29, 2009) on SSRN...


Kornhauser on Gender & Capital Gains Taxation

Posted on July 06, 2009
Marjorie E. Kornhauser (Arizona State University - College of Law) has posted Gender and Capital Gains Taxation on SSRN. Here is the abstract: Most countries grant capital gains preferential treatment under their income tax laws by either excluding them from...


Giesen on Wrongful Birth, Wrongful Life, and Comparative Law

Posted on July 06, 2009
Ivo Giesen (Utrecht University) has posted Of Wrongful Birth, Wrongful Life, Comparative Law and the Politics of Tort Law Systems (Tydskrif vir Heedendaagse Romeins-Hollandse Reg (THRHR), Vol. 72, p.257, 2009) on SSRN. Here is the abstract: In analysing ?wrongful birth?...


Flatt & Collins on Environmental Enforcement

Posted on July 06, 2009
Victor Byers Flatt and Paul M. Collins Jr. (UNC Chapel Hill School of Law and University of North Texax) have posted Environmental Enforcement in Dire Straits - 'There is No Protection for Nothing and No Data for Free' (Notre Dame...


Albert on Presidentialism & Parliamentarism

Posted on July 06, 2009
Richard Albert (Boston College - Law School) has posted The Fusion of Presidentialism and Parliamentarism (American Journal of Comparative Law, Forthcoming) on SSRN. Here is the abstract: No question of constitutional design is more intensely debated than whether emerging democracies...


Griffin on the Wrong Person Defense

Posted on July 06, 2009
Lissa Griffin (Pace University School of Law) has posted Avoiding Wrongful Convictions: Re-Examining the 'Wrong-Person' Defense (Seton Hall Law Review, Vol. 39, 2009) on SSRN. Here is the abstract: This Article reviews the history of the right to present a...


Legal Theory Lexicon: The Rule of Law

Posted on July 05, 2009
Introduction This installment of the Legal Theory Lexicon provides a very short introduction to the idea of "the rule of law," aimed as usual at law students (especially first year law students) with an interest in legal theory. What is...


Legal Theory Bookworm

Posted on July 04, 2009
The Legal Theory Bookworm recommends A Failure of Capitalism: The Crisis of '08 and the Descent into Depression by Richard A. Posner. Here is a description: The financial and economic crisis that began in 2008 is the most alarming of...


Download of the Week

Posted on July 04, 2009
Catherine Fisk and Deborah C. Malamud (University of California, Irvine Law School and New York University - School of Law) have posted The NLRB in Administrative Law Exile: Problems with its Structure and Function and Suggestions for Reform (Duke Law...


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