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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

Erbsen on Constitutional Spaces

Posted on March 22, 2011
Allan Erbsen (University of Minnesota - Twin Cities - School of Law) has posted Constitutional Spaces (Minnesota Law Review, Vol. 95, 2011) on SSRN. Here is the abstract: This Article is the first to systematically consider the Constitution?s identification, definition,...

Kreiczer-Levy on Testamentary Freedom & Family Protection

Posted on March 22, 2011
Shelly Kreiczer-Levy (Academic Center of Law & Business) has posted The Riddle of Inheritance: Connecting Continuity and Property on SSRN. Here is the abstract: Popular intuitions, scholarly works and legal doctrines reveal an embedded tension in property legal theory between...

Bruegger on Republican Freedom

Posted on March 22, 2011
John A. Bruegger (Washington University School of Law) has posted Republican Freedom - Three Problems on SSRN. Here is the abstract: This article discusses and critiques a popular modern theory of freedom ? republicanism. Largely through the extensive work of...

Barton on Inherent Powers of the Federal Courts & Article One

Posted on March 22, 2011
Benjamin H. Barton (University of Tennessee College of Law) has posted An Article I Theory of the Inherent Powers of the Federal Courts on SSRN. Here is the abstract: A proper understanding of the nature of the inherent powers begins...

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Philippopoulos-Mihalopoulos on Spatial Justice & Tournier's Vendredi

Posted on March 22, 2011
Andreas Philippopoulos-Mihalopoulos (University of Westminster) has posted Law, Space, Bodies: The Emergence of Spatial Justice (DELEUZE AND LAW, L. de Sutter, ed., Edinburgh University Press, 2011) on SSRN. Here is the abstract: This is a text that brings together spatiality...

Hadfield & Weingast on Collective Punishment & Legal Order

Posted on March 21, 2011
Gillian Hadfield and Barry R. Weingast (USC Law School and Department of Economics and Stanford University - The Hoover Institution on War, Revolution and Peace) have posted Collective Punishment: a Coordination Account of Legal Order on SSRN. Here is the...

Hage on a Model of Legal Acts & Computational Systems

Posted on March 21, 2011
Jaap Hage (Maastricht University - METRO Institute) has posted A Model of Legal Acts: Part 1: The World of Law and Part 2: The Operation of Legal Acts on SSRN. Here is the abstract: This paper aims at providing an...

Lehavi on Judicial Takings

Posted on March 21, 2011
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted Judicial Review of Judicial Lawmaking (Minnesota Law Review, 2011) on SSRN. Here is the abstract: ?It would be absurd to allow a State to do by judicial decree...

Siegel on Race Equality Cases

Posted on March 21, 2011
Reva Siegel (Yale University - Law School) has posted From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases (Yale Law Journal, Vol. 120, p. 1278, 2011) on SSRN. Here is the abstract: For decades, the Supreme....

Martinez on Judicial Takings

Posted on March 21, 2011
John Martinez (SJ Quinney College of Law, University of Utah) has posted No More Free Easements: Judicial Takings for Private Necessity on SSRN. Here is the abstract: This article bridges the fields of constitutional judicial takings and the common law...

Legal Theory Lexicon: Primary and Secondary Rules

Posted on March 20, 2011
Introduction Most law students begin to notice that there is a fundamental difference between the kinds of legal rules that come up in torts & criminal law, on the one hand, and the sorts of legal rules that arise in...

Legal Theory Bookworm

Posted on March 19, 2011
The Legal Theory Bookworm recommends The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment edited by Alexander Tsesis. Here is a description: In these original essays, America's leading historians and legal scholars reassess the ratification of...

Download of the Week

Posted on March 19, 2011
The Download of the Week is The Rule of Text: Is it Possible to Govern Using (Only) Statutes? by Peter Tiersma. Here is the abstract: This essay explores whether it is possible to govern solely by means of written text,...

Chin on Unionization of Lawyers

Posted on March 19, 2011
Kimberly Y. Chin (Boston College - Law School) has posted Continuing the White Collar Unionization Movement: Imagining a Private Attorney's Union on SSRN. Here is the abstract: In 2009, thousands of attorneys working in the nation's top-tiered law firms were...

Postema on Twentieth-Century Common-Law Legal Philosophy

Posted on March 18, 2011
Gerald J. Postema (University of North Carolina - Philosophy and Law) has posted Legal Philosophy in the Twentieth Century: The Common Law World (Treatise of Legal Philosophy and General Jurisprudence, Vol. 11, Autumn 2011) on SSRN. Here is the abstract:...

Maroney on Emotions and Judging

Posted on March 18, 2011
Terry A. Maroney (Vanderbilt Law School) has posted Emotional Regulation and Judicial Behavior (California Law Review, Vol. 99, 2011) on SSRN. Here is the abstract: Judges are human and experience emotion when hearing cases, though the standard account of judging...

Foot Symposium at Somerville College, Oxford, Today & Tomorrow

Posted on March 18, 2011
I will be attending the Symposium and Memorial in honor of Philippa Foot today and tomorrow. Here is the schedule: Moral Philosophy Symposium Each session to be 1hr 15 minutes, with a paper of 40-45 minutes followed by discussion. Between...

Echeverria on Public Takings of Private Contracts

Posted on March 18, 2011
John D. Echeverria (Vermont Law School) has posted Public Takings of Private Contracts (Ecology Law Quarterly, Forthcoming) on SSRN. Here is the abstract: This article, part of a larger project analyzing how far public and private contracting arrangements can go...

Abrams on Public School Authority Over Off-Campus Cyberbullying

Posted on March 18, 2011
Douglas E. Abrams (University of Missouri School of Law) has posted Recognizing the Public Schools? Authority to Discipline Students? Off-Campus Cyberbullying of Classmates (New England Journal on Criminal and Civil Confinement, Forthcoming) on SSRN. Here is the abstract: The American...

Stephens on Counterinsurgency & the Law of Armed Conflict

Posted on March 18, 2011
Dale Stephens (Harvard Law School) has posted Counterinsurgency and Stability Operations: A New Approach to Legal Interpretation (US Naval War College, International Law Studies (Blue Book) Series, Vol. 86, pp. 289-321, 2010) on SSRN. Here is the abstract: We are...

Fuentes-Rohwer on Judicial Activism & the Voting Rights Act

Posted on March 18, 2011
Luis E. Fuentes-Rohwer (Indiana University Maurer School of Law) has posted Judicial Activism and the Interpretation of the Voting Rights Act (Cardozo Law Review, Vol. 32, No. 3, 2011) on SSRN. Here is the abstract: From the moment the U.S....

Baker & Siegelman on the Law & Economics of Liability Insurance

Posted on March 17, 2011
Tom Baker and Peter Siegelman (University of Pennsylvania Law School and University of Connecticut - School of Law) have posted The Law and Economics of Liability Insurance: A Theoretical and Empirical Review on SSRN. Here is the abstract: We survey....

Yoo on Rational Choice and Treaty versus Executive Agreement Processes

Posted on March 17, 2011
John Yoo (University of California at Berkeley School of Law) has posted Rational Treaties: Article II, Congressional-Executive Agreements, and International Bargaining (Cornell Law Review, Vol. 97, No. 1, 2011) on SSRN. Here is the abstract: This paper examines the continuing...

Sezgin on Human Rights & Legal Pluralism

Posted on March 17, 2011
Yuksel Sezgin (Harvard Divinity School) has posted Human Rights and Legal Pluralism: Introduction to the Special Issue (Journal of Legal Pluralism, Vol. 60, pp. 17-20, 2010) on SSRN. Here is the abstract: Despite its prevalence in academic circles both as...

Brown on the Market for Spurious Mass Tort Claims

Posted on March 17, 2011
S. Todd Brown (University at Buffalo Law School, SUNY) has posted The Market for Specious Claims on SSRN. Here is the abstract: Few problems are more disruptive to the efficient operation of comprehensive mass tort settlements than over-subscription, which, at...

Venzke on Comparative International Dispute Resolution

Posted on March 17, 2011
Ingo Venzke (Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law) has posted Antinomies and Change in International Dispute Settlement: An Exercise in Comparative Procedural Law on SSRN...

Kramer on Gender Stereotyping, Meat-Eating, and Sex Discrimination Law

Posted on March 17, 2011
Zachary A. Kramer (Arizona State University - Sandra Day O'Connor College of Law) has posted Of Meat and Manhood (Washington University Law Review, Vol. 89, No. 2, 2011) on SSRN. Here is the abstract: Sex discrimination law is at a...

Brooks on Respect for Nature & Species Egalitarianism

Posted on March 16, 2011
Thom Brooks (Newcastle University - Newcastle Law School) has psoted Respect for Nature: The Capabilities Approach (Ethics, Policy and Environment (forthcoming)) on SSRN. Here is the abstract: In ?Respect for Everything,? David Schmidtz offers powerful arguments in favor of a...

William J. Stuntz, 1958?2011

Posted on March 16, 2011
William Stuntz was a leading criminal law scholar, much admired for his work and his humanity. The Harvard Law School Press release begins: William Stuntz, a renowned scholar of criminal justice at Harvard Law School, an evangelical Christian and a...

Crocker on the Political Fourth Amendment

Posted on March 16, 2011
Thomas P. Crocker (University of South Carolina School of Law) has posted The Political Fourth Amendment (Washington University Law Review, Vol. 88, No. 2, 2010) on SSRN. Here is the abstract: The Political Fourth Amendment develops a theme from Justice...

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