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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

Markel on Retributive Damages

Posted on March 28, 2008
Dan Markel has posted Retributive Damages to SSRN. Here is the abstract: Not long ago, Professor Cass Sunstein lamented that our legal culture lacks a full normative account of the relationship between retributive goals and punitive damages. This Article offers...

Gowans on Virtue and Nature

Posted on March 28, 2008
Christopher W. Gowans (Philosophy, Fordham University) has posted Virtue and Nature on the Internet. Here is the abstract: The Neo-Aristotelian ethical naturalism of Philippa Foot and Rosalind Hursthouse purports to establish a naturalistic criterion for the virtues...

Siebecker on Corporate Speech

Posted on March 28, 2008
Michael R. Siebecker has posted Building a New Institutional' Approach to Corporate Speech (59 Ala. L. Rev. 247 (2008)) on SSRN. Here is the abstract: This Article represents the second installment in a three-part series designed to articulate a New....

Smith on Reliance

Posted on March 28, 2008
Matthew Smith has posted Reliance on the Internet. Here is a taste: Political philosophers, moral theorists and legal theorists have long emphasized the fragility of our agency ? how chance can render our best-laid plans into little more than inert...

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Tolson on Unconscious Discrimination

Posted on March 28, 2008
Franita Tolson has posted The Boundaries of Litigating Unconscious Discrimination: Firm-based Remedies in Response to a Hostile Judiciary on SSRN. Here is the abstract: The notion that a corporation has a duty under Delaware law to create an environment amenable...

Carter on a 13th Amendment Exclusionary Rule

Posted on March 28, 2008
William M. Carter Jr. (Temple University - James E. Beasley School of Law) has posted Toward a Thirteenth Amendment Exclusionary Rule as a Remedy for Racial Profiling (THE PROMISES OF LIBERTY: THIRTEENTH AMENDMENT ABOLITIONISM AND ITS CONTEMPORARY VITALITY, Alexander Tsesis,...

Balkin on "Positive & Normative" Living Constitutionalism

Posted on March 28, 2008
The latest post in Balkin's recent series on Living Constitutionalism is entitled What is Living Constitutionalism, Part II. Here is a taste: The more fruitful normative question is not what specific interpretive theory judges should adopt to ensure legitimacy, but...

Hockett on Distributive Justice in Normative Legal Theory

Posted on March 27, 2008
Robert C. Hockett (Cornell University - School of Law) has posted Taking Distribution Seriously on SSRN. Here is the abstract: It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less...

Rosati on Moral Objectivism & Relational Good

Posted on March 27, 2008
Connie S. Rosati (Philosophy, University of Arizona) has posted Objectivism and Relational Good on the Internet. Here is the abstract: In his critique of egoism as a doctrine of ends, G. E. Moore famously challenges the idea that something can...

Slocum on Contractionist Statutory Interpretation

Posted on March 27, 2008
Brian G. Slocum (University of Memphis - Cecil C. Humphreys School of Law) has posted The Problematic Nature of Contractionist Statutory Interpretations (Northwestern University Law Review Colloquy, Forthcoming) on SSRN. Here is the abstract: The main thesis of Daniel B...

Boso on Exclusion of Gay Sperm Donors

Posted on March 27, 2008
Luke A Boso (West Virginia University - College of Law) has posted The Unjust Exclusion of Gay Sperm Donors: Litigation Strategies to End Discrimination in the Gene Pool (West Virginia Law Review, Vol. 110, No. 2, 2008) on SSRN. Here...

Ruhl on Ecosystem Services

Posted on March 27, 2008
J.B. Ruhl (Florida State University College of Law) has posted Toward a Common Law of Ecosystem Services (St. Thomas Law Review, Vol. 18, No. 2, 2005) on SSRN. Here is the abstract: This article suggests ways in which the common...

Pettys on Popular Constitutionalism

Posted on March 27, 2008
Todd E. Pettys (University of Iowa - College of Law) have posted Popular Constitutionalism and Relaxing the Dead Hand: Can the People Be Trusted? (Washington Law Review, Forthcoming) on SSRN. Here is the abstract: A growing number of constitutional scholars...

Balkin on Living Constitutionalism, Part Three

Posted on March 27, 2008
Check out Jack Balkin's What is Living Constitutonalism? Here is a taste: In general, living constitutionalism of the sort I've described allows social and political mobilizations, working over long periods of time, to shift the interpretation and application of abstract...

Communication from the Vanderbilt Law Review

Posted on March 27, 2008
I am passing along the following communication from the Vanderbilt Law Review: It is the policy of the VANDERBILT LAW REVIEW to maintain approximately forty percent (five to seven articles) of our book space available for the fall 2008 submissions...

Schwarcz on Systemic Risk

Posted on March 26, 2008
Steven L. Schwarcz (Duke University School of Law) has posted Systemic Risk (Georgetown Law Journal, Vol. 91, No. 1, 2008) on SSRN. Here is the abstract: Governments and international organizations worry increasingly about systemic risk, under which the world's financial...

Colburn on Green Building

Posted on March 26, 2008
Jamison E. Colburn (Western New England College - School of Law) has posted Solidarity and Subsidiarity in a Changing Climate: Green Building as Legal and Moral Obligation on SSRN. Here is the abstract: This essay grew out of a symposium...

Friedman on State Constitutions

Posted on March 26, 2008
Lawrence Friedman (New England School of Law) has posted Reactive and Incompletely Theorized State Constitutional Decision-Making (Mississippi Law Journal, Vol. 77, No. 1, 2007) on SSRN. Here is the abstract: In this article, I argue that, when state courts have...

Flanders on Baron on Bioethics

Posted on March 26, 2008
Chad Flanders (Yale Law School) has posted Review of Jonathan Baron, Against Bioethics on SSRN. Here is the abstract: This is a short review of a recent book by Jonathan Baron, entitled "Against Bioethics."

Wilson on the Fourth Amendment

Posted on March 26, 2008
Melanie D. Wilson (University of Kansas School of Law) has posted Returning Reasonableness to the Fourth Amendment on SSRN. Here is the abstract: The Supreme Court's Fourth Amendment jurisprudence has been oft criticized. The criticism is not surprising or undeserved...

Hill on Moral Constructivism

Posted on March 26, 2008
Thomas E. Hill (Philosophy, University of North Carolina at Chapel Hill) has posted Moral Constructivism as a Task: Sources and Limits on the Internet. Here is the abstract: This essay first distinguishes different questions regarding moral objectivity and relativism and...

Pruitt on Critical Geography & Rural Women

Posted on March 25, 2008
Lisa R. Pruitt (University of California, Davis - School of Law) has posted Of Spaces and Spheres: What Critical Geography Can Teach Law about Rural Women on SSRN. Here is the abstract: Like other legal scholars, feminists often think about...

Baworowsky on Corporate Religious Speech

Posted on March 25, 2008
Julie Marie Baworowsky (Notre Dame Law School) has posted From Public Square to Market Square: Theoretical Foundations of First and Fourteenth Amendment Protection of Corporate Religious Speech (Notre Dame Law Review, Vol. 83, No. 4, 2008) on SSRN. Here is...

Baker on Constitutional Treatment of Family Relationships

Posted on March 25, 2008
Katharine K. Baker (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Family, the Law, and the Constitution(s) on SSRN. Here is the abstract: This article explores the constitutional reasons for and the constitutional implications of the current...

Jones on Darfur & the Authority of Law

Posted on March 25, 2008
Samuel V. Jones (John Marshall Law School - Chicago) has posted Darfur, the Authority of Law, and Unilateral Humanitarian Intervention (University of Toledo Law Review, Vol. 39, p. 97, 2007) on SSRN. Here is the abstract: Despite the massive atrocities...

McCall on the Lost Theory of Usery

Posted on March 25, 2008
Brian McCall (University of Oklahoma College of Law) has posted Unprofitable Lending: Modern Credit Regulation and the Lost Theory of Usury on SSRN. Here is the abstract: With almost daily news stories about the crisis in our credit markets, it...

Shapiro on Precedent & Constituitonal Adjudication

Posted on March 25, 2008
David L. Shapiro (Harvard Law School) has posted The Role of Precedent in Constitutional Adjudication: An Introspection (Texas Law Review, Vol. 86, No. 5, 2008) on SSRN. Here is the abstract: Much scholarly interest in recent years has centered on...

Call for Papers: The Good Life & Technology at Tortonto

Posted on March 25, 2008
The Good Life In a Technological Age Theme: The implications of contemporary technology for the quality of life Begins: Thu, 12 Jun 2008 Ends: Sat, 14 Jun 2008 Location: Enschede Netherlands Registration fee: none Last date for paper submission: Mon,...

Pozen on Norm Entrepreneurs

Posted on March 24, 2008
David Pozen (Yale Law) has posted We Are All Entrepreneurs Now on SSRN. Here is the abstract: A funny thing happened to the entrepreneur in legal, business, and social science scholarship. She strayed from her capitalist roots, took on more...

McMahon on the Laws of War

Posted on March 24, 2008
Jeff McMahon (Rutgers, New Brunswick) has posted Laws of War on the Internet. Here is a taste: Doctrines of the just war predate formulations of the law of war by many centuries. Yet classical accounts of the just war are...

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