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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

Linarelli on International Law & Practical Authority

Posted on October 12, 2010
John Linarelli (University of La Verne College of Law) has posted International Law: Practical Authority, Global Justice (Proceedings of the 103rd Annual Meeting, American Society of International Law, 2009) on SSRN. Here is the abstract: Contribution for the 2009 American...

Workshop Announcement: Advanced Empirical Research at Northwestern

Posted on October 12, 2010
The upcoming Conducting Empirical Legal Scholarship Workshop: The Advanced Course presented by Northwestern University School of Law and Washington University School of Law, will take place February 4-6, 2011, at Northwestern University School of Law in Chicago...

Ibrahim on a New Exit Option for Venture Capital

Posted on October 12, 2010
Darian M. Ibrahim (University of Wisconsin Law School) has posted The New Exit in Venture Capital on SSRN. Here is the abstract: This Article is the first to explore a third exit option in venture capital to supplement IPOs and...

Clark on the Eleventh Amendment

Posted on October 12, 2010
Bradford R. Clark (George Washington University Law School) has posted The Eleventh Amendment and the Nature of the Union (Harvard Law Review, Vol. 123, No. 8, p. 1817, 2010) on SSRN. Here is the abstract: Leading theories of the Eleventh...

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Siegel on Prudentialism, the Privileges & Immunities Clause, and McDonald v. City of Chicago

Posted on October 12, 2010
Neil Siegel (Duke University - School of Law) has posted Prudentialism in McDonald v. City of Chicago (Duke Journal of Constitutional Law & Public Policy, Forthcoming) on SSRN. Here is the abstract: At least two kinds of prudential argument have...

Buckwalter & Stich on Gender & Philosophical Intuitions

Posted on October 11, 2010
Wesley Buckwalter (CUNY The Graduate Center) and Stephen Stich (Rutgers, The State University of New Jersey; University of Sheffield) have posted Gender and Philosophical Intuition on SSRN. Here is the abstract: In recent years, there has been much concern expressed...

Solum on Narrative, Normativity, and Causation

Posted on October 11, 2010
Lawrence B. Solum (University of Illinois College of Law) has posted Narrative, Normativity, and Causation (Michigan State Law Review, Forthcoming) on SSRN. Here is the abstract: This essay examines the relationship between constitutional narratives, causation, and normativity in the context...

Ferzan on Sher on Responsibility without Awareness

Posted on October 11, 2010
Kim Ferzan writes about George Sher's Who Knew? Responsibility Without Awareness on Jotwell. Here is a taste: George Sher?s book defends [the view] that we can be responsible without being aware. Although I do not believe that this book ultimately...

Call for Papers: Fred C. Zacharias Prize for Scholarship in Professional Responsibility

Posted on October 11, 2010
Submissions and nominations of articles are now being accepted for the first annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility. To honor Fred's memory, the committee will select from among articles in the field of Professional Responsibility...

Symposium on Martha Nussbaum's "A Right to Marry?"

Posted on October 11, 2010
In the current issue of the California Law Review: Martha C. Nussbaum, A Right to Marry? Pamela S. Karlan, Let?s Call the Whole Thing Off: Can States Abolish the Institution of Marriage? David Novak, Response to Martha Nussbaum?s "A Right...

Zurn on the Legitimacy of Constitutional Democracy

Posted on October 11, 2010
Christopher Zurn (University of Massachusetts Boston ? Philosophy) has posted The Logic of Legitimacy: Bootstrapping Paradoxes of Constitutional Democracy (Legal Theory V. 16, #3 2010) on SSRN. Here is the abstract: Many have claimed that legitimate constitutional democracy is either...

Fellowship Announcement: Equality of Opportunity & Education at Stanford

Posted on October 11, 2010
Spencer Foundation Post-Doctoral Fellowships in Equality of Opportunity and Education at Stanford University The McCoy Family Center for Ethics in Society is seeking two post doctoral scholars for a project focused on issues of equality of opportunity and the public...

Conference Announcement: Ethics in Health & the Environment at NYU

Posted on October 11, 2010
Valuing Lives--A Conference on Ethics in Health and the Environment March 5, 2011 New York University Call for papers and other information can be found at http://bioethics.as.nyu.edu/object/Bioethics.valuinglives Questions? email sachs@nyu.edu Various policy issues in environmental and health-related matters force policymakers...

Legal Theory at the European University Website

Posted on October 11, 2010
The EUI legal theory program has a new website--check it out. There are sections for upcoming events and prior guests.

Green on Substantive Due Process & McDonald v. Chicago

Posted on October 11, 2010
Christopher R. Green (University of Mississippi - School of Law) has posted Substantive Due Process after McDonald v. Chicago on SSRN. Here is the abstract: Few were terribly surprised when the Supreme Court announced at the end of June that...

Newman on Property & Copyright

Posted on October 11, 2010
Christopher M. Newman (George Mason University School of Law) has posted Transformation in Property and Copyright on SSRN. Here is the abstract: Copyright requires us to distinguish between two different ways of transforming a ?work of authorship?: ?derivative works? and...

Legal Theory Lexicon: Positive & Normative Legal Theory

Posted on October 10, 2010
Introduction One of the most fundamental distinctions in legal theory is that between "positive legal theory" and "normative legal theory." This post provides a very brief introduction to the distinction, aimed at law students (especially first years) with an interest...

The New York Times on Philippa Foot

Posted on October 10, 2010
The New York Times obituary for Philippa Foot is here.

Richard Nagareda

Posted on October 10, 2010
I was very saddened to hear of Richard Nagareda's death. The Vanderbilt announcement is here.

Legal Theory Bookworm

Posted on October 09, 2010
The Legal Theory Bookworm recommends Torture, Terror, and Trade-Offs: Philosophy for the White House by Jeremy Waldron. Here is the abstract: Torture, Terror, and Trade-offs Jeremy Waldron has been a challenging and influential voice in the moral, political and legal...

Download of the Week

Posted on October 09, 2010
The Download of the Week is Harry Potter and the Trouble with Tort Theory by Scott Hershovitz. Here is the abstract: Economists argue that tort law promotes an efficient allocation of resources to safety, while philosophers contend that it dispenses....

Perry on the Fourteenth Amendment

Posted on October 08, 2010
Michael J. Perry (Emory University School of Law) has posted The Fourteenth Amendment: What Norms Did 'We the People' Establish? on SSRN. Here is the abstract: Unlike, for example, Michael Kent Curtis, whose colleague I was privileged to be for...

Zimmer on Unions, Transnationalism, & the Recession

Posted on October 08, 2010
Michael J. Zimmer (Loyola University Chicago School of Law) has posted Unions & the Great Recession: Is Transnationalism the Answer? on SSRN. Here is the abstract: For at least 30 years, the union movement at a worldwide level has been...

Baghoomians on Schauer on Legal Reasoning

Posted on October 08, 2010
Irene Baghoomians (University of Sydney - Faculty of Law) has posted Book Review: Thinking Like a Lawyer: A New Introduction to Legal Reasoning, by Frederick Schauer (Sydney Law Review, Vol. 31, No. 3, pp. 499-503, 2009) on SSRN. Here is...

Hershovitz on Tort Theory

Posted on October 08, 2010
Scott Hershovitz (University of Michigan Law School) has posted Harry Potter and the Trouble with Tort Theory (Stanford Law Review, Forthcoming) on SSRN. Here is the abstract: Economists argue that tort law promotes an efficient allocation of resources to safety,...

Ohlin on Joint Intentions to Commit International Crimes

Posted on October 08, 2010
Jens David Ohlin (Cornell Law School) has posted Joint Intentions to Commit International Crimes (Chicago Journal of International Law, Forthcoming) on SSRN. Here is the abstract: The following article is an attempt to provide a coherent theory that international tribunals...

Budd on the Fourth Amendment, the Home, & the Poor

Posted on October 08, 2010
Jordan C. Budd (University of New Hampshire School of Law) has posted A Fourth Amendment for the Poor Alone: Subconstitutional Status and the Myth of the Inviolate Home (Indiana Law Journal, Vol. 85, No. 2, 2010) on SSRN. Here is...

Dickinson on Private Contractors & Human Rights

Posted on October 07, 2010
Laura Dickinson (Arizona State University - Sandra Day O'Connor College of Law) has posted Military Lawyers, Private Contractors, and the Problem of International Law Compliance (New York University Journal of International Law & Politics, Vol. 42, p...

Kammerhofer on the ICJ's Advisory Opinion on Independence for Kosovo

Posted on October 07, 2010
J�rg Kammerhofer (University of Erlangen-Nuremberg, Department of Law) has posted Begging the Question? The Kosovo Opinion and the Reformulation of Advisory Requests on SSRN. Here is the abstract: The International Court of Justice?s 22 July 2010 advisory opinion on the...

Nash on Local Nuisance Laws & Immigration

Posted on October 07, 2010
Lindsay C. Nash (Cardozo Law School) has posted Expression by Ordinance: Preemption and Proxy in Local Legislation on SSRN. Here is the abstract: Local laws based on immigration status have prompted heated national debate on federalism and discrimination...

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