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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

More on the Future of the Legal Academy

Posted on January 21, 2008
My post of Friday entitled Interdisciplinarity, Multidisciplinarity, and the Future of the Legal Academy was prompted by Brian Tamanaha's Why the Interdisciplinary Movement in Legal Academia Might be a Bad Idea (For Most Law Schools). For a collection of links...

Garrison on the Decline of Marriage

Posted on January 21, 2008
Marsha Garrison (Brooklyn Law School) has posted The Decline of Formal Marriage: Inevitable or Reversible? (Family Law Quarterly, Vol. 41, No. 3, 2007) on SSRN. Here is the abstract: All over the industrialized world, marriage is in decline. Cohabitation, which...

Miller on "Limitations Clauses" & Justification

Posted on January 21, 2008
Bradley W. Miller (University of Western Ontario, Faculty of Law) has posted Justification and Rights Limitations (EXPOUNDING THE CONSTITUTION: ESSAYS IN CONSTITUTIONAL THEORY, Grant Huscroft, ed., Cambridge University Press, 2008) on SSRN. Here is the abstract: A common feature of...

Kohler-Hausmann on Capital Punishment for Child Rape

Posted on January 21, 2008
Issa Kohler-Hausmann (Yale University) has posted Ordinal Proportionality in Punishment: A Case against Capital Punishment for Child Rape Under the Eighth Amendment on SSRN. Here is the abstract: This article argues that various theories of justice in punishment adhere to...

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Conference Announcement: Debt at Illinois

Posted on January 21, 2008
ILLINOIS LAW SCHOOL TO HOST MAJOR CONFERENCE ON 'DEBT' College of Law, American Bankruptcy Institute team up to host multi-disciplinary conference May 2-3 The University of Illinois College of Law has teamed with the American Bankruptcy Institute to present a...

Legal Theory Lexicon: Second Best

Posted on January 20, 2008
Introduction The post provides a very basic introduction to the idea of "second best." The term "second best" originated in a famous 1956 article by Lipsey and Lancaster (see bibliography), and it was originally used as a technical economic concept.....

Legal Theory Bookworm

Posted on January 19, 2008
The Legal Theory Bookworm recommends The Development of Ethics: From Socrates to the Reformation Volume 1 by Terence Irwin. Here is a description: Terence Irwin presents a historical and critical study of the development of moral philosophy over two thousand...

Download of the Week

Posted on January 19, 2008
The Download of the Week is Building a Better Judiciary by Suzanna Sherry and Daniel A. Farber. Here is the abstract: We have spent much of our academic careers arguing that judicial decision-making - even in constitutional cases - is...

Interdisciplinarity, Multidisciplinarity, and the Future of the Legal Academy

Posted on January 18, 2008
Introduction BrianTamanaha has a post entitled Why the Interdisciplinary Movement in Legal Academia Might be a Bad Idea (For Most Law Schools). Here are two passages: Interdisciplinary studies are currently the rage in legal academia. An increasing number of law...

Ringhand on Questioning Supreme Court Nominees

Posted on January 18, 2008
Lori A. Ringhand (University of Kentucky - College of Law) has posted I'm Sorry, I Can't Answer That (University of Pennsylvania Journal of Constitutional Law, Vol. 10, No. 2, January 2008) on SSRN. Here is the abstract: Professors Robert Post...

Hylton on Weyerhaeuser v. Ross-Simmons

Posted on January 18, 2008
Keith N. Hylton (Boston University - School of Law) has posted Weyerhaeuser, Predatory Bidding, and Error Costs (Antitrust Bulletin, 2008) on SSRN. Here is the abstract: In Weyerhaeuser v. Ross-Simmons the Supreme Court held that the predatory pricing standard adopted...

Kang on Truth & Freedom of Religious Expression

Posted on January 18, 2008
John Min Kang has posted Deliberating the Divine: On Extending the Justification from Truth to Religious Expression on SSRN. Here is the abstract: The principal argument used by the U.S. Supreme Court to justify the right of free speech derives...

Viscusi, Huber, and Bell on the Economics of Water Quality

Posted on January 18, 2008
W. Kip Viscusi , Joel C. Huber and Jason Bell (Vanderbilt University Law School , Duke University - Fuqua School of Business and Duke University - Fuqua School of Business) have posted The Economic Value of Water Quality (Environmental and...

Skeel on Christian Legal Scholarship

Posted on January 18, 2008
David A. Skeel Jr. (University of Pennsylvania Law School) has posted The Paths of Christian Legal Scholarship on SSRN. Here is the abstract: The history of twentieth century Christian legal scholarship- really, the absence of Christian legal scholarship in America's...

Hollis on International Law for Information Operations

Posted on January 18, 2008
Duncan B. Hollis (Temple University - James E. Beasley School of Law) has posted Why States Need an International Law for Information Operations (Lewis & Clark Law Review, Vol. 11, No. 4, 2007) on SSRN. Here is the abstract: Just...

Franzese & Mosher on Trade Gloablization Politics, Policies, and Institutions

Posted on January 17, 2008
Robert J. Franzese Jr. and James S. Mosher (University of Michigan at Ann Arbor - Department of Political Science and Ohio University - Department of Political Science) has posted Trade Globalization, Politics, and the Choice of Policies and Institutions: Three...

Maclin on Consent Searches

Posted on January 17, 2008
Tracey Maclin (Boston University - School of Law) has posted The Good and Bad News About Consent Searches in the Supreme Court (McGeorge Law Review, Vol. 39, Forthcoming) on SSRN. Here is the abstract: This article is about the Supreme...

Kobayashi on Illinois Tool Works v. Independent Ink

Posted on January 17, 2008
Bruce H. Kobayashi (George Mason University School of Law) has posted Spilled Ink or Economic Progress? The Supreme Court's Decision in Illinois Tool Works V. Independent Ink on SSRN. Here is the abstract: This article examines the Supreme Court's recent...

Gans on the Right to Silence in Australia

Posted on January 17, 2008
Jeremy Gans (University of Melbourne) has posted Silence in the High Court (Public Law Review, Vol. 19, No. 1, 2008) on SSRN. Here is the abstract: When apparent criminals refuse to speak (or insist on denying their guilt), how far...

Hanna on Retributivist Thought Experiments

Posted on January 17, 2008
Nathan Hanna (Syracuse University) has posted Rethinking Retributivist Thought Experiments: An Abolitionist Critique on SSRN. Here is the abstract: Retributivist arguments often employ thought experiments meant to elicit various responses from us - materials with which, it is hoped, compelling...

Call for Papers: Reason, Activism, and Change at Windsor, Canada

Posted on January 17, 2008
Call for papers: Reason, Activism, and Change University of Windsor October 3-5, 2008 Keynote speaker: Dr. Val Plumwood Australian Research Fellow at the Australian National University, Social & Political Theory and the Centre for Resource & Environmental Studies Whether we...

Levin on the American Choice-of-Law Revolution

Posted on January 17, 2008
Hillel Y. Levin (Stanford Law School) has posted What Do We Really Know About the American Choice-of-Law Revolution? (Stanford Law Review, Vol. 60, No. 1, 2007) on SSRN. Here is the abstract: This Book Review reviews Symeon Symeonides's recent book,....

Sherry & Farber on Building a Better Judiciary

Posted on January 16, 2008
Suzanna Sherry and Daniel A. Farber (Vanderbilt University Law School and University of California, Berkeley - School of Law (Boalt Hall)) have posted Building a Better Judiciary (THE PSYCHOLOGY OF JUDICIAL DECISION-MAKING, David Klein & Gregory Mitchell, eds...

Drewry on the Jurisprudence of Euroscepticism

Posted on January 16, 2008
Gavin Drewry (University of London - Royal Holloway College) has posted The Jurisprudence of British Euroscepticism: A Strange Banquet of Fish and Vegetables (Utrecht Law Review, Vol. 3, No. 2 , pp. 101-115, December 2007) on SSRN. Here is the...

Brady on the Implied Value of Life

Posted on January 16, 2008
Kevin L Brady (Utah State University) has posted Mortality Risk Reduction Theory and the Implied Value of Life on SSRN. Here is the abstract: The goal of this article is to explore the micro-economic theory surrounding the demand for mortality...

Joondeph on the Judicial Animal

Posted on January 16, 2008
Bradley Joondeph has posted Judging and Self-Presentation: Towards a More Realistic Conception of the Human (Judicial) Animal on SSRN. Here is the abstract: The dominant models of judicial behavior generally assume that the exclusive goal of judges, and particularly Supreme...

Sediman on Property and Freedom of Speech

Posted on January 15, 2008
Louis Michael Seidman (Georgetown University Law Center) has posted The Dale Problem: Property and Speech Under the Regulatory State on SSRN. Here is the abstract: A contradiction lies at the core of the modern law of speech and property. The...

McGinnis & Rappaport on Condorcet & Supermajority Rules

Posted on January 15, 2008
John O. McGinnis and Michael B. Rappaport (Northwestern University - School of Law and University of San Diego - School of Law) have posted The Condorcet Case for Supermajority Rules (Supreme Court Economic Review, 2008) on SSRN. Here is the...

Frischmann on the First Amendment & Networks

Posted on January 15, 2008
Brett M. Frischmann (Loyola University of Chicago - Law School) has posted A Note on the Economics of the First Amendment: Sustaining a Spillover Rich Networked Environment (University of Chicago Legal Forum, 2008) on SSRN. Here is the abstract: Many...

Huscroft on the Dialogue Theory of Judicial Review in Canada

Posted on January 15, 2008
Grant Huscroft has posted Rationalizing Judicial Power: The Mischief of Dialogue Theory (University of British Columbia Press, The Charter at 25, forthcoming) on SSRN. Here is the abstract: The Charter of Rights and Freedoms has become the dominant feature of...

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