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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 January 22, 2011
The Legal Theory Bookworm recommends The Arc of the Moral Universe and Other Essays by Joshua Cohen. Here is a description: In this collection of essays, Joshua Cohen locates ideas about democracy in three far-ranging contexts. First, he explores the...

Download of the Week

Posted on January 22, 2011
The Download of the Week is Must Virtue Be Particular? by Frederick Schauer (University of Virginia School of Law). Here is the abstract: A resurgence of interest in virtue ethics has spawned its counterpart in legal theory. But in both...

Boyd on Post-Copenhagen Climate Governance

Posted on January 21, 2011
William Boyd (University of Colorado Law School) has posted Climate Change, Fragmentation, and the Challenges of Global Environmental Law: Elements of a Post-Copenhagen Assemblage (University of Pennsylvania Journal of International Law, Vol. 32, No. 2, p...

Essert on Tort Law & Happiness

Posted on January 21, 2011
Christopher Essert (Queen's University Faculty of Law) has posted Tort Law and Happiness (Queen?s Law Journal, Vol. 36, p. 1, 2010) on SSRN. Here is the abstract: Tort law awards so-called Hedonic Damages to compensate Plaintiff for any loss of...

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Cohen on Social Epistemology & Reasons for Decisions

Posted on January 21, 2011
Mathilde Cohen (Columbia University) has posted The Social Epistemology of Public Institutions (NEW WAVES IN PHILOSOPHY OF LAW, Maksymilian del Mar, ed., Palgrave Macmillan, 2011, Columbia Public Law Research Paper) on SSRN. Here is the abstract: This article discusses what...

Conference Announcement: Valuing Lives at NYU

Posted on January 21, 2011
Valuing Lives: A Conference on Ethics in Health and the Environment March 5, 2011, New York University. http://bioethics.as.nyu.edu/object/bioethics.events.20110305.valuinglives Various policy issues in environmental and health-related matters force policymakers to trade human lives against other values...

Brettschneider on Rights of the Guilty

Posted on January 21, 2011
Corey L. Brettschneider (Brown University - Department of Political Science; Princeton University - Center for Human Values) has posted The Rights of the Guilty: Punishment and Political Legitimacy (Political Theory, Vol. 35, No. 2) on SSRN. Here is the abstract:...

Conference Announcement: Civil Recourse Theory at Florida State

Posted on January 21, 2011
Symposium on Civil Recourse Theory February 11-12 , 2011 at the Florida State University College of Law Tallahassee, Florida Presented by the Florida State University Law Review. Civil recourse theory is an account of private law (property, contract and especially...

Waldron on the Basis of Political Community & the Principle of Proximity

Posted on January 21, 2011
Jeremy Waldron (New York University (NYU) - School of Law) has posted The Principle of Proximity on SSRN. Here is the abstract: How should we think about, how should we model the basis of political community. To the extent that...

Orbach & Sjorberg on Backyard Chickens

Posted on January 21, 2011
Barak Y. Orbach and Frances R. Sjoberg (University of Arizona and University of Arizona - James E. Rogers College of Law) have posted Debating Over Backyard Chickens on SSRN. Here is the abstract: This paper supplements our Article, The Clucking...

Fishkin on Equal Citizenship and the Right to Vote

Posted on January 21, 2011
Joseph Fishkin (University of Texas School of Law) has posted Equal Citizenship and the Individual Right to Vote (Indiana Law Journal, Vol. 86, 2011) on SSRN. Here is the abstract: An emerging consensus among election law scholars urges courts to...

Sepper on Intelligence Sharing Networks & Accountability

Posted on January 20, 2011
Elizabeth Sepper (Columbia Law School) has posted Democracy, Human Rights, and Intelligence Sharing (Texas International Law Journal, Vol. 46, 2010) on SSRN. Here is the abstract: In this Article, the author explores the networks used by intelligence agencies to share...

Kruse on Jurisprudence & Legal Ethics

Posted on January 20, 2011
Katherine R. Kruse (William S. Boyd School of Law, UNLV) has posted The Jurisprudential Turn in Legal Ethics (Arizona Law Review, Forthcoming) on SSRN. Here is the abstract: When legal ethics developed as an academic discipline in the mid-1970s, its....

Short on Critiques of Coercive Regulation

Posted on January 20, 2011
Jodi L. Short (Georgetown University Law Center) has posted The Paranoid Style in Regulatory Reform on SSRN. Here is the abstract: The U.S. administrative state has been involved in a decades-long regulatory reform project encompassing both a shift away from...

Benvenisti & Downs on National Court Review of Transnational Private Regulation

Posted on January 20, 2011
Eyal Benvenisti (Tel Aviv University - Buchmann Faculty of Law) & George W. Downs (New York University - Wilf Family Department of Politics) have posted National Courts Review of Transnational Private Regulation on SSRN. Here is the abstract: Transnational private...

Habib on Gun Control After Heller & McDonald

Posted on January 20, 2011
Michael J. Habib (University of Connecticut - School of Law) has posted ?I?ll Give You My Gun When You Take it from My Cold, Dead Hands!? The Future of Gun Control Laws Post-McDonald and Heller and the Death of One-Gun-Per-Month...

MacAmhlaigh on European Legal Integration

Posted on January 20, 2011
Cormac S. Mac Amhlaigh (University of Edinburgh - School of Law) has posted Concepts of Law in Integration Through Law (and the Price of Constitutional Pluralism) (INTEGRATION THROUGH LAW REVISITED: THE MAKING OF THE EUROPEAN POLITY, D. Augenstein, ed...

Luban on Bradley & Gulati on Withdrawing from International Custom

Posted on January 19, 2011
David J. Luban (Georgetown University Law Center) has posted Opting Out of the Law of War: Comments on 'Withdrawing from International Custom' (Yale Law Journal, Vol. 120, p. 151, 2010) on SSRN. Here is the abstract: This paper is a...

Farber on the BP Blowout

Posted on January 19, 2011
Daniel A. Farber (University of California, Berkeley - School of Law) has posted The BP Blowout and the Social and Environmental Erosion of the Louisiana Coast on SSRN. Here is the abstract: The BP Oil Spill was yet another blow...

Craig on Feminist & Queer Legal Theories

Posted on January 19, 2011
Elaine Craig (Schulich School of Law, Dalhousie University) has posted Converging Feminist and Queer Legal Theories: Family Feuds and Family Ties (Windsor Yearbook of Access to Justice, Vol. 28, p. 209, 2010) on SSRN. Here is the abstract: The notion...

Martin on Constitutional Constraints on Armed Conflict

Posted on January 19, 2011
Craig Martin (University of Baltimore School of Law) has posted Taking War Seriously: A Model for Constitutional Constraints on the Use of Force, in Compliance with International Law (Brooklyn Law Review, Vol. 76, No. 2, 2011) on SSRN. Here is...

Brudney on Confirmatory Legislative History

Posted on January 19, 2011
James J. Brudney (Ohio State University Moritz College of Law) has posted Confirmatory Legislative History on SSRN. Here is the abstract: The Supreme Court and lower courts often rely on legislative history to confirm or reinforce what they already have...

Teter on the Constitutionality of the Filibuster

Posted on January 19, 2011
Michael Teter (Pomona College) has posted Equality Among Equals: Is the Senate Cloture Rule Unconstitutional? (Marquette Law Review, Vol. 94, February 2011) on SSRN. Here is the abstract: The U.S. Senate now operates as a sixty-vote chamber. Nearly every action,...

Lanni on Transitional Justice in Ancient Athens

Posted on January 18, 2011
Adriaan Lanni (Harvard University - Harvard Law School) has posted Transitional Justice in Ancient Athens: A Case Study (University of Pennsylvania Journal of International Law, Vol. 32, No. 2, p. 551, 2010) on SSRN. Here is the abstract: This article...

Farber on Preemption

Posted on January 18, 2011
Daniel A. Farber (University of California, Berkeley - School of Law) has posted Federal Preemption of State Law: The Current State of Play on SSRN. Here is the abstract: This paper reviews the evolving case law on the boundary between...

Macagno on Dichotomies in Legal Argumentation

Posted on January 18, 2011
Fabrizio Macagno (Universidade Nova de Lisboa) and Douglas Walton have posted Dichotomies and Oppositions in Legal Argumentation (Ratio Juris, Vol. 23, pp. 229-257, 2010) on SSRN. Here is the abstract: In this paper we use a series of examples to...

Davies on the Probable Cause Standard & Founding-Era Law

Posted on January 18, 2011
Thomas Y. Davies (University of Tennessee College of Law) has posted How the Post-Framing Adoption of the Bare-Probable-Cause Standard Drastically Expanded Government Arrest and Search Power (Law and Contemporary Problems, Vol. 73, p. 1, 2010) on SSRN...

Sugarman on Horwitz's Influence

Posted on January 18, 2011
David Sugarman (Lancaster University - Law School) has posted ?Great Beyond His Knowing?: Morton Horwitz?s Influence on Legal Education and Scholarship in England, Canada and Australia (TRANSFORMATIONS IN AMERICAN LEGAL HISTORY ? LAW, IDEOLOGY AND METHODS: ESSAYS IN HONOR OF...

Buckley on Contract as Convention

Posted on January 18, 2011
F. H. Buckley (George Mason University School of Law) has posted Contract as Convention on SSRN. Here is the abstract: Contract theory is a curiously neglected field. While the efficiency of contract law rules has received much attention, the same...

Markel, Flanders, & Gray on Hedonic Adaptation & Punishment

Posted on January 17, 2011
Dan Markel , Chad Flanders and David C. Gray (Florida State University College of Law , Saint Louis University - School of Law and University of Maryland - School of Law) have posted Beyond Experience: Getting Retributive Justice Right (California...

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