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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

Lastowka on User-Generated Content & Virtual Worlds

Posted on February 29, 2008
Greg Lastowka (Rutgers School of Law - Camden) has posted User-Generated Content & Virtual Worlds (Vanderbilt Journal of Entertainment and Technology Law, Forthcoming) on SSRN. Here is the abstract: In this paper, I discuss the tension between virtual worlds and...

Craig on Rapanos v. United States

Posted on February 29, 2008
Robin Kundis Craig (Florida State University - College of Law) has posted Justice Kennedy and Ecosystem Services: A Functional Approach to Clean Water Act Jurisdiction after Rapanos on SSRN. Here is the abstract: Justice Kennedy's significant nexus test may emerge...

Tillman on the Incompatability Clause

Posted on February 29, 2008
Seth Barrett Tillman has posted Why Our Next President May Keep His or Her Senate Seat: A Conjecture on the Constitution's Incompatibility Clause on SSRN. Here is the abstract: In a few months, We the People will go to the...

Ringer on Immigration & the National Crime Information Database

Posted on February 29, 2008
Thom Ringer (Yale University, Law School) has posted Going Off the Record: Local Immigration Enforcement and the National Crime Information Center Database (American Journal of Criminal Law, Vol. 35, 2008) on SSRN. Here is the abstract: While immigration federalism has...

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Kerr on Criminal Law in Virtual Worlds

Posted on February 29, 2008
Orin S. Kerr (George Washington University - Law School) has posted Criminal Law in Virtual Worlds (University of Chicago Legal Forum, Forthcoming) on SSRN. Here is the abstract: When does conduct by an online player in a virtual world game...

McCain, Natural Born Citizens, and Originalism

Posted on February 29, 2008
Introduction There has been some discussion in the blogosphere recently of the constitutional requirement that the United States President be a "natural born citizen." Here is the relevant passage from Article II: No Person except a natural born Citizen, or...

2008 Entry Level Hiring Report: Version 2.0

Posted on February 29, 2008
Here is version 2.0 of the 2008 Entry Level Hiring Report. As of February 23, 2008, I have received 73 reports. Results are in the continuation of this post. Follow this link for instructions on submitting a report: How to...

Oberdiek on Specifying Rights Out of Necessity

Posted on February 29, 2008
John Oberdiek's Specifying Rights Out of Necessity is now available from the Oxford Journal of Legal Studies online. (You will need an account, but many colleges and universities have one). Here is the abstract: It is the purpose of this...

Zwolinski on Price Gouging

Posted on February 29, 2008
Matt Zwolinski has posted The Ethics of Price Gouging on SSRN. Here is the abstract: Price gouging occurs when, in the wake of an emergency, sellers of a certain necessary goods sharply raise their prices beyond the level needed to...

Borgman on Judicial Deference to Legislative Factfinding

Posted on February 29, 2008
Caitlin E. Borgman (City University of New York (CUNY) - School of Law) has posted Rethinking Judicial Deference to Legislative Factfinding on SSRN. Here is the abstract: It is traditionally assumed that the role of ascertaining and evaluating the social...

Schizer on the Charitable Deduction

Posted on February 28, 2008
David Schizer (Columbia Law School) has posted Subsidizing Charitable Contributions: Incentives, Information and the Private Pursuit of Public Goals on SSRN. Here is the abstract: The charitable deduction has enjoyed relatively little support in the legal academy...

Baldwin on Emissions Trading

Posted on February 28, 2008
Robert Baldwin (London School of Economics (LSE) - Department of Law) has posted Regulation Lite: The Rise of Emissions Trading on SSRN. Here is the abstract: Emissions trading is the governmentally - promoted hope for a sustainable world. In different...

Conference Announcement: Comparative Law in the Crimea

Posted on February 28, 2008
National Academy of Science of Ukraine Volodymyr Koretskyi Institute of State and Law Volodymyr Vernadskyi Tavrian National University Kyiv Law University Ukrainian Association of Comparative Law International scientific journal ?Comparative Legal Studies? Third international scientific seminar �Comparative Law: Current State...

Bridgeman on Contracts as Plans

Posted on February 28, 2008
Curtis Bridgeman (Florida State University - College of Law) has posted Contracts as Plans on SSRN. Here is the abstract: This paper offers an original theory of contract law that draws from recent work in the philosophy of action and...

Del Mar on Tradition & Discourse in Jurisprudence

Posted on February 28, 2008
Maksymilian T. Del Mar (University of Edinburgh) has posted Jurisprudential Inquiries between Tradition and Discourse on SSRN. Here is the abstract: This paper argues that jurisprudential inquiries can be profitably analysed as oriented towards either the explanatory paradigm of discourse...

Margulies on National Security Lawyering

Posted on February 28, 2008
Peter Margulies (Roger Williams University School of Law) has posted True Believers at Law: National Security Agendas, the Regulation of Lawyers, and the Separation of Powers on SSRN. Here is the abstract: Post-September 11 legal events have demonstrated that ideological...

Finnis on Grounds of Law

Posted on February 28, 2008
John Finnis (University of Oxford - Faculty of Law) has posted Grounds of Law and Legal Theory: A Response (Legal Theory, Vol. 13, pp. 315-344, 2008) on SSRN. Here is the abstract: Linking theses of Plato, Wittgenstein and Weber, section...

Welcome to the Blogosphere . . .

Posted on February 28, 2008
. . . to Commericial Law, featuring Jennifer S. Martin, Robyn L. Meadows, Marie T. Reilly, Keith A. Rowley, and Jim Chen.

Call for Papers: Politics and the Constitution

Posted on February 28, 2008
Conference on Politics and the Constitution San Francisco State University September 16-17, 2008 DEADLINE July 1, 2008. Call for Papers: Politics and the Constitution. San Francisco State University will host its fourth annual conference exploring the U...

Kwall on Zemer on Authorship

Posted on February 27, 2008
Roberta Rosenthal Kwall (DePaul University - College of Law) has posted The Author as Steward "for Limited Times": A Review of "The Idea of Authorship in Copyright" (Boston University Law Review, Vol. 88, 2008) on SSRN. Here is the abstract:...

Tushnet on Trademark & Cognitive Science

Posted on February 27, 2008
Rebecca Tushnet (Georgetown University - Law Center) has posted Gone in 60 Milliseconds: Trademark Law and Cognitive Science (Texas Law Review, Vol. 86, p. 507, 2008) on SSRN. Here is the abstract: Trademark dilution is a cause of action for...

Nussim on Distributive Effects of Neglience & Strict LIability

Posted on February 27, 2008
Jacob Nussim (Bar-Ilan University - Faculty of Law) has posted Distributive Aspects of Legal Standards on SSRN. Here is the abstract: There are various differences between a negligence regime and a strict liability regime; there are various differences between price...

Armstrong on Fair Circumvention under the DMCA

Posted on February 27, 2008
Timothy K. Armstrong (University of Cincinnati College of Law) has posted Fair Circumvention on SSRN. Here is the abstract: Judicial decisions construing the key liability provisions of the Digital Millennium Copyright Act, 17 U.S.C. � 1201, cluster around two incompatible...

Gostin & Archer on the Duty to Assist Needy States

Posted on February 27, 2008
Lawrence O. Gostin and Robert Archer (Georgetown University Law Center - O'Neill Institute for National and Global Health Law and International Council on Human Rights Policy) have posted The Duty of States to Assist Other States in Need: Ethics, Human...

Sokol & Stiegert on Tecnical Assistance to Regulatory Agencies

Posted on February 27, 2008
D. Daniel Sokol (University of Missouri School of Law; University of Florida Levin College of Law) & Kyle W. Stiegert (University of Wisconsin) have posted An Empirical Evaluation of Long Term Advisors and Short Term Interventions in Technical Assistance and...

Call for Papers: State Trial Judges

Posted on February 27, 2008
CALL FOR PAPERS The Widener Law Journal is commemorating the fiftieth anniversary of the founding of the National Conference of State Trial Judges by publishing essays and articles discussing the changes that have affected trial judges over the last fifty...

New in the Law Reviews

Posted on February 27, 2008
Yale Law Journal Jenny Martinez, Antislavery Courts and the Dawn of International Human Rights Law Between 1817 and 1871, bilateral treaties between Britain and several other countries (eventually including the United States) led to the establishment of international courts for...

Dougherty & Lastowka on Virtual Trademarks

Posted on February 26, 2008
Candidus Dougherty and Greg Lastowka (Rutgers School of Law - Camden and Rutgers School of Law - Camden) have posted Virtual Trademarks (Santa Clara Computer and High Technology Law Journal, Forthcoming) on SSRN. Here is the abstract: In this article,...

Allan on Waldron

Posted on February 26, 2008
James Allan (The University of Queensland - T.C. Beirne School of Law) has posted Jeremy Waldron and the Philosopher's Stone* (San Diego Law Review, Forthcoming) on SSRN. Here is the abstract: The author considers Jeremy Waldron's argument in favour of...

Metzger on Administrative Law as the New Federalism

Posted on February 26, 2008
Gillian E. Metzger (Columbia University - Columbia Law School) has posted Administrative Law as the New Federalism on SSRN. Here is the abstract: Few doubt the tremendous impact the modern national administrative state has had on our federal system. Yet...

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