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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

Kohn on the Constitutionality of Age Discrimination

Posted on December 21, 2010
Nina A. Kohn (Syracuse University - College of Law) has posted Rethinking the Constitutionality of Age Discrimination: A Challenge to a Decades-Old Consensus (UC Davis Law Review, Vol. 44, No. 1, 2010) on SSRN. Here is the abstract: The consensus...

Hayden on Abstention & Voting

Posted on December 21, 2010
Grant M. Hayden (Hofstra University - School of Law) has posted Abstention: the Unexpected Power of Withholding Your Vote (Connecticut Law Review, Vol. 43, No. 2, 2010) on SSRN. Here is the abstract: This Article examines the effect of abstentions...

Brophy on Constitutionalism and the Antebellum Cemetery

Posted on December 20, 2010
Check out Alfred Brophy's beautifully illustrated post, Constitutionalism and the Antebellum Cemetery, on the Faculty Lounge.

Lindahl on Immigration & Distributive Justice

Posted on December 20, 2010
Hans Lindahl (Tilburg University - Faculty of Philosophy) has posted In Between: Immigration, Distributive Justice, and Political Dialogue on SSRN. Here is the abstract: How is distributive justice possible with respect to immigration if political decisions about entry and membership...

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Eisenberg on Empirical Legal Studies

Posted on December 20, 2010
Theodore Eisenberg (Cornell University - School of Law) has posted The Origins, Nature, and Promise of Empirical Legal Studies and a Response to Concerns on SSRN. Here is the abstract: This article describes the origins of three movements in legal...

Google Books Ngram of the Day

Posted on December 20, 2010
First, "Empirical Legal Studies" (blue), "Law and Economics" (red), and "Law and Society" (green), from 1955-2008: And some detail on the growth of "Empirical Legal Studies" from 2000-2008: x

Fitzpatrick on Originalism & Summary Judgement

Posted on December 20, 2010
Brian T. Fitzpatrick (Vanderbilt Law School) has posted Originalism and Summary Judgement (Ohio State Law Journal, Vol. 71, No. 5, p. 919, 2010) on SSRN. Here is the abstract: Over the last several years, the Supreme Court has revolutionized modern...

Spece on Equal Protection & Substantive Due Process Challenges to the Patient Protection & Affordable Care Act

Posted on December 20, 2010
Roy G. Spece (University of Arizona - James E. Rogers College of Law) has posted Constitutional Attacks Against the Patient Protection and Affordable Care Act's 'Mandating' Certain Individuals and Employers to Purchase Insurance and, Simultaneously, Restricting Purchase by Undocumented Immigrants...

Levit on Narrative

Posted on December 20, 2010
Nancy Levit (University of Missouri at Kansas City - School of Law) has posted Reshaping the Narrative Debate (Seattle University Law Review, Vol. 34, 2011) on SSRN. Here is the abstract: In Reshaping the Work-Family Debate: Why Men and Class...

Legal Theory Lexicon: Rules, Standards, and Principles

Posted on December 19, 2010
Introduction Early on in law school, law students begin to realize that legal norms are not all cut from the same cloth. Some rules provide "bright lines," others "fuzzy lines," and yet others, no lines at all. The "reasonable person"...

Hall & Weiss on Human Rights & Remedies

Posted on December 18, 2010
Margaux J. Hall and David C. Weiss (Wilmer, Cutler, Pickering, Hale, & Dorr LLP and Skadden, Arps, Slate, Meagher & Flom LLP) have posted Human Rights and Remedial Equilibration: Equilibrating Socio-Economic Rights (Brooklyn Journal of International Law, Vol...

Legal Theory Bookworm

Posted on December 18, 2010
The Legal Theory Bookworm recommends Justice for Hedgehogs by Ronald Dworkin. Here is a description: The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work Ronald Dworkin argues that value...

Download of the Week

Posted on December 18, 2010
The Download of the Week is Citizens United and the Illusion of Coherence by Richard L. Hasen. Here is the abstract: The self-congratulatory tone of the majority and concurring opinions in last term?s controversial Supreme Court blockbuster, Citizens United v...

Schwartz & Petherbridge on the Use of Legal Scholarship by the Federal Circuit

Posted on December 17, 2010
David L. Schwartz and Lee Petherbridge (Chicago-Kent College of Law and Loyola Law School Los Angeles) have posted Legal Scholarship and the United States Court of Appeals for the Federal Circuit: An Empirical Study of a National Circuit on SSRN....

Hernandez on Hate Speech in Latin America

Posted on December 17, 2010
Tanya Kateri Hernandez (Fordham University School of Law) has posted Hate Speech and The Language of Racism in Latin America: A Lens for Reconsidering Global Hate Speech Restrictions and Legislation Models (University of Pennsylvania Journal of International Law, Forthcoming) on...

Dixon on Constitutional Amendments

Posted on December 17, 2010
Rosalind Dixon (University of Chicago - Law School) has posted Amending Constituting Identity on SSRN. Here is the abstract: Constitutional amendment procedures can create constitutional change in two ways: by providing evidence of popular support for constitutional change, and by...

Barnes & Mertz on Perceptions of Tenure by Law Professors

Posted on December 17, 2010
Katherine Y. Barnes (University of Arizona Rogers College of Law) & Elizabeth Mertz (University of Wisconsin - Madison) have posted Is it Fair? Law Professors? Perceptions of Tenure (Journal of Legal Education, 2011) on SSRN. Here is the abstract: This...

Flagg on Judicial Race Activism

Posted on December 17, 2010
Barbara Flagg (Washington University School of Law in St. Louis) has posted 'And Grace Will Lead Me Home': The Case for Judicial Race Activism on SSRN. Here is the abstract: In many respects we have come a long way since...

Hubbard on Personhood and Intelligent Artifacts

Posted on December 17, 2010
F. Patrick Hubbard (University of South Carolina - School of Law) has posted 'Do Androids Dream?': Personhood and Intelligent Artifacts (Temple Law Review, Vol. 83, 2010) on SSRN. Here is the abstract: This Article proposes a test to be used...

Hasen on Citizens United

Posted on December 16, 2010
Richard L. Hasen (Loyola Law School Los Angeles) has posted Citizens United and the Illusion of Coherence (Michigan Law Review, Vol. 109, 2011) on SSRN. Here is the abstract: The self-congratulatory tone of the majority and concurring opinions in last...

Taslitz on History, Happiness, and the Fourth Amendment

Posted on December 16, 2010
Andrew E. Taslitz (Howard University - School of Law) has posted The Happy Fourth Amendment: History and the People?s Quest for Constitutional Meaning (Texas Tech Law Review, Vol. 43, 2010) on SSRN. Here is the abstract: Much debate about the...

Lindsay on Shugerman on Judicial Elections

Posted on December 16, 2010
Matthew J. Lindsay (University of Baltimore - School of Law) has posted In Search of 'Laissez-Faire Constitutionalism' (Harvard Law Review Forum, Vol. 123, No. 5, pp. 55-78, March 2010) on SSRN. Here is the abstract: This article is a response...

Brazeal on the Constitution as Incompletely Theorized Agreement

Posted on December 16, 2010
Gregory Brazeal has posted A Machine Made of Words: Our Incompletely Theorized Constitution (University of New Hampshire Law Review, Vol. 9, 2011) on SSRN. Here is the abstract: The conventional wisdom says that the U.S. Constitution represents "a comfortable and...

Heller & Dubber on Comparative Criminal Law

Posted on December 16, 2010
Kevin Jon Heller and Markus D. Dubber (Melbourne Law School and University of Toronto - Faculty of Law) have posted Introduction: Comparative Criminal Law (THE HANDBOOK OF COMPARATIVE CRIMINAL LAW, Kevin Heller & Markus Dubber, eds., Stanford University Press 2010)...

Robinson on International Criminal Law & Liberalism

Posted on December 16, 2010
Darryl Robinson (Queen's University (Canada) Faculty of Law) has posted The Two Liberalisms of International Criminal Law (FUTURE PERSPECTIVES ON INTERNATIONAL CRIMINAL JUSTICE, C. Stahn, L. van den Herik, eds., 2010) on SSRN. Here is the abstract: This book chapter...

Poole on Proportionality

Posted on December 15, 2010
Thomas M. Poole (London School of Economics & Political Science) has posted Proportionality in Perspective on SSRN. Here is the abstract: This paper questions the received genealogy of proportionality, which traces its origins to continental European sources, especially German administrative...

Chesney on Military Custody & Habeas Corpus

Posted on December 15, 2010
Robert Chesney (University of Texas ? School of Law) has posted Who May Be Held? Military Detention Through the Habeas Lens (Boston College Law Review, Vol. 52, 2011) on SSRN. Here is the abstract: We lack consensus regarding who lawfully...

Persily on the Law of the Census

Posted on December 15, 2010
Nathaniel Persily (Columbia Law School) has posted The Law of the Census: How to Count, What to Count, Whom to Count, and Where to Count Them (Cardozo Law Review, Vol. 32, No. 3, 2011) on SSRN. Here is the abstract:...

Call for Papers: American Society for Legal History

Posted on December 15, 2010
American Society for Legal History The 2011 meeting of the American Society for Legal History will be in Atlanta, Georgia, November 10-13, 2011. The ASLH invites proposals on any facet or period of legal history, anywhere in the world. In...

Book Announcement: The Justice of Mercy by Meyer

Posted on December 15, 2010
The Justice of Mercy by Linda Ross Meyer Paper 978-0-472-11745-1 / $65.00 Publication Date: December 2010 "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy?...

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