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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

Barnett on the Abolitionist Origins of the 14th Amendment

Posted on December 09, 2010
Randy E. Barnett (Georgetown University Law Center) has posted Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment (The Journal of Legal Analysis, Forthcoming) on SSRN. Here is the abstract: The contribution of abolitionist constitutionalism to the original...

Harrison on Regulation & Happiness

Posted on December 09, 2010
Jeffrey Lynch Harrison (University of Florida - Fredric G. Levin College of Law) has posted Regulation, Deregulation, and Happiness on SSRN. Here is the abstract: Happiness, in general, is in many respects the topic du jour. A great deal of...

Welcome to the blogophere . . .

Posted on December 09, 2010
. . . to the Originalism Blog from the Center for the Study of Constitutional Originalism at the University of San Diego School of Law.

Chesterman on WikiLeaks

Posted on December 09, 2010
Simon Chesterman (New York University - School of Law, Singapore Programme) has posted WikiLeaks, Secrets, and Lies (Project Syndicate, December 2, 2010) on SSRN. Here is the abstract: The latest information dump from WikiLeaks offers fascinating insights into the workings...

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Jayasuriya on the Demise of the International Legal Order

Posted on December 09, 2010
Kanishka Jayasuriya (University of Adelaide) has posted The Strange Death of the International Liberal Order on SSRN. Here is the abstract: The paper provides a historical context for recent changes in global and national governance in terms of the various...

Karlan on Same-Sex Marriage & the Supreme Court

Posted on December 09, 2010
Pamela S. Karlan (Stanford Law School) has posted Marriage, Method, and the Supreme Court (Supreme Court Review, Forthcoming) on SSRN. Here is the abstract: Marriage is in the air at One First Street, N.E. Within the next few Terms, the...

Pierik & Gordon on Non-State Actors & Liberal Political Philosophy

Posted on December 08, 2010
Roland Pierik and Geoffrey Gordon (University of Amsterdam and VU University Amsterdam) have posted Liberal Political Philosophy: The Role of Non-State Actors and Considerations of Global Justice (THE ASHGATE RESEARCH COMPANION TO NON- STATE ACTORS, pp...

Leong on Constitutional Lawmaking by Courts & Context

Posted on December 08, 2010
Nancy Leong (William & Mary Law School) has posted Making Rights on SSRN. Here is the abstract: Legal discourse acknowledges, with increasing candor, that courts create law. This is no less true of constitutional law. By interpreting the Constitution in...

Pettys on Political Self-Conceptions & Morals Legislation

Posted on December 08, 2010
Todd E. Pettys (University of Iowa - College of Law) has posted Sodom's Shadow: The Uncertain Line Between Public and Private Morality (Hastings Law Journal, Forthcoming) on SSRN. Here is the abstract: In citizens? debates about issues of public policy,...

Dripps on Substance & Procedure in Criminal Law

Posted on December 08, 2010
Donald W. Dripps (University of San Diego School of Law) has posted The Substance-Procedure Relationship in Criminal Law (PHILOSOPHICAL FOUNDATIONS OF CRIMINAL LAW, R. A. Duff, Stuart P. Green, eds., Oxford University Press, 2011) on SSRN. Here is the abstract:...

Foley on the New York Gubernatorial Election of 1792

Posted on December 08, 2010
Edward B. Foley (Ohio State University College of Law) has posted The Founders? Bush v. Gore: The 1792 Election Dispute and its Continuing Relevance on SSRN. Here is the abstract: In 1792, the Founders of our Republic and its Constitution...

Belavusau on Freedom of Expression in Postmodern Legal Discourses

Posted on December 08, 2010
Uladzislau Belavusau (European University Institute (Florence, Italy)) has posted Instrumentalisation of Freedom of Expression in Postmodern Legal Discourses (European Journal of Legal Studies, Vol. 3, No. 1, 2010) on SSRN. Here is the abstract: This paper rationalizes in the transatlantic...

Parasidis on Patent Eligibility

Posted on December 07, 2010
Efthimios Parasidis (Saint Louis University - School of Law) has posted A Uniform Framework for Patent Eligibility (Tulane Law Review, Vol. 85, No. 2, 2010) on SSRN. Here is the abstract: There is a need to clarify patent law so...

Mayeda on Principled Reasoning & the Supreme Court of Canada

Posted on November 26, 2010
Graham Mayeda (University of Ottawa - Faculty of Law - Common Law Section) has posted Between Principle and Pragmatism: The Decline of Principled Reasoning in the Jurisprudence of the McLachlin Court (THE SUPREME COURT OF CANADA AND SOCIAL JUSTICE: COMMITMENT,...

Hutchinson & Colon-Rios on Democracy & Constitutional Change

Posted on November 26, 2010
Allan Hutchinson and Joel I. Colon-Rios (York University - Osgoode Hall Law School and Victoria University of Wellington) have posted Democracy and Constitutional Change on SSRN. Here is the abstract: The relationship between democracy and constitutions is a long and...

Tanguay-Renaud on Gardner on Criminal Law

Posted on November 26, 2010
Fran�ois Tanguay-Renaud (York University - Osgoode Hall Law School) has posted Understanding Criminal Law Through the Lens of Reason (Res Publica, Vol. 16, No. 1, p. 89, 2010) on SSRN. Here is the abstract: This is a review essay of...

Ralston on Enforcing Public Education Rights via a Private Suits

Posted on November 25, 2010
Sonja Ralston has posted Enforcing Public Educational Rights via a Private Right of Action (Duke Forum for Law and Social Change, Vol. 1, p. 137, 2009) on SSRN. Here is the abstract: Most states provide some form of constitutional guarantee...

Giving Thanks (Robert Katz)

Posted on November 25, 2010
On this Thanksgiving Day, I would like to express my gratitude to Robert Katz. Mr. Katz was my teacher for American History at Mark Keppel High School in 1970-71. He was an amazing teacher; indeed, I think that it is...

Millon on Oh on Veil-Piercing

Posted on November 24, 2010
David Millon (Washington and Lee University - School of Law) has posted The Still-Elusive Quest to Make Sense of Veil-Piercing (Texas Law Review, Vol. 89, p. 15, 2010) on SSRN. Here is the abstract: This paper is an invited comment...

Leo & Gould on Gross & O'Brien on Studying Wrongful Convictions

Posted on November 24, 2010
Richard A. Leo (University of San Francisco - School of Law) & Jon B. Gould (George Mason University - School of Public Policy) have posted Reply to Samuel R. Gross and Barbara O'Brien (Ohio State Journal of Criminal Law, Vol....

Johnston on Theorizing Mental Health Courts

Posted on November 24, 2010
E. Lea Johnston (University of Florida Levin College of Law) has posted Theorizing Mental Health Courts on SSRN. Here is the abstract: To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in....

Sacharoff on Miranda

Posted on November 24, 2010
Laurent Sacharoff (University of Arkansas School of Law) has posted Miranda's Hidden Right on SSRN. Here is the abstract: Miranda v. Arizona said that a suspect can waive her right to remain silent but also that she must invoke it....

Smits on Citizen Participation in the EU Integration Process

Posted on November 24, 2010
Jan M. Smits (Maastricht University Faculty of Law - Maastricht European Private Law Institute) has posted Beyond Euroscepticism: On the Choice of Legal Regimes as Empowerment of Citizens (Utrecht Law Review, Vol. 6, No. 3, 2010) on SSRN. Here is...

Jacobi on Politics & Economics as Determinants of Litigation Rates

Posted on November 24, 2010
Tonja Jacobi (Northwestern University - School of Law) has posted The Role of Politics and Economics in Explaining Variation in Litigation Rates in the U.S. States on SSRN. Here is the abstract: This article develops and empirically tests two theories...

Smith on the Economics of Intellectual Property

Posted on November 23, 2010
Henry E. Smith (Harvard Law School) has posted Toward an Economic Theory of Property in Information (RESEARCH HANDBOOK ON THE ECONOMICS OF PROPERTY LAW, Kenneth Ayotte, Henry E. Smith, eds., Edward Elgar, 2011) on SSRN. Here is the abstract: This...

Ford on Semantic Legal Ordering & Property

Posted on November 23, 2010
Laura R. Ford (Cornell University) has posted Semantic Legal Ordering: Property and its Social Effects (European Economic Sociology Newsletter, Vol. 10, No. 3, July 2009) on SSRN. Here is the abstract: This essay identifies and briefly describes two theoretical traditions...

Fadel on Modern Muslim Theology & Democratic Politics

Posted on November 23, 2010
Mohammad Fadel (University of Toronto - Faculty of Law) has posted 'No Salvation Outside Islam': Muslim Modernists, Democratic Politics, and Islamic Theological Exclusivism on SSRN. Here is the abstract: The extent to which religions with excluvist claims of salvation can...

McKanders on Indigenous Women in Immigration Raids

Posted on November 23, 2010
Karla Mari McKanders (University of Tennessee College of Law) has posted The Unspoken Voices of Indigenous Women in Immigration Raids on SSRN. Here is the abstract: The voices of the most vulnerable populations often point towards social constructs in dire...

Bauries on State Constitutional Design & Educational Reform

Posted on November 23, 2010
Scott R. Bauries (University of Kentucky College of Law) has posted State Constitutional Design and Education Reform: Process Specification in Louisiana (Journal of Law and Education, Vol. 40, 2011) on SSRN. Here is the abstract: In this article, I examine...

Heyman on the Dark Side of Free Speech

Posted on November 22, 2010
Steven J. Heyman (Illinois Institute of Technology - Chicago-Kent College of Law) has postedThe Dark Side of the Force: The Legacy of Justice Holmes for First Amendment Jurisprudence(William & Mary Bill of Rights, Vol. 19, March 2011) on SSRN. Here...

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