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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

Fenster on the 9/11 Commission

Posted on March 14, 2008
Mark Fenster (University of Florida - Fredric G. Levin College of Law) has posted Designing Transparency: The 9/11 Commission and Institutional Form on SSRN. Here is the abstract: Surpassing the low expectations established by previous investigatory commissions and overcoming the...

Litman on Fair Use

Posted on March 14, 2008
Jessica Litman (University of Michigan) has posted Billowing White Goo (Columbia Journal of Law & the Arts, Forthcoming) on SSRN. Here is the abstract: In this paper, written for a symposium on Fair Use: Incredibly Expanding or Extraordinarily Shrinking?, I...

Rose on Sovereigns & Shares

Posted on March 14, 2008
Paul Rose (Ohio State University - Michael E. Moritz College of Law) has posted Sovereigns as Shareholders on SSRN. Here is the abstract: This paper considers the increasing impact of sovereign wealth funds as equity investors. Sovereign investment has been...

Keenan on Norms & Globalization

Posted on March 14, 2008
Patrick Keenan (University of Illinois - College of Law) has posted Do Norms Still Matter? The Corrosive Effects of Globalization on the Vitality of Norms (Vanderbilt Journal of Transnational Law, Forthcoming) on SSRN. Here is the abstract: Why does the...

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Madeira on Victim-Offender Relationships

Posted on March 14, 2008
Jody Lynee Madeira (Indiana University School of Law-Bloomington) has posted When it's so Hard to Relate: Can the Legal System Mitigate the Trauma of Victim-Offender Relationships? on SSRN. Here is the abstract: This article argues that, in the aftermath of...

Leiter on Standing

Posted on March 14, 2008
Amanda C. Leiter (Georgetown University - Law Center) has posted Substance or Illusion? The Dangers of Imposing a Standing Threshold on SSRN. Here is the abstract: Individuals and interest groups challenging agency action or inaction often must allege not that...

New in the American Political Science Review

Posted on March 14, 2008
James L. Gibson (Washington University, St. Louis), Challenges to the Impartiality of State Supreme Courts: Legitimacy Theory and ?New-Style? Judicial Campaigns (102:59-75): Institutional legitimacy is perhaps the most important political capital courts possess...

Claeys on Siegen on Economic Liberty

Posted on March 13, 2008
Eric Claeys (George Mason University School of Law) has posted Natural Rights, Economic Liberties, and the Privileges or Immunities of United States Citizenship: A Modest Tribute to Professor Siegan on SSRN. Here is the abstract: This Essay was written for...

O'Hare & Ribstein on Law Market Development in the United States and Europe

Posted on March 13, 2008
Erin A. O'Hara and Larry E. Ribstein (Vanderbilt University School of Law and University of Illinois College of Law) have posted Rules and Institutions in Developing a Law Market: Views from the U.S. and Europe. Here is the abstract: Developments...

Winick on Therapeutic Jurisprudence

Posted on March 13, 2008
Bruce J. Winick (University of Miami School of Law) has posted Therapeutic Jurisprudence and Victims of Crime (VICTIM PARTICIPATION IN JUSTICE: A THERAPEUTIC JURISDICTION PERSPECTIVE, Forthcoming) on SSRN. Here is the abstract: Therapeutic jurisprudence focuses attention on the emotional well-being...

Fletcher on Tribal Courts & the Indian Civil Rights Act

Posted on March 13, 2008
Matthew L.M. Fletcher (Michigan State University College of Law) has posted Tribal Courts, the Indian Civil Rights Act, and Customary Law: Preliminary Data on SSRN. Here is the abstract: This study is an attempt to assess the validity of my...

Bibas, Schanzenbach, & Tiller on Politics & Sentencing

Posted on March 13, 2008
Stephanos Bibas , Max M. Schanzenbach and Emerson H. Tiller (University of Pennsylvania Law School , Northwestern University - School of Law and Northwestern University - School of Law) have posted Policing Politics at Sentencing on SSRN. Here is the...

Peerenboom on Legal Reform in China

Posted on March 13, 2008
Randall Peerenboom (University of California, Los Angeles - School of Law) has posted What Have We Learned About Law and Development? Describing, Predicting and Assessing Legal Reforms in China (Michigan Journal of International Law, Vol. 27, pp. 823-871, Spring 2006)...

Bodo on Copynorms

Posted on March 13, 2008
Balazs Bodo has a nice post on copynorms (the social norms governing the conduct regulated by copyright law) on his CIS blog. Here is a taste: For me the question is not if there is a way to change norms...

Posner & Sunstein on Allocation of Greenhouse Gas Permits

Posted on March 13, 2008
Eric A. Posner and Cass R. Sunstein (University of Chicago Law School and University of Chicago - Law School) have posted Should Greenhouse Gas Permits Be Allocated on a Per Capita Basis? on SSRN. Here is the abstract: Many people...

Keenan on China, Africa, and Weatlh

Posted on March 12, 2008
Patrick Keenan (University of Illinois - College of Law) has posted Curse or Cure? China, Africa, and the Effects of Unconditioned Wealth on SSRN. Here is the abstract: This article addresses a fundamental question: how is the behavior of states...

Dunoff on Zampetti

Posted on March 12, 2008
Jeffrey L. Dunoff (Temple University - James E. Beasley School of Law) has posted Fairness in the World Economy: U.S. Perspectives on International Trade Relations (Book Review) (American Journal of International Law, Vol. 101, p. 207, 2007) on SSRN. Here...

Parks & Rachlinski on Unconscious Bias & the Presidential Election

Posted on March 12, 2008
Gregory Scott Parks and Jeffrey J. Rachlinski (Cornell University - School of Law and Cornell Law School) have posted Unconscious Bias and the 2008 Presidential Election on SSRN. Here is the abstract: The 2008 presidential campaign and election will be...

Witt on Counterinsurgency Damages

Posted on March 12, 2008
John Fabian Witt (Columbia) has posted Form and Substance in the Law of Counterinsurgency Damages (Loyola of Los Angeles Law Review, Forthcoming) on SSRN. Here is the abstract: American-style damages payments have become one of the ways the twenty-first century...

Perzanowski on Constitutional Limits on Quasi-Copyright

Posted on March 12, 2008
Aaron K. Perzanowski (Berkeley Center for Law & Technology) has posted The Penumbral Public Domain: Constitutional Limits on Quasi-Copyright Legislation (University of Pennsylvania Journal of Constitutional Law, Forthcoming) on SSRN. Here is the abstract: This Article attempts to reconcile the...

Lemos on Judiciall Administered Statutes & Nondelegation

Posted on March 12, 2008
Margaret H. Lemos (Benjamin N. Cardozo School of Law) has posted The Other Delegate: Judicially Administered Statutes and the Nondelegation Doctrine (Southern California Law Review, Vol. 81, 2008) on SSRN. Here is the abstract: The nondelegation doctrine is the subject...

Kolber on Split Brains

Posted on March 12, 2008
Adam Kolber (responding in part to a little prompting) has a post on Split Brains and Irrationality that replies to this post on Brains. Here is a taste of Kolber's post: "Is it possible that our chronic irrational behavior may...

Barnett on Dorf, Part Two (More on Living Constitutionalism)

Posted on March 12, 2008
Michael Dorf's post entitled, Can't We All Just Get Along?, has provoked a reply by Randy Barnett. Here is a taste of Barnett's post: I think Dorf is being completely open and honest about his views about constitutional interpretation and,...

Herman on Copyright Metaphors

Posted on March 11, 2008
Bill D. Herman (University of Pennsylvania) has posted Breaking and Entering My Own Computer: The Contest of Copyright Metaphors (Communication Law & Policy, Vol. 13, 2008) on SSRN. Here is the abstract: In the current debate over copyright law, those...

Faure & Johnston on Comparative Economics of Enviornmental Federalism

Posted on March 11, 2008
Michael G. Faure and Jason Scott Johnston (University of Maastricht - Faculty of Law and University of Pennsylvania Law School) have posted The Law and Economics of Environmental Federalism: Europe and the United States Compared on SSRN. Here is the....

Grong on the Judiciary's Role in Sentencing

Posted on March 11, 2008
Hans H. Grong (University of Minnesota - Twin Cities) has posted Toward a Robust Separation of Powers: Recapturing the Judiciary's Role at Sentencing (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: Twenty years ago, Congress fundamentally changed the...

Barnett on Dorf on Living Constitutionalism

Posted on March 11, 2008
Randy Barnett has an excellent post on Dorf on Living Constitutionalism. Here is a taste: The phrase "natural born citizens" is ambiguous. It could be a term of art at the time of the Founding that refers in part to...

Murphy on Natural Law Ethics

Posted on March 11, 2008
Mark Murphy has a revised version of The Natural Law Tradition in Ethics in the Stanford Encyclopedia of Philosophy. Here is a taste: ?Natural law theory? is a label that has been applied to theories of ethics, theories of politics,...

Ramsay on Civil Preventative Orders

Posted on March 11, 2008
Peter Ramsay (London School of Economics - Law Department) has posted The Theory of Vulnerable Autonomy and the Legitimacy of the Civil Preventative Order on SSRN. Here is the abstract: Criminologists and criminal law theorists have explained the ASBO and...

Leonard on "The Interpreter" (and irrational behavior)

Posted on March 11, 2008
Adam Leonard has a very nice post entitled Explaining Irrational Behavior on Brains. Here is a taste: Michael S. Gazzaniga is a pioneering neuroscientist in split-brain research who is currently Director of the SAGE Center for the Study of the...

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