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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

Journal Announcement: Columbia Law Review's Sidebar

Posted on January 31, 2008
Another online law review companion, this time from Columbia. Here is the announcment: The Columbia Law Review is Pleased to Announce Sidebar. The term "sidebar" has different meanings in different contexts. In a courtroom, when attorneys and judges have sidebar...

Tamanaha on Liberalism & the Rule of Law

Posted on January 30, 2008
Brian Z. Tamanaha (St. John's University - School of Law) has posted The Dark Side of the Relationship between the Rule of Law and Liberalism (NYU Journal of Law and Liberty, Vol. 33, 2008) on SSRN. Here is the abstract:...

Vermeule on Many Minds Arguments

Posted on January 30, 2008
Adrian Vermeule (Harvard University - Harvard Law School) has posted Many-Minds Arguments in Legal Theory on SSRN. Here is the abstract: Many-minds arguments are flooding into legal theory. Such arguments claim that in some way or another, many heads are...

Noonan, Sabel, & Simon on Child Welfare Reform

Posted on January 30, 2008
Kathleen G. Noonan , Charles Sabel and William H. Simon (Center for High Impact Philanthropy , Columbia Law School and Stanford Law School) have posted The Rule of Law in the Experimentalist Welfare State: Lessons from Child Welfare Reform on...

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Czarnezki, Ford, and Ringhand

Posted on January 29, 2008
Jason J. Czarnezki , William K. Ford and Lori A. Ringhand (Marquette University - Law School , John Marshall Law School - Chicago and University of Kentucky - College of Law) have posted An Empirical Analysis of the Confirmation Hearings...

Morrison on State Attorneys General & Prremption

Posted on January 29, 2008
Trevor W. Morrison (Cornell University - School of Law) has posted The State Attorney General and Preemption (Preemption Choice: The Theory, Law, and Reality of Federalisms Core Question William Buzbee ed., 2008) on SSRN. Here is the abstract: According to...

Fadel on Public Reason in Islamic Law

Posted on January 29, 2008
Mohammad Fadel (University of Toronto - Faculty of Law) has posted The True, the Good and the Reasonable: The Theological and Ethical Roots of Public Reason in Islamic Law (Canadian Journal of Law and Jurisprudence, Vol. 21, No. 1, 2008)...

Bix on Analytical Legal Philosophy

Posted on January 29, 2008
Brian Bix (University of Minnesota Law School) has posted On Philosophy in American Law: Analytical Legal Philosophy (ON PHILOSOPHY IN AMERICAN LAW, Francis J. Mootz, III, ed., Cambridge University Press, 2009) on SSRN. Here is the abstract: This short article...

Sherwin on Ethical Education

Posted on January 29, 2008
Richard K. Sherwin (New York Law School) has posted Sublime Jurisprudence: On the Ethical Education of the Legal Imagination in Our Time (Chicago-Kent Law Review, Vol. 83, No. 3, 2008) on SSRN. Here is the abstract: The broad dissemination of...

Call for Papers: Utilitarian Studies at Berkeley

Posted on January 28, 2008
CALL for PAPERS ISUS X ? 11-14 September 2008 U.C. Berkeley - Berkeley, California, U.S.A. The Tenth Conference of the International Society for Utilitarian Studies will be held on 11-14 September 2008, at the University of California, Berkeley (Berkeley, California,...

McCluskey on Economic Inequality & Marrriage Tax Reform

Posted on January 28, 2008
Martha T. McCluskey (University at Buffalo - Law School) has posted Razing the Citizen: Economic Inequality, Gender and Marriage Tax Reform (Dimensions of Women's Equal Citizenship, Forthcoming) on SSRN. Here is the abstract: This chapter links the failure of U...

Gordon on Social Choice & Corporate Law

Posted on January 28, 2008
Jeffrey N. Gordon (Columbia Law School) has posted Shareholder Initiative: A Social Choice and Game Theoretic Approach to Corporate Law on SSRN. Here is the abstract: By longstanding practice, shareholders of large public corporations have delegated almost all decision rights...

Legal Theory Lexicon: Virtue Ethics

Posted on January 27, 2008
Introduction The Legal Theory Lexicon already includes posts on Deontology and Utilitarianism--representing two important families of ethical theory. This week, the Lexicon provides an introduction to virtue ethics. As always, the Lexicon provides a quick and dirty summary with an...

Legal Theory Bookworm

Posted on January 27, 2008
The Legal Theory Bookworm recommends The Strategic Constitution by Robert D. Cooter. Here is a description: Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity...

Download of the Week

Posted on January 26, 2008
The Download of the Week is The New Wheel in the Federal Machine: From Sovereignty to Jurisdiction in the Early Republic by Alison L. LaCroix. Here is the abstract: The years between 1787 and 1802 witnessed a transformation in American...

Legal Theory Calendar

Posted on January 25, 2008
Downloadable papers from today's workshops: Chicago Crime & Punishment Workshop, Tom Tyler, Legitimacy and cooperation: Why do people help the police fight crime in their communities? Here is a taste: Past research indicates that legitimacy encourages compliance with the law...

Giannelli on Regulation of Crime Labs

Posted on January 25, 2008
Paul C. Giannelli (Case Western Reserve University School of Law) has posted Wrongful Convictions and Forensic Science: The Need to Regulate Crime Labs (North Carolina Law Review, Forthcoming) on SSRN. Here is the abstract: DNA testing has exonerated over 200...

Gordon on Independent Directors & Stocki Prices

Posted on January 25, 2008
Jeffrey N. Gordon (Columbia Law School) has posted The Rise of Independent Directors in the United States, 1950-2005: Of Shareholder Value and Stock Market Prices (Stanford Law Review, Vol. 59, p. 1465, 2007) on SSRN. Here is the abstract: Between...

Emon on the Limits of Constitutionalism in Islamic Societies

Posted on January 25, 2008
Anver M. Emon (University of Toronto - Faculty of Law) has posted The Limits of Constitutionalism in the Muslim World: History and Identity in Islamic Law (Constitutional Design for Divided Societies, Forthcoming) on SSRN. Here is the abstract: Governance in...

Bishop on the Deontological Significance of Nonprofit Corporate Governance Standards

Posted on January 25, 2008
Carter G. Bishop (Suffolk University Law School) has posted The Deontological Significance of Nonprofit Corporate Governance Standards: A Fiduciary Duty of Care without a Remedy (Catholic University Law Review, Vol. 57, 2008) on SSRN. Here is the abstract: Given the...

Wancheck on Demand for Adjudication & Arbitration

Posted on January 25, 2008
Tanya Wanchek (Weldon Cooper Center for Public Service, University of Virginia) has posted The Demand for Public Adjudication and Private Arbitration on SSRN. Here is the abstract: There are a number of seemingly unrelated puzzles in the institutional and administrative...

Sharma on Contract by Law in India

Posted on January 25, 2008
Raghav Sharma (National Law University, Jodhpur) has posted How Consensual is Compulsion: Growth of 'Contract by Law' in Socialist India on SSRN. Here is the abstract: Contract law is in a state of transition. From the rubble of the conceptions...

Bird & Zolt on Technology & Tax in Developing Countries

Posted on January 25, 2008
Richard M. Bird and Eric M. Zolt (University of Toronto - Joseph L. Rotman School of Management and UCLA School of Law) have posted Technology and Taxation in Developing Countries: From Hand to Mouse on SSRN. Here is the abstract:...

LaCroix on Sovereignty & Jurisdiction in the Early Republic

Posted on January 24, 2008
Alison L. LaCroix (University of Chicago Law School) has posted The New Wheel in the Federal Machine: From Sovereignty to Jurisdiction in the Early Republic on SSRN. Here is the abstract: The years between 1787 and 1802 witnessed a transformation...

Book Announcement: Justice by Wolterstorff

Posted on January 24, 2008
Book Announcement from Princeton University Press: Justice: Rights and Wrongs by Nicholas Wolterstorff To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8680.html Wide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory...

Lash on the Ninth, Federalism, and Majoritarianism

Posted on January 23, 2008
Kurt T. Lash (Loyola Law School Los Angeles) has posted Federalism, Freedom, and the Founders' View of Retained Rights (Stanford Law Review, Vol. 60, 2008) on SSRN. Here is the abstract: In A Textual-Historical Theory of the Ninth Amendment, 60...

Leiter on Historical Materialism & Legal Interdisciplinarity

Posted on January 23, 2008
Lot's of interesting material in Brian Leiter's post on interdiciplinarity. Let me focus on just one point: Solum's version of the evolution of interdisciplinary scholarship also attends entirely to intellectual forces, but as all Marxists and Posnerians know, it's a...

Legal Theory Calendar

Posted on January 23, 2008
Via the Legal Scholarship Blog, here are downloadable papers from today's workshops: NYU Legal History, Peter Hoffer (Georgia History), The Treason Trials of Aaron Burr: A Law Story from the Early Republic. Here is a taste: There is something almost....

Milligan on Justice as Fairness and Fetal Personood

Posted on January 23, 2008
Luke M. Milligan (University of Louisville School of Law) has posted A Theory of Stability: John Rawls, Fetal Homicide, and Substantive Due Process (87 Boston University Law Review, Vol. 87, p. 1177, 2007) on SSRN. Here is the abstract: The...

Legal Theory Calendar

Posted on January 22, 2008
Via Legal Scholarship Blog, downloadable papers from today's workshops: Chicago Law & Politics, Jeff Rachlinski (Cornell Law), Does Unconscious Bias Affect Trial Judges?. Here is a taste: The continued presence of implicit biases among judges should at least sound a...

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