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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

Wendel on Bruff, Goldsmith, Mayer, & Sands on the Torture Memos

Posted on June 23, 2009
W. Bradley Wendel (Cornell Law School) has posted The Torture Memos and the Demands of Legality on SSRN. Here is the abstract: This review essay considers five recent books concerning the role of governmetn lawyers in the Bush Administration's war...

Zamir & Medina on Private & Public Morality

Posted on June 23, 2009
Eyal Zamir and Barak Medina (Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law) have posted Private and Public Morality (LAW, ECONOMICS AND MORALITY, Oxford University Press, Forthcoming) on SSRN. Here is...

Poirier on Same Sex Marriage & Gender as Performance

Posted on June 22, 2009
Marc R. Poirier (Seton Hall University - School of Law) has posted Gender, Place, Discursive Space: Where is Same-Sex Marriage? (Florida International University Law Review, Vol. 3, No. 2, p. 307, 2008) on SSRN. Here is the abstract: Performances of....

Bommarito, Katz, & Zelner on Network Representations of Supreme Court Decisions

Posted on June 22, 2009
Michael James Bommarito II , Daniel Martin Katz and Jon Zelner (University of Michigan at Ann Arbor - Center for Study of Complex Systems , University of Michigan - Department of Political Science and University of Michigan at Ann Arbor...

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Hasen on NAMUDNO

Posted on June 22, 2009
Check out Rick Hasen's Initial Thoughts on NAMUDNO: Chief Justice Roberts Blinked for analysis of the surprising decision that rests on "constitutional avoidance" grounds.

Shin on Equal Treatment

Posted on June 22, 2009
Patrick Shin (Suffolk University Law School) has posted The Substantive Principle of Equal Treatment (Legal Theory, Vol. 15, 2009) on SSRN. Here is the abstract: This paper attempts to identify a principle of equal treatment that gives specific structure to...

Pardy on Markets, Ecosystems, and Legal Instrumentalism

Posted on June 22, 2009
Bruce Pardy (Queen's University - Faculty of Law) has posted The Hand is Invisible, Nature Knows Best, and Justice is Blind: Markets, Ecosystems, Legal Instrumentalism, and the Natural Law of Systems (Tulsa Law Review, Vol. 44, pps. 67-92, 2009) on...

Calo on White on Living Speech

Posted on June 22, 2009
Zachary R. Calo (Valparaiso University School of Law) has posted Law, Language and Love: James Boyd White?s Living Speech: Resisting the Empire of Force (Journal of Law, Philosophy and Culture, Forthcoming) on SSRN. Here is the abstract: A review essay...

Lerner & Lund on District of Columbia v. Heller

Posted on June 22, 2009
Craig S. Lerner and Nelson Lund (George Mason University - School of Law and George Mason University School of Law) have posted Heller and Nonlethal Weapons (Hastings Law Journal, Forthcoming) on SSRN. Here is the abstract: Two important opinions in....

Legal Theory Lexicon: Transparency

Posted on June 21, 2009
Introduction Sooner or later, most law students encounter the idea that "transparency" (as opposed to "opaqueness") is a desirable characteristic in markets, procedures, and governance institutions (both private and public). But what is "transparency" and why is it a good...

Legal Theory Bookworm

Posted on June 21, 2009
The Legal Theory Bookworm recommends How Do You Know?: The Economics of Ordinary Knowledge by Russell Hardin. Here is a description: How do ordinary people come to know or believe what they do? We need an account of this process...

Download of the Week

Posted on June 21, 2009
The Download of the Week is Rawlsian Affirmative Action by Robert S. Taylor. Here is an except from the introduction: What implications does Rawls?s justice as fairness have for affirmative?action policies? Surprisingly, Rawls never addressed this issue in his writings?apart...

Ibrahim on Debt as Venture Capital

Posted on June 19, 2009
Darian M. Ibrahim (University of Wisconsin Law School) has posted Debt as Venture Capital on SSRN. Here is the abstract: Venture debt, or loans to rapid-growth start-ups, is a puzzle. How are start-ups with no track records, positive cash flows,...

Dillard on Valuing Having Childre

Posted on June 19, 2009
Carter Dillard (Loyola University New Orleans) has posted Valuing Having Children (Journal of Law & Family Studies, Forthcoming) on SSRN. Here is the abstract: Are there objective values on which to base the claim of a right to procreate? Can...

Siegel on the Judicial Role

Posted on June 19, 2009
Andrew M. Siegel (Seattle University School of Law) has posted Notes Towards an Alternate Vision of the Judicial Role (Seattle University Law Review, Vol. 32, p. 511, 2009) on SSRN. Here is the abstract: As many scholars and critics have...

Kochan on Property, Public Choice, and the Permitting Process

Posted on June 19, 2009
Donald J. Kochan (Chapman University - School of Law) has posted Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines: Property and Public Choice in the Permitting Process (BYU Journal of Public Law, Vol. 24, No. 1, 2009)...

Lipshaw on the Financial Crisis, Complexity & Epistemology

Posted on June 19, 2009
Jeffrey M. Lipshaw (Suffolk University Law School) has posted The Epistemology of the Financial Crisis: Complexity, Causation, Law, and Judgment on SSRN. Here is the abstract: The focus on complexity as a problem of the financial meltdown of 2008-09 suggests...

Tsai on Langston Hughes's Poetry as Popular Constitutionalism

Posted on June 19, 2009
Robert L. Tsai (American University - Washington College of Law) has posted Langston Hughes: The Ethics of Melancholy Citizenship on SSRN. Here is the abstract: As a body of work, the poetry of Langston Hughes presents a vision of how...

Darmer on the Bybee-Yoo Memorandum

Posted on June 18, 2009
M. Katherine B. Darmer (Chapman University - School of Law) has posted Civil Liberties Lost, Waterboarding and the Legacy of the Bybee-Yoo 'Torture-Power' Memorandum: Reflections from an Erstwhile Bush Administration Apologist on SSRN. Here is the abstract: This symposium piece...

Goeschl & Swanson on Diffusion of Technology & IP Regimes

Posted on June 18, 2009
Timo Goeschl and Timothy M. Swanson (Department of Economics, University of Heidelberg and University College London - Department of Economics and Faculty of Law) have posted The Distributive Impact of Global Intellectual Property Regimes: An Empirical Assessment of Diffusion and...

Yen on Third Party Copyright Liability & Freedom of Speech

Posted on June 18, 2009
Alfred C. Yen (Boston College - Law School) has posted A First Amendment Perspective on the Construction of Third Party Copyright Liability (Boston College Law Review, Forthcoming) on SSRN. Here is the abstract: This Essay offers preliminary thoughts about the...

Ku, Sun, & Fan on Empirical Study of Copyright

Posted on June 18, 2009
Raymond Shih Ray Ku, Jiayang Sun and Yiying Fan (Case Western Reserve University - School of Law , Case Western Reserve University - Department of Statistics and Case Western Reserve University - Department of Statistics) have posted Does Copyright Law...

Conley, Broome, & Krawiec on Diversity on Corporate Boards

Posted on June 18, 2009
John M. Conley , Lissa L. Broome and Kimberly D. Krawiec (University of North Carolina at Chapel Hill - School of Law , University of North Carolina at Chapel Hill - School of Law and Duke University) have posted Narratives...

Anderson on Parentage & Assisted Reproductive Technology

Posted on June 18, 2009
Linda S. Anderson (Stetson University College of Law) has posted Adding Players to the Game: Parentage Determinations When Assisted Reproductive Technology is Used to Create Families (Arkansas Law Review, Vol. 62, No. 1, p. 29, 2009) on SSRN. Here is...

Lynk on Labor Law & Inequality

Posted on June 17, 2009
Michael S. Lynk (University of Western Ontario) has posted 'Labour Law and the New Inequality' on SSRN. Here is the abstract: Rising economic inequality in Canada and the Western world has become an unspoken but influential political theme over the...

Addis on Deiberative Democracy in Fractured Societies

Posted on June 17, 2009
Adeno Addis (Tulane University - School of Law) has posted Deliberative Democracy in Severely Fractured Societies (Indiana Journal of Global Legal Studies, Vol. 16, No. 1, 2009) on SSRN. Here is the abstract: The world is full of boundaries. Whatever...

Taylor on Rawlsian Affirmative Action

Posted on June 17, 2009
Robert S. Taylor has posted Rawlsian Affirmative Action (Ethics 119 (April 2009): 476?506) on the Chicago Journals Website (subscription required, many library have access). Here is the access: What implications does Rawls?s justice as fairness have for affirmative?action policies? Surprisingly,...

Burke & McCouch on Arthur Anderson v. Carlisle

Posted on June 17, 2009
Karen C. Burke and Grayson M.P. McCouch (University of San Diego School of Law and University of San Diego School of Law) have posted Carlisle: A 'Hollow Victory' on SSRN. Here is the abstract: Arthur Andersen LLP v. Carlisle is...

Harris on Accountability-Based Policing

Posted on June 17, 2009
David A. Harris (University of Pittsburgh - School of Law) has posted How Accountability-Based Policing Can Reinforce - Or Replace - The Fourth Amendment Exclusionary Rule (Ohio State Journal of Criminal Law, Vol. 7, 2009) on SSRN. Here is the...

Chander on Bainbridge on Chander on Non-Controlling Shareholders

Posted on June 16, 2009
Anupam Chander (University of California, Davis - School of Law) has posted Corporate Law's Distributive Design (Yale Law Journal Pocket Part, Forthcoming) on SSRN. Here is the abstract: I respond to Steve Bainbridge?s critique of my 2005 Yale Law Journal...

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