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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

Sapir on the Israeli Constitutional Revolution

Posted on January 15, 2008
Gidon Sapir (Bar Ilan University) has posted The Israeli Constitutional Revolution - How Did it Happen? on SSRN. Here is the abstract: Since its foundation in 1948 until the 1990's, the State of Israel lacked a formal Bill of Rights....

Spottswood on False and Insincere Speech

Posted on January 14, 2008
Mark Spottswood has posted Falsity, Insincerity and the Freedom of Expression on SSRN. Here is the abstract: Three decades ago, the Supreme Court announced that false statements of fact are devoid of constitutional value, without providing either a reasoned explanation...

Additions to Law & Letters

Posted on January 14, 2008
Belle Lettre tells us about additions to the blogging crew at Law & Letters in this post.

Tillers on Universal Principles of Evidential Inference

Posted on January 14, 2008
Peter Tillers (Cardozo Law School) has posted Are There Universal Principles or Forms of Evidential Inference? on SSRN. Here is the abstract: Although interest in evidential inference is not new - interest in the topic reaches back into antiquity -...

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Junger on the Armorial Bearings

Posted on January 14, 2008
Peter D. Junger (deceased, former member of the Case Western Reserve law faculty) is the author of The Original Plain Meaning of the Right to Bear Arms, posted on SSRN. Here is the abstract: In this article, written about twenty...

Samaha on the Dead Hand & Constitutional Interpretation

Posted on January 14, 2008
Adam Samaha (University of Chicago - Law School) has posted Dead Hand Arguments and Constitutional Interpretation (Columbia Law Review, Vol. 108) on SSRN. Here is the abstract: This Article attempts to reset the relationship between theories of constitutional authority and...

Peters on Intrinsic & Instrumental Theories of Procedure

Posted on January 14, 2008
Christopher J. Peters (Wayne State University Law School) has posted Is Procedure Instrumental? on SSRN. Here is the abstract: Clearly procedure plays some important role in accounts of legal authority, a concept that depends on the possibility of obedience to...

Conference Announcement: Terrorists & Detainees at American University

Posted on January 14, 2008
TERRORISTS AND DETAINEES: DO WE NEED A NEW NATIONAL SECURITY COURT? Sponsored by the American University Washington College of Law Program on Law and Government and The Brookings Institution February 1, 2008 10:00 am ? 4:00 pm American University Washington...

Legal Theory Lexicon: Deontology

Posted on January 13, 2008
Introduction A prior Legal Theory Lexicon post explored utilitarianism, an approach to normative moral theory that has had an enormous influence on legal thought. This week, I take up one of utilitarianism's main rivals, deonotology. Deontological moral theories vary in...

Lipshaw on Many Things

Posted on January 12, 2008
The always interesting Jeff Lipshaw has a final post up at Concurring Opinions. It deals with many things, but I was particularly struck by this: [O]ne criticism of law reviews is that they are edited by law students, and because...

Legal Theory Bookworm

Posted on January 12, 2008
The Legal Theory Bookworm recommends The Politics of Precedent on the U.S. Supreme Court Thomas G. Hansford and James F. Spriggs. Here is a description: The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis...

Download of the Week

Posted on January 12, 2008
The Download of the Week is Personal Inviolability and "Private Law" by Greg Keating. Here is the abstract: The "idea of private law" has occupied a prominent place in tort theorizing over the past twenty years. To American ears, the...

Blogging from SPSA in New Orleans

Posted on January 11, 2008
Introduction I?m at the Southern Political Science Association meeting in New Orleans. Legal academics sometimes forget that there is a parallel universe of legal scholarship in the world of political science (or ?politics? or ?government?), done from a diverse array...

Kahan, Hoffman, & Braman on Scott v. Harris

Posted on January 10, 2008
Dan M. Kahan (Yale University - Law School), David A. Hoffman (Temple University - James E. Beasley School of Law) & Donald Braman (George Washington University - Law School) have posted Whose Eyes are You Going to Believe? An Empirical...

Tamanaha on Law

Posted on January 10, 2008
Brian Z. Tamanaha (St. John's University - School of Law) has posted Law (Oxford International Encyclopedia of Legal History, 2008) on SSRN. Here is the abstract: "What is law?" is an age-old question that has eluded resolution. This essay covers...

King on Publication & Replication

Posted on January 10, 2008
Gary King (Harvard University) has posted Publication, Publication (PS: Political Science and Politics, Vol. 39, No. 1, pp. 119-125, January 2006) on SSRN. Here is the abstract: I show herein how to write a publishable paper by beginning with the...

Paradise & Andres on Biohistorical Analysis of Deceased Historical Figures

Posted on January 10, 2008
Jordan Paradise and Lori Andrews (University of Minnesota Law School and Chicago-Kent College of Law) have posted Tales from the Crypt: Scientific, Ethical, and Legal Considerations for Biohistorical Analysis of Deceased Historical Figures (Temple Journal of Science, Technology & Environmental...

Keating on Personal Inviolability

Posted on January 09, 2008
Gregory C. Keating (University of Southern California Law School) has posted Personal Inviolability and "Private Law" on SSRN. Here is the abstract: The "idea of private law" has occupied a prominent place in tort theorizing over the past twenty years...

Warnick on the Political Economy of Prostitution

Posted on January 09, 2008
Ashlie Warnick has posted Sex Without Romace: The Political Economy of Prostitution on SSRN. Here is the abstract: Virtually every jurisdiction in the United States outlaws prostitution or the sex-for-money exchange. Assuming that women decide to become prostitutes because that...

Kreimer on FOIA & Terrorism

Posted on January 09, 2008
Seth F. Kreimer (University of Pennsylvania Law School) has posted Rays of Sunlight in a Shadow War: FOIA, the Abuses of Anti-Terrorism, and the Strategy of Transparency (Lewis & Clark Law Review, Vol. 11, No. 4, 2007) on SSRN. Here...

Estreicher & Yost on Class & Collection Action Employment Settlements

Posted on January 09, 2008
Samuel Estreicher and Kristina Yost (New York University Law School and Jones Day - New York Office) have posted Measuring the Value of Class and Collective Action Employment Settlements: A Preliminary Assessment on SSRN. Here is the abstract: This paper...

Citron on Open Code Governance

Posted on January 09, 2008
Danielle K. Citron (University of Maryland - School of Law) has posted Open Code Governance (University of Chicago Legal Forum, 2008) on SSRN. Here is the abstract: Automated information systems offer an opportunity to improve the democratic legitimacy of the...

Conference Announcement: Association for Political Theory at Middleton

Posted on January 08, 2008
THE APT CONFERENCE 2008 Wesleyan University, Middletown, Connecticut, October 9-12, 2008 CALL FOR PAPERS The Association for Political Theory (APT) invites proposals for its sixth annual conference to be held October 9-12, 2008 at Wesleyan University in Middletown, Connecticut...

Call for Papers: Practical Rationality at Pamplona, Spain

Posted on January 08, 2008
Pamplona (Spain) 23-25 April 2008 ?Practical Rationality. Intentionality, Normativity and Reflexivity? XLV Reuniones Filosoficas (Philosophical Meetings) Department of Philosophy (Universidad de Navarra) Papers written in Spanish, English, German or Italian are welcome...

Conference Announcement: World Congress of Bioethics at Rijeka, Croatia

Posted on January 08, 2008
The 9th World Congress of Bioethics organized by the International Association of Bioethics will be held in Rijeka, Croatia September 5-8, 2008 with satellite conferences scheduled on September 3-4, 2008. Abstracts are due January 31, 2008. Further information about the...

Conference Announcement: Death at York

Posted on January 08, 2008
Death: What It Is and Why It Matters The Open University and the University of York, UK 17th and 18th July 2008 Heslington Campus, York, UK This is a two-day conference on the nature and significance of death, organized by...

Conference Announcement: Rocky Mountain Ethics Conference at Boulder

Posted on January 08, 2008
RoME First Annual Rocky Mountain Ethics Congress University of Colorado, Boulder August 8-10, 2008 Boulder, Colorado an international conference geared to offer the highest quality, highest altitude discussion of ethics, broadly conceived Call For Papers The Center for Values and...

Shapira-Ettinger and Shapira on Overconfidence

Posted on January 08, 2008
Keren Shapira-Ettinger and Ron Shapira (Bar-Ilan University - Faculty of Law and Bar-Ilan University - Faculty of Law) have posted The Constructive Value of Overconfidence on SSRN. Here is the abstract: Please Overconfidence is a psychologically-generated distortion of perception consisting...

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