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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

Conference Announcement: Repeal of McCarran-Ferguson at Harvard

Posted on October 22, 2010
Conference Announcement: Should Congress Repeal the McCarran-Ferguson Act? Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School will be hosting a one-day meeting on Friday, November 12, 2010 on the subject of whether Congress should repeal...

Strauss on the Role of the President in Domestic Administration

Posted on October 22, 2010
Peter L. Strauss (Columbia Law School) has posted The Role of the Chief Executive in Domestic Administration on SSRN. Here is the abstract: Written for an international working paper conference on administrative law, this paper sets the Supreme Court's decision...

Schooner on Private Enforcement of Systemic Risk Regulation

Posted on October 22, 2010
Heidi Mandanis Schooner (Catholic University of America (CUA) - Columbus School of Law) has posted Private Enforcement of Systemic Risk Regulation (Creighton Law Review, Vol. 43, p. 993, 2010) on SSRN. Here is the abstract: The failure of the regulatory...

Schauer on Bentham on Presumed Offenses

Posted on October 22, 2010
Frederick Schauer (University of Virginia School of Law) has posted Bentham on Presumed Offenses on SSRN. Here is the abstract: In a rarely-discussed passage in the Principles of the Penal Code, Jeremy Bentham discussed a category of offenses he labeled...

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Minter on Same-Sex Marriage & Democratic Inclusion

Posted on October 22, 2010
Shannon Price Minter (National Center for Lesbian Rights) has posted The Great Divorce: The Separation of Equality and Democracy in Contemporary Marriage Jurisprudence (19 Southern California Review of Law and Social Justice 89) on SSRN. Here is the abstract: Across...

Fineman on the Vulnerable Subject & Human Rights Discourse

Posted on October 22, 2010
Martha Albertson Fineman (Emory University School of Law) has posted The Vulnerable Subject and the Responsive State (Emory Law Journal, Vol. 60, Forthcoming) on SSRN. Here is the abstract: Since there is also no U.S. constitutional guarantee to basic social...

Kaplan on Pregnant Women's Right to Refuse Medical Treatment

Posted on October 22, 2010
Margo Kaplan (Brooklyn School of Law) has posted A 'Special Class of Persons': Pregnant Women?s Right to Refuse Medical Treatment after Gonzales V. Carhart (Journal of Constitutional Law, Vol. 13, No. 1, p. 145, Forthcoming) on SSRN. Here is the...

Kar on the Origins of Western Law

Posted on October 21, 2010
Robin Bradley Kar (University of Illinois College of Law) has posted On the Origins of Western Law and Western Civilization (in the Indus Valley) on SSRN. Here is the abstract: Western Law and Western Civilization are often said to be...

West on the Press Clause

Posted on October 21, 2010
Sonja West (University of Georgia School of Law) has posted Awakening the Press Clause (UCLA Law Review, Forthcoming) on SSRN. Here is the abstract: The Free Press Clause enjoys less practical significance than almost any other constitutional provision...

Mantel on National Health Plan Coverage Standards

Posted on October 21, 2010
Jessica Mantel (University of Houston Law Center) has posted Setting National Coverage Standards for Health Plans Under Healthcare Reform (UCLA Law Review, Vol. 58, p. 221, 2010) on SSRN. Here is the abstract: On March 23, 2010, President Barack Obama...

Bibas on Regulating Plea Bargaining

Posted on October 21, 2010
Stephanos Bibas (University of Pennsylvania Law School) has posted Regulating the Plea-Bargaining Market: From Caveat Emptor to Consumer Protection (California Law Review, Vol. 99, Forthcoming) on SSRN. Here is the abstract: Padilla v. Kentucky was a watershed in the Court?s...

Ruhl on Climate Change & Adaptive Legal Capacity

Posted on October 21, 2010
J. B. Ruhl (Florida State University College of Law) has posted General Design Principles for Resilience and Adaptive Capacity in Legal Systems: Applications to Climate Change Adaptation Law (North Carolina Law Review, 2011) on SSRN. Here is the abstract: No...

Papke on the "Underclass" & Ideology

Posted on October 21, 2010
David Ray Papke (Marquette University - Law School) has posted The Rise and Fall of the 'Underclass': An Exploration of Ideology and the Legal Arena on SSRN. Here is the abstract: This article explores the rise and fall of the...

Vermeule & List on Collective Decisions, Hives, and Institutional Design

Posted on October 20, 2010
Adrian Vermeule (Harvard University - Harvard Law School) and Christian List have posted Independence and Interdependence: Lessons from the Hive on SSRN. Here is the abstract: There is a substantial class of collective decision problems whose successful solution requires interdependence...

Gomez on the Coconstruction of Law & Race

Posted on October 20, 2010
Laura E. Gomez (University of New Mexico) has posted Understanding Law and Race as Mutually Constitutive: An Invitation to Explore an Emerging Field (Annual Review of Law & Social Science, Forthcoming) on SSRN. Here is the abstract: This article argues...

Katz on the Endgame for Racial Discrimination Remedies

Posted on October 20, 2010
Ellen D. Katz (University of Michigan Law School) has posted Engineering the Endgame (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract: This Article explores what happens to longstanding remedies for past racial discrimination as conditions change...

Brooks on Held on Terrorism

Posted on October 20, 2010
Thom Brooks's Justifying Terrorism is available via the Public Affairs Quarterly website (subscription-only). Here is the abstract: Virginia Held's recent How Terrorism Is Wrong offers us any number of important contributions to how we think about terrorist violence...

Book Announcement: Zombie Economics by Quiggan

Posted on October 20, 2010
Zombie Economics How Dead Ideas Still Walk among Us John Quiggin To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9270.html The recent financial crisis laid bare many of the assumptions behind market liberalism--the theory that market-based solutions...

Book Announcement: Why Is There No Labor Party in the United States? by Archer

Posted on October 20, 2010
Why Is There No Labor Party in the United States? Robin Archer To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8668.html Why is the United States the only advanced capitalist country with no labor party? This question...

Kramer on Waldron on Lex Talionis

Posted on October 20, 2010
At Jotwell, Matthew Kramer on Lex Talionis by Jeremy Waldron.

Buzbee on Climate, Innovation, & Institutional Pluralism

Posted on October 20, 2010
William W. Buzbee (Emory University School of Law) has posted Climate as an Innovation Imperative: Federalism, Institutional Pluralism and Incentive Effects on SSRN. Here is the abstract: To combat climate change successfully will require innovations in regulatory design and technology...

Copeland on Federal Law in State Court

Posted on October 20, 2010
Charlton C. Copeland (University of Miami - School of Law) has posted Federal Law in State Court: Judicial Federalism Through a Relational Lens (William & Mary Bill of Rights, Forthcoming) on SSRN. Here is the abstract: Enforcing federalism is most...

Tolson Gerrymandering & Federalism

Posted on October 19, 2010
Franita Tolson (Florida State University - College of Law) has posted Partisan Gerrymandering as a Safeguard of Federalism (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: Partisan gerrymandering has been criticized as stifling political accountability and voter participation,...

Menkel-Meadow on Margalit on Compromise

Posted on October 19, 2010
Carrie Menkel-Meadow (Georgetown University Law Center) has posted Compromise, Negotiation and Morality (Negotiation Journal, Vol. 26, pp. 483-499, October 2010) on SSRN. Here is the abstract: This review essay (on Avishai Margalit?s new book On Compromise and Rotten Compromises) discusses...

Wall on Bell on the Law of Peace

Posted on October 19, 2010
Illan Rua Wall (Oxford Brookes University - Department of Law) has posted On the Threshold of Law: A Review of 'On the Law of Peace' by Christine Bell (Irish Yearbook of International Law, 2010) on SSRN. Here is the abstract:...

Levin on Contemporary Meaning & Statutory Interpretation

Posted on October 19, 2010
Hillel Y. Levin (University of Georgia Law School) has posted Contemporary Meaning and Expectations in Statutory Interpretation on SSRN. Here is the abstract: This Article introduces and explores a new approach to statutory interpretation, one that I call the contemporary...

Strauss on Free Enterprise Fund v. Public Company Accounting Oversight Board

Posted on October 19, 2010
Peter L. Strauss (Columbia Law School) has posted On the Difficulties of Generalization ? PCAOB in the Footsteps of Myers, Humphrey?s Executor, Morrison and Freytag on SSRN. Here is the abstract: The Supreme Court?s decision last June in Free Enterprise...

Knake on Attorney Advice & the First Amendment

Posted on October 19, 2010
Renee Newman Knake (Michigan State University College of Law) has posted Attorney Advice and the First Amendment on SSRN. Here is the abstract: An attorney?s advice for navigating and, when necessary, challenging the law is essential to American democracy...

Friedman on the Obama Presidency & Civil RIghts Enforcement

Posted on October 18, 2010
Joel W. Friedman (Tulane University - Law School) has posted The Impact of the Obama Presidency on Civil Rights Enforcement in the United States on SSRN. Here is the abstract: The election of the nation?s first African-American president was hailed...

Book Announcement: Democratic Rights by Brettschneider in Paperback

Posted on October 18, 2010
Democratic Rights: The Substance of Self-Government by Corey Brettschneider is now available in paperback. Here is a description: When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on...

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