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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

Waller on Corporate Governance & Competition Policy

Posted on November 10, 2010
Spencer Weber Waller (Loyola University Chicago School of Law) has posted Corporate Governance and Competition Policy on SSRN. Here is the abstract: Corporate governance law addresses the misaligned incentives between officers and directors of publicly-owned companies and their shareholders and...

Rosenthal on the Level of Scrutiny for the Second Amendment

Posted on November 10, 2010
Lawrence Rosenthal (Chapman University - School of Law) has posted McDonald v. Chicago: Which Standard of Scrutiny Should Apply to Gun-Control Laws? (Northwestern University Law Review Colloquy, Vol. 85, p. 105, 2010) on SSRN. Here is the abstract: These essays...

Dwyer on the Constitutional Rights of Newborn Children & Parentage Laws

Posted on November 10, 2010
James G. Dwyer (William & Mary Law School) has posted A Constitutional Birthright: The State, Parentage, and the Rights of Newborn Persons (UCLA Law Review, Vol. 56, No. 4, 2009) on SSRN. Here is the abstract: State parentage laws, dictating...

Gostin on the Right to Bear Arms

Posted on November 09, 2010
Lawrence O. Gostin (Georgetown University Law Center - O'Neill Institute for National and Global Health Law) has posted The Right to Bear Arms: A Uniquely American Entitlement (Journal of the American Medical Association, Vol. 304, No. 13, pp. 1485-86, 2010)...

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Ripken on Citizens United & Constitutional Personhood for Corporations

Posted on November 09, 2010
Susanna Kim Ripken (Chapman University School of Law) has posted Corporate First Amendment Rights after Citizens United: An Analysis of the Popular Movement to End the Constitutional Personhood of Corporations on SSRN. Here is the abstract: No case in the...

Larsen on "Compromise" Jury Verdicts & Plea Bargaining

Posted on November 09, 2010
Alli Orr Larsen (College of William and Mary) has posted Bargaining Inside the Black Box (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract: When jurors are presented with a menu of criminal verdict options and they cannot reach...

Fellowship Announcement: National Security Law at Georgetown

Posted on November 09, 2010
National Security Law Fellowship Georgetown Law The Georgetown Center on National Security and the Law is pleased to announce a new two-year National Security Law Fellowship designed for a highly-qualified law graduate specializing in national security law who intends to...

Dillbary on the "No Contribution" Rule in Tort Law

Posted on November 09, 2010
Shahar Dillbary (University of Alabama School of Law) has posted Apportioning Liability Behind a Veil of Ignorance (Hastings Law Journal, Forthcoming) on SSRN. Here is the abstract: This article challenges the reason that led most states to abandon the ?no...

Huhn on Lincoln's Influence on the Modern Supreme Court

Posted on November 09, 2010
Wilson Ray Huhn (University of Akron - School of Law) has posted Abraham Lincoln?s Influence on the Modern Supreme Court?s Understanding of Liberty and Equality on SSRN. Here is the abstract: Abraham Lincoln had a profound effect on this country?s...

Colon-Rios on Legitimacy & Democratic Reconstitution

Posted on November 09, 2010
Joel I. Colon-Rios (Victoria University of Wellington) has posted The Legitimacy of the Juridical: Constituent Power, Democracy, and the Limits of Constitutional Reform on SSRN. Here is the abstract: What conditions must be met for a constitutional regime to be...

Mootz on American Hermeneutics

Posted on November 08, 2010
Francis Joseph Mootz III (William S. Boyd School of Law, UNLV) has posted Ugly American Hermeneutics (Nevada Law Review, Vol. 10, No. 3, 2010) on SSRN. Here is the abstract: This article will appear in a Symposium on comparative legal...

Green on Law & Justice

Posted on November 08, 2010
Leslie Green (University of Oxford - Faculty of Law) has posted The Germ of Justice on SSRN. Here is the abstract: This paper addresses the perennial question of the relationship between law and justice. HLA Hart argued that ?we have,...

Kilborn on Consumer Bankruptcy Reform

Posted on November 08, 2010
Jason J. Kilborn (The John Marshall Law School) has posted Still Chasing Chimeras but Finally Slaying Some Dragons in the Quest for Consumer Bankruptcy Reform on SSRN. Here is the abstract: This paper responds to the question, "how well have...

Twomey on Constitutional Amendment by Initiative

Posted on November 08, 2010
Anne Twomey (University of Sydney - Faculty of Law) has posted Dangerous Democracy ? Citizens? Initiated Referenda in California (Public Law Review, Vol. 21, No. 2 pp. 70-76, 2010) on SSRN. Here is the abstract: In theory, the use of...

Kay on Constituent Authority

Posted on November 08, 2010
Richard S. Kay (University of Connecticut School of Law) has posted Constituent Authority (American Journal of Comparative Law, Forthcoming) on SSRN. Here is the abstract: The force of a constitution, like the force of all enacted law, derives, in significant...

Legal Theory Lexicon: Causation

Posted on November 07, 2010
Introduction Causation is one of the basic conceptual tools of legal analysis. And for most purposes, we can get along with a notion of causation that is both vague and ambiguous. In the world of medium sized physical objects (automobiles,...

Legal Theory Bookworm

Posted on November 06, 2010
The Legal Theory Bookworm recommends Lawyers and Fidelity to Law by W. Bradley Wendell. Here is a description: Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on...

Download of the Week

Posted on November 06, 2010
The Download of the Week is Vagueness and the Guidance of Action by Jeremy Waldron. Here is the abstract: This paper is part of a more general argument I am pursuing about the idea of the Rule of Law. I...

Gordon on the Language of Wills

Posted on November 05, 2010
Deborah S. Gordon (Drexel University - Earle Mack School of Law) Reflecting on the Language of Death (Seattle University Law Review, Forthcoming) on SSRN. Here is the abstract: For centuries, wills scholars have lamented the difficulty of discerning intent from...

Murphy on Boyle & Chinkin on Making International Law

Posted on November 05, 2010
Sean D. Murphy (George Washington University - Law School) has posted Book Review of Alan Boyle and Christine Chinkin, THE MAKING OF INTERNATIONAL LAW, Oxford University Press, 2007 (American Journal of International Law Vol. 104, No. 4) on SSRN. Here...

Holper on the Moral Turpitude Test for Removability of Noncitizens for Criminal Convictions

Posted on November 05, 2010
Mary Holper (Roger Williams University) has posted The New Moral Turpitude Test: Failing Chevron Step Zero (Brooklyn Law Review , Vol. 76, No. 4, 2011) on SSRN. Here is the abstract: In the waning days of the Bush administration, Attorney...

Glensy on International Law as Persuasive Authority

Posted on November 05, 2010
Rex D. Glensy (Drexel University - Earle Mack School of Law) has posted The Use of International Law in U.S. Constitutional Adjudication (Emory International Law Review, Forthcoming) on SSRN. Here is the abstract: This Article seeks to untangle part of...

Lahav on the Dukes v. Wal-Mart Stores & the Optimal Size of Class Actions

Posted on November 05, 2010
Alexandra D. Lahav (University of Connecticut - School of Law) has posted The Curse of Bigness and the Optimal Size of Class Actions (Vanderbilt Law Review En Banc, Vol. 63, p. 117, 2010) on SSRN. Here is the abstract: How...

Levinson & Balkin on Constitutional Dictatorship

Posted on November 05, 2010
Sanford Levinson and Jack M. Balkin's Constitutional Dictatorship: Its Dangers and Its Design is available on the Internet. Here is the abstract: A constitutional dictatorship is a system (or subsystem) of constitutional government that bestows on a certain individual or...

Miller on Law & Invasive Species

Posted on November 05, 2010
Marc L. Miller (University of Arizona - James E. Rogers College of Law) has posted Laws, Federal and State (ENCYCLOPEDIA OF BIOLOGICAL INVASIONS, p. 430, Daniel Simberloff, Marcel Rejm�nek eds., 2011) on SSRN. Here is the abstract: This short piece...

Posner on the Political Economy of the Roman Republican Constitution

Posted on November 04, 2010
Eric A. Posner (University of Chicago - Law School) has posted The Constitution of the Roman Republic: A Political Economy Perspective on SSRN. Here is the abstract: The constitution of the Roman Republic featured a system of checks and balances...

Workshop Announcement: Graduate Students at Law and Society

Posted on November 04, 2010
LSA GRADUATE STUDENT WORKSHOP 2011 The Law and Society Association is pleased to announce the twenty-fifth Graduate Student Workshop (GSW), to be held May 31-June 1, 2011 immediately preceding the 2011 Annual Meeting of the Law and Society Association in...

Bucciarelli on Uncovering Implicit Bias

Posted on November 04, 2010
Natalie Bucciarelli Pedersen (Drexel University Earle Mack School of Law) has posted A Legal Framework for Uncovering Implicit Bias (University of Cincinnati Law Review, Forthcoming) on SSRN. Here is the abstract: Actors? implicit biases impact the law in many areas,...

Lowe & Tzanakopoulos on Economic Warfare

Posted on November 04, 2010
Vaughan Lowe and Antonios Tzanakopoulos (University of Oxford - Faculty of Law and University of Glasgow School of Law) has posted Economic Warfare (MAX PLANCK ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW, Wolfrum, R�diger, eds., OUP, Oxford 2010) on SSRN...

Paust on Non-State Actors & International Law

Posted on November 04, 2010
Jordan J. Paust (University of Houston Law Center) has posted Non-State Actor Participation in International Law and the Pretense of Exclusion on SSRN. Here is the abstract: For centuries, there have been vast numbers of formally recognized actors in the...

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