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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

Bebchuk, Cohen, & Wang on Staggered Boards & Shareholder Wealth

Posted on November 16, 2010
Lucian A. Bebchuk , Alma Cohen and Charles C. Y. Wang (Harvard University - Harvard Law School , Tel Aviv University - Eitan Berglas School of Economics and Stanford University) have posted Staggered Boards and the Wealth of Shareholders: Evidence...

Kwall on Creativity & Early Jewish Law

Posted on November 16, 2010
Roberta Rosenthal Kwall (DePaul University - College of Law) has posted Creativity and Cultural Influence in Early Jewish Law (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: Human creativity thus lies at the heart of Judaism, both...

Bartrum on Federalist 10

Posted on November 16, 2010
Ian C. Bartrum (Drake Law School) has posted Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10 (Constitutional Commentary, Forthcoming) on SSRN. Here is the abstract: This paper is part of larger symposium convened for the 2010 AALS annual...

Claeys on Heller on Gridlock & Property Rights

Posted on November 15, 2010
Eric R. Claeys (George Mason University) has posted Exclusion and Exclusivity in Gridlock (Arizona Law Review, Vol. 53, Spring 2011) on SSRN. Here is the abstract: This Essay (which was prepared for a symposium held at George Mason University School....

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Pozen on Judicial Elections & Popular Consitutionalism

Posted on November 15, 2010
David Pozen has posted Judicial Elections as Popular Constitutionalism (Columbia Law Review, Vol. 110, No. 8, 2010) on SSRN. Here is the abstract: One of the most important recent developments in American legal theory is the burgeoning interest in "popular...

Fellowship Announcement: Two Programs at Stanford

Posted on November 15, 2010
The Center for Ethics in Society / Program on Global Justice Post Doctoral Fellowships at Stanford University (up to four position) This fellowship program is run jointly by The Center for Ethics in Society and the Program on Global Justice....

Waldron on Religion & Public Reason

Posted on November 15, 2010
Jeremy Waldron (New York University - School of Law) has posted Two-Way Translation: The Ethics of Engaging with Religious Contributions in Public Deliberation on SSRN. Here is the abstract: Using as an exemplar, the 2007 "Evangelical Declaration against Torture," this...

Call for Papers: Utilitarian Studies at Lucca

Posted on November 15, 2010
ISUS XI - Call for Papers The 11th Conference of the International Society for Utilitarian Studies (ISUS) will be held on 23rd-25th June 2011 at San Romano Conference Centre, Lucca, Italy. The Conference will be organized by the Department of...

Hill on Christian Legal Society v. Martinez

Posted on November 15, 2010
Jessie Hill (Case Western Reserve University - School of Law) has posted Property and the Public Forum: An Essay on Christian Legal Society V. Martinez (Duke Journal of Constitutional Law & Public Policy, 2010) on SSRN. Here is the abstract:...

Lund on Merit Selection of Judges

Posted on November 15, 2010
Nelson Lund (George Mason University School of Law) has posted May Lawyers be Given the Power to Elect Those Who Choose Our Judges? ?Merit Selection? and Constitutional Law on SSRN. Here is the abstract: ?Missouri Plan? judicial selection mechanisms, which...

Legal Theory Lexicon: Speech Acts

Posted on November 14, 2010
Introduction Speech act theory will forever be associated with the great J. L. Austin, the Oxford philosopher whose work in the 1950s had an enormous influence on analytic philosophy. One of Austin's core insights is reflected in the title of...

Wick on Conditional Federal Grants, the Spending Power, & Independent Constitutional Bars

Posted on November 13, 2010
Douglas Wick (New York University Law School) has posted Rethinking Conditional Federal Grants and the Independent Constitutional Bar Test (Southern California Law Review, Vol. 83, p. 1359, 2010) on SSRN. Here is the abstract: The Spending Clause has been interpreted...

Legal Theory Bookworm

Posted on November 13, 2010
The Legal Theory Bookworm recommends Ratification: The People Debate the Constitution, 1787-1788 by Pauline Maier. Here is a description: When the delegates left the Constitutional Convention in Philadelphia in September 1787, the new Constitution they had written was no more...

Download of the Week

Posted on November 13, 2010
The Download of the Week is Article III and the Scottish Enlightenment by ames E. Pfander and Daniel D. Birk. Here is the abstract: Historically-minded scholars and jurists invariably turn to English law and precedents in attempting to recapture the....

Charles on the 1792 Militia Act & the Second Amendment

Posted on November 12, 2010
Patrick J. Charles has posted The 1792 National Militia Act, the Second Amendment, and Individual Militia Rights: A Legal and Historical Perspective on SSRN. Here is the abstract: In Ezell v. City of Chicago an interesting lawsuit was filed by...

Enquist, Lustbader, & Mitchell on Law School Job Talks

Posted on November 12, 2010
Anne M. Enquist, Paula Lustbader, & John Mitchell (Seattle University School of Law) have posted From Both Sides Now: The Job Talk?s Role in Matching Candidates with Law Schools on SSRN. Here is the abstract: In the heavily competitive law...

Huhn on Popular Sovereignty

Posted on November 12, 2010
Wilson Ray Huhn (University of Akron - School of Law) has posted Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law (William & Mary Bill of Rights, Forthcoming) on SSRN. Here is the abstract: The concept of ?popular sovereignty?...

Cahill on Retribution & Pluralist Theories of Punishment

Posted on November 12, 2010
Michael T. Cahill (Brooklyn Law School) has posted Punishment Pluralism (RETRIBUTIVISM: ESSAYS ON THEORY AND POLICY, Mark D. White ed., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: This book chapter speculates that contemporary understandings of retribution have...

Volokh on Tort Liability & the Original Meaning of the First Amendment

Posted on November 12, 2010
Eugene Volokh's Tort Liability and the Original Meaning of the Freedom of Speech, Press, and Petition is available on the Internet. Here is a taste from the introduction: Does the First Amendment constrain common-law tort liability? The U.S. Supreme Court...

Zaring on Failure to Resolve Financial Intermediaries

Posted on November 11, 2010
David T. Zaring (University of Pennsylvania - Legal Studies Department) has posted A Lack of Resolution (Emory Law Journal, Vol. 60, No. 1, 2010) on SSRN. Here is the abstract: The failure to resolve ? that is, impose a quick...

Daly on Human Dignity & the Roberts Court

Posted on November 11, 2010
Erin Daly (Widener University School of Law) has posted Human Dignity in the Roberts Court: A Story of Inchoate Institutions, Autonomous Individuals, and the Reluctant Recognition of a Right (Ohio North University Law Review, Forthcoming) on SSRN. Here is the...

Seibert-Fohr on the Rule of Law & Independent Courts & Comparative Constitutionalism

Posted on November 11, 2010
Anja Seibert-Fohr (Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law) has posted European Comparatives Perspective on the Rule of Law and Independent Courts (CRITICAL PERSPECTIVES ON THE RULE...

Pfander & Birk on Article III & the Scottish Enlightenment

Posted on November 11, 2010
James E. Pfander and Daniel D. Birk (Northwestern University School of Law and Northwestern University School of Law) have posted Article III and the Scottish Enlightenment (Harvard Law Review, Forthcoming) on SSRN. Here is the abstract: Historically-minded scholars and jurists...

Sinnar on Counterterrorism Interviews & the First Amendment

Posted on November 11, 2010
Shirin Sinnar (Stanford University) has posted Questioning Law Enforcement: The First Amendment and Counterterrorism Interviews (Brooklyn Law Review , Vol. 77, No. 1, 2011) on SSRN. Here is the abstract: Law enforcement interviews are sometimes viewed as among the least...

Vermeule on Eskridge & Ferejohn on Superstatutes

Posted on November 11, 2010
On TNR, Adrian Vermeule has a review entitled Superstatutes of A Republic of Statutes: The New American Constitution by William N. Eskridge, Jr. and John Ferejohn.

Beiner on Heterosexist Norms & Judicial Confirmation

Posted on November 11, 2010
Theresa (Terri) M. Beiner (University of Arkansas at Little Rock - William H. Bowen School of Law) has posted White Male Heterosexist Norms in the Confirmation Process (Women's Rights Law Reporter, Forthcoming) on SSRN. Here is the abstract: Justice Sonia...

Conference Announcement: International Junior Faculty Forum at Harvard

Posted on November 11, 2010
HARVARD LAW SCHOOL AND STANFORD LAW SCHOOL FOURTH ANNUAL INTERNATIONAL JUNIOR FACULTY FORUM CALL FOR PAPERS Stanford Law School and Harvard Law School have established an International Junior Faculty Forum. The idea behind this is to stimulate exchange of ideas...

Ginsburg & Wright on Antitrust Sanctions

Posted on November 10, 2010
Douglas H. Ginsburg and Joshua D. Wright (U.S. Court of Appeals for the District of Columbia and George Mason University School of Law) have posted Antitrust Sanctions (Competition Policy International, Vol. 6, No. 2, pp. 3-39, Autumn 2010) on SSRN.....

De Burca on the EU & Global Human Rights

Posted on November 10, 2010
Grainne De Burca (Harvard University - Harvard Law School) has posted The Road Not Taken: The EU as a Global Human Rights Actor on SSRN. Here is the abstract: This paper challenges the traditional account of the EU?s engagement with...

Dzehtsiarou on Comparative Law in the European Court of Human Rights

Posted on November 10, 2010
Kanstantsin Dzehtsiarou (University College Dublin) has posted Comparative Law in the Reasoning of the European Court of Human Rights (University College Dublin Law Review, Vol. 10, pp. 109-140, 2010) on SSRN. Here is the abstract: This paper explores how comparative...

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