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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

Klein on Martin v. Peyton

Posted on February 06, 2008
William A. Klein (University of California, Los Angeles - School of Law) has posted Martin V. Peyton: Rich Investors, Risky Investment, and the Line between Lenders and Undisclosed Partners (CORPORATE LAW STORIES, Mark Ramseyer (ed.), NY: Foundation Press, 2008) on...

Smith on Piercing the Corporate Veil

Posted on February 06, 2008
Douglas G. Smith (George Mason University School of Law) has posted Piercing the Corporate Veil in Regulated Industries on SSRN. Here is the abstract: This article addresses the theoretical justifications for limited liability and the exceptions to limited liability under...

Tarkington on Beneficial National Bank v. Anderson

Posted on February 06, 2008
Margaret Tarkington (Brigham Young University - J. Reuben Clark Law School) has posted Rejecting the Touchstone: Complete Preemption and Congressional Intent after Beneficial National Bank v. Anderson (South Carolina Law Review, Vol. 59, No. 225, 2008) on SSRN...

Book Announcement: Evolution of the Trade Regime by Barton, Goldstein, Josling, and Steinberg

Posted on February 05, 2008
The Evolution of the Trade Regime Politics, Law, and Economics of the GATT and the WTO John H. Barton, Judith L. Goldstein, Timothy E. Josling, & Richard H. Steinberg To read the entire book description or a sample chapter, please...

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Del Mar on the Ethics of Legal Theory

Posted on February 05, 2008
Maksymilian T. Del Mar (University of Edinburgh) has posted The Ethics of Legal Theory: Towards Pluralist Pragmatism on SSRN. Here is the abstract: This paper argues for the adoption of pluralist pragmatism about concepts of law. The first part of...

Morgan on Mill's Liberalism & Group Defamation

Posted on February 05, 2008
Glyn Morgan (Harvard University) has posted Mill's Liberalism, Security, and Group Defamation on SSRN. Here is the abstract: Western liberal democracies do not treat all forms of expression in the same way. Typically, they treat some categories of expression as...

Lecture Announcement: Carty at Cardozo on Philosophizing International Law

Posted on February 05, 2008
The Program in Law and Humanities and the Cardozo Journal of International and Comparative Law present Philosophizing International Law: From an Order of Fear to an Order of Respect Professor Anthony Carty Professor of Public Law, University of Aberdeen Tuesday,...

Neuman on Ecosystem Services & Forest Watersheds

Posted on February 05, 2008
Janet C. Neuman (Lewis & Clark Law School) has posted Thinking Inside the Box: Looking for Ecosystem Services within a Forested Watershed (Journal of Land Use & Environmental Law, Vol. 22, No. 2, 2007) on SSRN. Here is the abstract:...

Project Announcement: Criminal Law Conversations

Posted on February 04, 2008
Criminal Law Conversations Leading Scholars Debate the Fundamental Questions of Modern Criminal Law http://www.law.upenn.edu/phr/conversations/status/ * Peer?engaged ? community of scholars nominates works on which to comment * Short comments (800 words) by those interested, with author response * Direct engagement...

Bix on Marriage Regulation

Posted on February 04, 2008
Brian Bix (University of Minnesota Law School) has posted Pluralism and Decentralization in Marriage Regulation on SSRN. Here is the abstract: This paper, written for a Conference on "Multi-Tiered Marriage," explores what the State role in regulating marriage is, and...

Magarian on Media Regulation

Posted on February 04, 2008
Gregory P. Magarian (Villanova University School of Law) has posted Substantive Media Regulation in Three Dimensions (George Washington Law Review, Vol. 76, 2008) on SSRN. Here is the abstract: Changes in the political and regulatory climates are prompting calls to...

Powell on Inverted Critical Race Theory

Posted on February 04, 2008
Cedric Merlin Powell (Louis D. Brandeis School of Law at the University of Louisville) has posted Rhetorical Neutrality: Colorblindness, Frederick Douglass, and Inverted Critical Race Theory on SSRN. Here is the abstract: My article is a forward-looking, historical piece that...

Call for Papers: Environmental Philosophy at Pittsburg

Posted on February 04, 2008
CALL FOR PAPERS The International Association for Environmental Philosophy 18-20 October 2008, Pittsburgh, PA The International Association for Environmental Philosophy (IAEP) invites paper proposals for its twelfth annual conference, to be held in Pittsburgh on October 18-20, 2008, immediately after...

Dellapenna on the Presidential Authority & Terrorism

Posted on February 04, 2008
Joseph W. Dellapenna (Villanova University School of Law) has posted Presidential Authority and the War on Terror (ILSA Journal of International Law and Comparative Law, Vol. 13, p. 25) on SSRN. Here is the abstract: Immediately after the attacks on....

Cottrol on the Right to Bear Arms

Posted on February 04, 2008
Robert J. Cottrol (George Washington University Law School) has posted Public Safety and the Right to Bear Arms (Bill of Rights in Modern America, 2008) on SSRN. Here is an excerpt (no abstract posted): Briefly stated, the debate over the...

Legal Theory Lexicon: Conduct Rules and Decision Rules

Posted on February 03, 2008
Introduction Substantive rules of law (such as the rules of torts, contract, and property) are usually assumed to be addressed to two audiences. As conduct rules, the substantive law is addressed to everyone (citizens, officials, and noncitizens). Thus, property law...

Legal Theory Bookworm

Posted on February 02, 2008
The Legla Theory Bookworm recommends Offences and Defences: Selected Essays in the Philosophy of Criminal Law by John Gardner. Here is a description: John Gardner's writings on the theory of criminal law have had a significant impact on the way...

Download of the Week

Posted on February 02, 2008
The Download of the Week is Many-Minds Arguments in Legal Theory by Adrian Vermeule. Here is the abstract: Many-minds arguments are flooding into legal theory. Such arguments claim that in some way or another, many heads are better than one;...

Barber & Fleming vs. Fish and a Comment on Constitutional Theory & the Philosophy of Language

Posted on February 01, 2008
Stanley Fish recently posted Does Constitutional Theory Matter on his New York Times Think Again column. Fish's column ranged over many issues, but one target was Constitutional Interpretation: The Basic Questions, by Sot Barber and Jim Fleming and recently featured...

Sedler on Property & Speech

Posted on February 01, 2008
Robert A. Sedler (Wayne State University Law School) has posted Property and Speech (Washington University Journal of Law and Policy, Vol. 21) on SSRN. Here is the abstract: This article was part of a Symposium on The Rehnquist Court and...

Sharma on Hacking

Posted on February 01, 2008
Raghav Sharma (National Law University, Jodhpur) has posted Peeping into a Hacker's Mind: Can Criminological Theories Explain Hacking? on SSRN. Here is the abstract: Computer networks and interconnected information highways have amplified the opportunities for new kinds of deviant behaviour...

Silver on Social Exclusion

Posted on February 01, 2008
Hilary Silver (Brown University) has posted The Process of Social Exclusion: The Dynamics of an Evolving Concept on SSRN. Here is the abstract: Most theorists maintain that social exclusion is a process, not only the condition reflecting the outcome of...

Zelinsky on the Dormant Commerce Clause & Tax

Posted on February 01, 2008
Edward A. Zelinsky (Benjamin N. Cardozo School of Law) has posted Rethinking Tax Nexus and Apportionment: Voice, Exit and the Dormant Commerce Clause on SSRN. Here is the abstract: The dormant Commerce Clause concept of tax nexus is best understood...

Sandefur on Creationism & Neutrality

Posted on February 01, 2008
Timothy Sandefur has posted Reason and Common Ground: A Response to the Creationists' "Neutrality" Argument on SSRN. Here is the abstract: Although it is a well-established scientific fact, evolution remains a controversial subject in the United States, and especially the...

Electoral College Reform at Michigan's First Impressions

Posted on January 31, 2008
The Michigan Law Review has announced an online symposium: The Michigan Law Review?s companion journal First Impressions today published an online symposium on Recent Proposals for Electoral College Reform. Several proposals for changing the manner in which electoral votes are...

de S�pibus on EU Emmissions Trading

Posted on January 31, 2008
Jo�lle de S�pibus (University of Fribourg) has posted Scarcity and Allocation of Allowances in the EU Emissions Trading Scheme - A Legal Analysis (NCCR Trade Regulation Working Paper No. 2007/32) on SSRN. Here is the abstract: The European Union Emission...

Schwarzschild on Private Law

Posted on January 31, 2008
Maimon Scharzschild has posted Keeping It Private on SSRN. Here is the abstract: Public law adjudication has grown dramatically in recent decades in many English-speaking countries. In the United States, and increasingly in other countries where it used to be...

Carbonara , Parisi, and von Wangenheim on Unlawful Norms & Unjust Laws

Posted on January 31, 2008
Emanuela Carbonara , Francesco Parisi and Georg von Wangenheim (University of Bologna - Department of Economics , University of Minnesota - Law School and University of Kassel) have posted Unjust Laws and Illegal Norms on SSRN. Here is the abstract:....

Call for Abstracts: Metaethics Workshop at Wisconsin

Posted on January 31, 2008
This is a call for abstracts for the Fifth Annual Metaethics Workshop, to be held at the University of Wisconsin, Madison, on September 12-14, 2008. Simon Blackburn (Cambridge/UNC) and Joseph Raz (Columbia/Oxford) will be the keynote speakers. Abstracts (of 2-3...

Conference Announcement: Anscombe at Princeton

Posted on January 31, 2008
Thomistic Seminar 2008 Elizabeth Anscombe: Ethics, Value, and Practice August 18-22, 2008, Princeton, NJ Faculty John Haldane (St Andrews) Gavin Lawrence (UCLA) Michael Pakaluk (Clark) Thomas Pink (Kings, London) David Solomon (Notre Dame) Elizabeth Anscombe (1919-2001) is widely regarded as...

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