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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

Conference Announcement: Law & the Brain in New York

Posted on January 17, 2011
A conference entitled Law & the Brain: How Recent Advances in Neuroscience Impact the Law" will be held on March 15-16, 2011 in New York City. Click on the link for complete details on the outstanding lineup.

Conference Announcement: Liberalism, Constitutionalism, & Christianity at Campbell

Posted on January 17, 2011
The Campbell Law Review presents its annual 2011 symposium: Liberalism, Constitutionalism, and Christianity: Perspectives on the Influence of Christianity on Classical Liberal Legal Thought. The conference will consider the relationship between liberalism and Christianity and their influence on American constitutionalism...

Schauer on Virtue Jurisprudence & Particularism

Posted on January 17, 2011
Frederick Schauer (University of Virginia School of Law) has posted Must Virtue Be Particular? (LAW, VIRTUE & JUSTICE, A. Amaya, H. L. Ho, eds., Oxford, Hart Publishing, 2010) on SSRN. Here is the abstract: A resurgence of interest in virtue...

Pozen on Stevens on Judgment

Posted on January 17, 2011
David Pozen has posted Justice Stevens and the Obligations of Judgment (Loyola of Los Angeles Law Review, Vol. 44, No. 3, p. 101, 2011) on SSRN. Here is the abstract: How to sum up a corpus of opinions that spans...

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Gardner & Rossi on State Constitutional Law

Posted on January 17, 2011
James A. Gardner and Jim Rossi (University at Buffalo Law School, SUNY and Florida State University - College of Law) have posted Dual Enforcement of Constitutional Norms (NEW FRONTIERS OF STATE CONSTITUTIONAL LAW, Oxford University Press, 2011) on SSRN...

Weill on the Israeli Case for Judicial Review

Posted on January 17, 2011
Rivka Weill (Radzyner School of Law - Interdisciplinary Center) has posted The Israeli Case for Judicial Review and Why Should We Care on SSRN. Here is the abstract: Fifteen years after the Israeli Supreme Court decided in Mizrahi that Israel's...

Legal Theory Lexicon: Textualism

Posted on January 16, 2011
Introduction One of the most important topics in legal theory is ?legal interpretation,? the theory of the derivation of meaning from legal texts. Of course, legal interpretation is a very large topic, with several different dimensions and approaches...

Kovarovic on the Ticking Time Bomb & Torture

Posted on January 15, 2011
Kate Kovarovic (American University - Washington College of Law) has posted Our ?Jack Bauer? Culture: Eliminating the Ticking Time Bomb Exception to Torture (Florida Journal of International Law, Vol. 22, No. 2, 2010) on SSRN. Here is the abstract: After...

Legal Theory Bookworm

Posted on January 15, 2011
The Legal Theory Bookworm recommends Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms by Judith Resnik & Dennis Curtis on SSRN. Here is a description: By mapping the remarkable run of the icon of Justice, a woman...

Download of the Week

Posted on January 15, 2011
The Download of the Week is Picking an Unsettled Brain: The Role of Cognitive Complexity in Ideological Drift on the United States Supreme Court by Ryan J. Owens and Justin Wedeking. Here is the abstract: We examine whether policymakers can...

Symeonides on Choice of Law in 2010

Posted on January 14, 2011
Symeon C. Symeonides (Willamette University - College of Law) has posted Choice of Law in the American Courts in 2010: Twenty-Fourth Annual Survey (American Journal of Comparative Law, Vol. 59, 2011) on SSRN. Here is the abstract: This is the...

Bruner on Good Faith & Lyondell Chemical Company v. Ryan

Posted on January 14, 2011
Christopher M. Bruner (Washington and Lee University - School of Law) has posted Good Faith in Revlon-Land (New York Law School Law Review, Vol. 55, 2010/11) on SSRN. Here is the abstract: The Delaware Supreme Court has set a very...

Hamilton on Immature Citizens

Posted on January 14, 2011
Vivian Eulalia Hamilton (William & Mary Law School) has posted Immature Citizens and the State (Brigham Young University Law Review, Forthcoming) on SSRN. Here is the abstract: Citizens are born, but they are also made. How its citizens come to...

Conkle on Locke & Religious Liberty

Posted on January 14, 2011
Daniel O. Conkle (Indiana University School of Law-Bloomington) has posted Religious Truth, Pluralism, and Secularization: The Shaking Foundations of American Religious Liberty (Cardozo Law Review, Vol. 32, 2011) on SSRN. Here is the abstract: In this Essay, I recount John...

Motro on the Legal Consequences of Sex that Results in Pregnancy

Posted on January 14, 2011
Shari Motro (University of Richmond - School of Law) has posted The Price of Pleasure (Northwestern University Law Review, Vol. 104, No. 3, 2010) on SSRN. Here is the abstract: Condoms break. Diaphragms malfunction. Even hormonal contraceptives aren?t 100% effective...

Cousins on Political Mobilization of the Irish Poor in the 19th Century

Posted on January 14, 2011
Mel Cousins (Glasgow Caledonian University) posted Collective Action and the Poor Law: The Political Mobilisation of the Irish Poor, 1851?1878 (RIOTOUS ASSEMBLIES: REBELS, RIOTS AND REVOLTS IN IRELAND, W. Sheehan and M. Cronin, eds., Mercier, 2011) on SSRN...

Seymore on Atypical Inventions

Posted on January 14, 2011
Sean B. Seymore (Vanderbilt Law School) has posted Atypical Inventions (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: Patent law is constantly evolving to accommodate advances in science and technology. But, for a variety of reasons, some...

Pino on MacCormick's Theory of Legal Reasoning

Posted on January 13, 2011
Giorgio Pino (University of Palermo - School of Law - Dipartimento di Studi su Politica Diritto e Societ�) has posted Neil MacCormick on Interpretation, Defeasibility, and the Rule of Law on SSRN. Here is the abstract: The paper examines and...

Slobogin on the Fourth Amendment & Technology

Posted on January 13, 2011
Christopher Slobogin (Vanderbilt Law School) has posted Is the Fourth Amendment Relevant in a Technological Age? on SSRN. Here is the abstract: This work will be a chapter in a forthcoming book in The Future of the Constitution series, edited...

Tushnet on Constitutional Scholarship Fifty Years Ago

Posted on January 13, 2011
Mark Tushnet (Harvard Law School) has posted Harry Kalven and Kenneth Karst in the Supreme Court Review: Reflections after Fifty Years on SSRN. Here is the abstract: This Essay, written for the fiftieth anniversary volume of the Supreme Court Review,...

Vollaard on Incapacitation Effects of Sentencing Enhancements for Frequent Offenders

Posted on January 13, 2011
Ben Vollaard (Tilburg University) has posted Preventing Crime Through Selective Incapacitation on SSRN. Here is the abstract: Making the length of a prison sentence conditional on an individual?s offense history is shown to be a powerful way of preventing crime...

Kovarovic on Intent, Incitement, & Genocide

Posted on January 13, 2011
Kate Kovarovic (American University - Washington College of Law) has posted One Spark Can Set a Fire: The Role of Intent in Incitement to Genocide on SSRN. Here is the abstract: The world was introduced to an entirely new method...

Abrams on the Reasonable Observer Standard in Establishment Clause Cases

Posted on January 13, 2011
Paula L. Abrams (Lewis & Clark Law School) has posted The Reasonable Believer: Faith, Formalism, and Endorsement of Religion on SSRN. Here is the abstract: The reasonable observer standard, used in Establishment Clause cases to determine whether government action endorses...

Rosenthal on Digital Preemption of Violations of Law

Posted on January 12, 2011
Daniel Rosenthal (Harvard Law School) has posted Assessing Digital Preemption (and the Future of Law Enforcement?) (New Criminal Law Review, Forthcoming Fall 2011) on SSRN. Here is the abstract: Like "child-safe" toys, modern technological tools can be designed to prevent...

Hemphill & Lemley on the 180 Day Exclusivity Period for Generic Drugs

Posted on January 12, 2011
C. Scott Hemphill and Mark A. Lemley (Columbia University - Law School and Stanford Law School) have posted Earning Exclusivity: Generic Drug Incentives and the Hatch-Waxman Act on SSRN. Here is the abstract: ?Reverse? or ?exclusion? payments to settle pharmaceutical...

Pino on Shapiro on Legality

Posted on January 12, 2011
Giorgio Pino (University of Palermo - School of Law - Dipartimento di Studi su Politica Diritto e Societ�) has posted ?What?s the Plan?? On Interpretation and Meta-Interpretation in Scott Shapiro?s 'Legality' on SSRN. Here is the abstract: The aim of...

Bradley & Gulati on Customary International Law & Withdrawal Rights

Posted on January 12, 2011
Curtis A. Bradley and G. Mitu Gulati (Duke University - School of Law and Duke University - School of Law) have posted Customary International Law and Withdrawal Rights in an Age of Treaties (Duke Journal of Comparative & International Law,...

Zick on the Trans-Border First Amendment

Posted on January 12, 2011
Timothy Zick (William & Mary Law School) has posted The First Amendment in Trans-Border Perspective: Toward a More Cosmopolitan Orientation (Boston College Law Review, Forthcoming) on SSRN. Here is the abstract: This Article examines the First Amendment?s critical trans-border dimension...

Owens & Wedeking on Predicting Ideological Drift of Supreme Court Justices

Posted on January 12, 2011
Ryan J. Owens and Justin Wedeking (Harvard University and University of Kentucky - Dept. of Political Science) have posted Picking an Unsettled Brain: The Role of Cognitive Complexity in Ideological Drift on the United States Supreme Court on SSRN. Here...

Turner on Degrees of Property

Posted on January 11, 2011
Peter G. Turner (Faculty of Law, Cambridge) has posted Degrees of Property on SSRN. Here is the abstract: Navigating a way through a complex idea such as property can be tricky. What guides do we have? Jeremy Bentham showed the...

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