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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

Waldron on the Desirability of Precision in Rules Regarding Torture & Assisted Suicide

Posted on December 15, 2010
Jeremy Waldron (New York University (NYU) - School of Law) has posted Torture, Suicide, and Determinatio (The American Journal of Jurisprudence, Vol. 55, 2010) on SSRN. Here is the abstract: In natural law theory, "determinatio" is the process by which...

Hayden & Ellis on Efficiency & Corporate Law Theory

Posted on December 15, 2010
Grant M. Hayden (Hofstra University - School of Law) & Stephen E. Ellis (University of Oklahoma) have posted The Cult of Efficiency in Corporate Law (Virginia Law & Business Review, Vol. 5, No. 2, Fall 2010) on SSRN. Here is...

Senftleben on EC Fair Use Doctrine

Posted on December 15, 2010
Martin Senftleben (VU University Amsterdam, Faculty of Law) has posted Bridging the Differences between Copyright's Legal Traditions ? The Emerging EC Fair Use Doctrine (Journal of the Copyright Society of the U.S.A., Vol. 57, No. 3, pp. 521-552, Spring 2010)...

Linderfalk on Jus Cogens

Posted on December 14, 2010
Ulf Linderfalk (Faculty of Law, Lund University) has posted What's so Special About Jus Cogens? On the Disinction between the Ordinary and the Peremptory International Law on SSRN. Here is the abstract: International lawyers distinguish between jus cogens and ordinary...

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Burbank & Subrin on Twombly & Iqbal as Procedural Attacks on Democracy

Posted on December 14, 2010
Stephen B. Burbank (University of Pennsylvania Law School) & Stephen Subrin have posted Litigation and Democracy: Restoring a Realistic Prospect of Trial (Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 46) on SSRN. Here is the abstract: In this...

Vermeule & Posner on Carl Schmitt

Posted on December 14, 2010
Adrian Vermeule and Eric A. Posner (Harvard University - Harvard Law School and University of Chicago - Law School) have posted Demystifying Schmitt (CAMBRIDGE COMPANION TO CARL SCHMITT, Forthcoming) on SSRN. Here is the abstract: Carl Schmitt is too important...

Waldron on Constitutionalism

Posted on December 14, 2010
Jeremy Waldron (New York University (NYU) - School of Law) has posted Constitutionalism: A Skeptical View on SSRN. Here is the abstract: This paper examines the ideology that goes by the name of "constitutionalism." The first part of the paper...

Book Announcement: Corporate Governance by Macey in Paperback

Posted on December 14, 2010
Corporate Governance Promises Kept, Promises Broken Jonathan R. Macey To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8739.htmlwhere you will also find a podcast interview with the author. Even in the wake of the biggest financial crash...

Book Announcement: The Long Divergence by Kuran

Posted on December 14, 2010
The Long Divergence How Islamic Law Held Back the Middle East Timur Kuran To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9273.html In the year 1000, the economy of the Middle East was at least as...

Wishnie on Proportionality in Immigration Policy

Posted on December 14, 2010
Michael J. Wishnie (Yale Law School) has posted Proportionality: The Struggle for Balance in U.S. Immigration Policy (University of Pittsburgh Law Review, Vol. 72, 2011) on SSRN. Here is the abstract: The current debate regarding state and local enforcement of...

Garry on the First Amendment & Equal Protection

Posted on December 14, 2010
Patrick M. Garry (University of South Dakota - School of Law) has posted An Equal Protection View of the First Amendment (Quinnipiac Law Review, Vol. 28, No. 4, p. 787, 2010) on SSRN. Here is the abstract: This article considers...

Freer & Arthur on Shady Grove & Byrd

Posted on December 13, 2010
Richard D. Freer and Thomas C. Arthur (Emory University School of Law and Emory University School of Law) have posted The Irrepressible Influence of Byrd (Creighton Law Review, Forthcoming) on SSRN. Here is the abstract: This piece will appear in...

Segall, Gans, and Gavison on Kymlicka on Multiculturalism

Posted on December 13, 2010
Shlomi Segall, Chaim Gans (Tel Aviv University - Buchmann Faculty of Law), Ruth E. Gavison (Hebrew University of Jerusalem - Faculty of Law), & Will Kymlicka (Queen's University) have posted Book Symposium on Will Kymlicka?s Multicultural Odysseys on SSRN...

Waldron on Secularism and the Limits of Community

Posted on December 13, 2010
Jeremy Waldron (New York University (NYU) - School of Law) has posted Secularism and the Limits of Community on SSRN. Here is the abstract: This paper addresses two issues: (1) the use of religious considerations in social and political argument;...

Individual Mandate Decision (Updated again with more links & analysis)

Posted on December 13, 2010
The decision was just handed down. As I read the opinion, there are three key take-away points: The individual mandate is outside of Congress's power under the Commerce Clause & the Necessary and Proper Clause because (a) it is not...

Weill on Vermeule on Law and the Limits of Reason

Posted on December 13, 2010
Rivka Weill (Radzyner School of Law - Interdisciplinary Center) has posted Can We Reason About Reason? On Adrian Vermeule?s Law and the Limits of Reason (Jerusalem Review of Legal Studies, Vol. 2, pp. 15-32, 2010) on SSRN. Here is the...

Harel on Vermeule on Law & the Limits of Reason

Posted on December 13, 2010
Alon Harel (Hebrew University of Jerusalem - Faculty of Law) has posted The Vices of Epistemic Institutionalism (Jerusalem Review of Legal Studies, Vol. 2, p. 5-15, 2010) on SSRN. Here is the abstract: This is Alon Harel's contribution to the...

Reflections on Bush v. Gore

Posted on December 13, 2010
On Election Law Blog: Rick Hasen has an introduction. Lyle Denniston, That Night at the Courthouse Ned Foley, Bush v. Gore in Historical Perspective (Moritz) Heather Gerken, Rethinking the 2000 Fiasco Rick Hasen, Election Hangover: The Real Legacy of Bush...

Book Announcement: The Handbook of Comparative Criminal Law, edited by Heller & Dubber

Posted on December 13, 2010
The Handbook of Comparative Criminal Law Edited by Kevin Heller & Markus Dubber This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage...

Legal Theory Lexicon: Social Welfare Functions

Posted on December 12, 2010
Introduction One of the key ideas in contemporary economic theory in general and law and economics in particular is the social welfare function. Law students without a background in economics might be put off by the fact that social welfare...

Legal Theory Bookworm

Posted on December 11, 2010
The Legal Theory Bookworm recommends Legality by Scott J. Shapiro. Here is a description: What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could...

Download of the Week

Posted on December 11, 2010
The Download of the Week is The Substance-Procedure Relationship in Criminal Law by Donald W. Dripps. Here is the abstract: This chapter, contributed to Philosophical Foundations of Criminal Law, edited by Antony Duff and Stuart Green, forthcoming from Oxford in...

Schuster on Technical Trained Judges & Patent Claim Construction Reversal Rates

Posted on December 11, 2010
W. Michael Schuster II (United States District Court (S.D. Tex., Houston Div.)) has posted Claim Construction and Technical Training: An Empirical Study of the Reversal Rates of Technically Trained Judges in Patent Claim Construction Cases on SSRN. Here is the...

Telman on Kelsen in the United States

Posted on December 10, 2010
D. A. Jeremy Telman (Valparaiso University School of Law) has posted A Path Not Taken: Hans Kelsen's Pure Theory of Law in the Land of the Legal Realists (HANS KELSEN ANDERSWO/HANS KELSEN ABROAD, pp. 353-376, Robert Walter, Clemens Jabloner &...

Berman on a Jurisprudence of Hybridity

Posted on December 10, 2010
Paul Schiff Berman (Princeton University and Sandra Day O'Connor College of Law) has posted Towards a Jurisprudence of Hybridity (Utah Law Review, No. 1, p. 11, 2010) on SSRN. Here is the abstract: In this Essay, I start by referencing...

Snyder on the Judicial Genealogy of John Roberts

Posted on December 10, 2010
Brad Snyder (University of Wisconsin Law School) has posted The Judicial Genealogy (and Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts (Ohio State Law Journal, Vol. 71, No. 1149, 2010) on SSRN. Here is the...

Johnson on the "Common Use" Standard & the Second Amendment

Posted on December 10, 2010
Nicholas James Johnson (Fordham University - School of Law) has posted The Second Amendment in the States and the Limits of the Common Use Standard on SSRN. Here is the abstract: This article shows how mechanical functionality and existing regulatory...

Viterbo on Childhood & the Israeli-Palestinian Case

Posted on December 10, 2010
Hedi Viterbo (London School of Economics - Law Department) has posted The Age of Conflict: Rethinking Childhood, Law, and Age Through the Israeli-Palestinian Case (Law & Childhood Studies - Current Legal Issues, Vol. 14, 2011) on SSRN. Here is the...

Batlan on Florence Kelley & Progressive Constitutionalism

Posted on December 10, 2010
Felice Batlan (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Florence Kelley and the Battle Against Laissez-Faire Constitutionalism on SSRN. Here is the abstract: The usual story of the demise of laissez-faire constitutionalism in the 1930?s features...

Jim�nez on EU Citizenship

Posted on December 09, 2010
Pablo Jim�nez (ANU Centre for European Studies) has posted EU Citizenship and Political Identity: The Demos and Telos Problems on SSRN. Here is the abstract: Citizenship is the cornerstone of a democratic polity. It provides a sense of belonging in...

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