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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

Book Announcement: The Hesitant Hand by Medema

Posted on March 16, 2011
The Hesitant Hand: Taming Self-Interest in the History of Economic Ideas Steven G. Medema Winner of the 2010 Best Book Prize, European Society for the History of Economic Thought To read the entire book description or a sample chapter, please...

Helfand on Regulation of Religious Commercial Conduct

Posted on March 16, 2011
Michael A. Helfand (Pepperdine University School of Law) has posted Fighting for the Debtor's Soul: Regulating Religious Commercial Conduct (George Mason Law Review, Vol. 19, 2011) on SSRN. Here is the abstract: While courts often think of religion in terms...

Viscusi on Regulation, Taxation, & Litigation

Posted on March 16, 2011
W. Kip Viscusi (Vanderbilt Law School) has posted Regulation, Taxation, and Litigation on SSRN. Here is the abstract: Policy tools that potentially foster efficient levels of health and safety are regulation, litigation, and taxation. Most U.S. regulatory agencies set standards...

Ayers on Legal Ethics and Lawyer's Reasons

Posted on March 16, 2011
Andrew B. Ayers (Office of the Solicitor General of New York) has posted The Lawyer?s Perspective: Theories of Legal Ethics as Theories of Lawyers' Reasons on SSRN. Here is the abstract: Legal ethicists have lately debated whether legal ethics should...

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Tiersma on Governance by Statutes Alone

Posted on March 15, 2011
Peter Tiersma (Loyola Law School Los Angeles) has posted The Rule of Text: Is it Possible to Govern Using (Only) Statutes? (NYU Journal of Law & Liberty, Forthcoming) on SSRN. Here is the abstract: Abstract: This essay explores whether it...

Fried on Wood & Parfit on Trolley Problems

Posted on March 15, 2011
Barbara H. Fried (Stanford Law School) has posted What Does Matter? The Case for Killing the Trolley Problem (Or Letting it Die) on SSRN. Here is the abstract: For the past forty years, a significant portion of nonconsequentialist moral philosophy...

Banakar on Contextualism in Socio-Legal Regal Research

Posted on March 15, 2011
Reza Banakar (University of Westminster - School of Law) has posted Having One?s Cake and Eating it: The Paradox of Contextualisation in Socio-Legal Research (International Journal of Law in Context, 2011) on SSRN. Here is the abstract: In Law in...

Colby on the New Originalism & Constraint

Posted on March 15, 2011
Thomas Colby (George Washington University Law School) has posted The Sacrifice of the New Originalism (Georgetown Law Journal, Vol. 99, No. 713, 2011) on SSRN. Here is the abstract: This Article illuminate the fundamental truth that Originalism has achieved its...

Prado & Patterson on Neuroscientific Challenges to Retributivism

Posted on March 15, 2011
Michael S. Pardo and Dennis Patterson (University of Alabama School of Law and European University Institute) have posted Neuroscientific Challenges to Retributivism (THE FUTURE OF PUNISHMENT, Thomas Nadelhoffer, ed., Oxford University Press, 2010) on SSRN...

Risinger & Risinger on Innocence & Criminal Procedure Reform

Posted on March 15, 2011
D. Michael Risinger and Lesley C. Risinger (Seton Hall University School of Law and Seton Hall University School of Law) have posted Innocence is Different: Taking Innocence into Account in Reforming Criminal Procedure (New York Law School Law Review, Vol...

Lichtman on Anticommons & Google Books

Posted on March 15, 2011
Douglas Lichtman (University of California, Los Angeles (UCLA) - School of Law) has posted Google Book Search in the Gridlock Economy (Arizona Law Review, Vol. 53, p. 151, 2011) on SSRN. Here is the abstract: Michael Heller?s The Gridlock Economy...

Gava on "Strict and Complete Legalism"

Posted on March 14, 2011
John Gava (University of Adelaide) has posted Dixonian Strict Legalism, Wilson v. Darling Island Stevedoring and Contracting in the Real World (Oxford Journal of Legal Studies, Vol. 30, Autumn 2010) on SSRN. Here is the abstract: How do judges decide...

Lee on Punishing Disloyalty

Posted on March 14, 2011
Youngjae Lee (Fordham University School of Law) has posted Punishing Disloyalty on SSRN. Here is the abstract: Despite the special stigma attached to the charge of treason and despite the fact that crimes of espionage and sabotage against the United....

New on the Stanford Encyclopedia of Philosophy

Posted on March 14, 2011
Intellectual Property by Adam Moore.

Farber on Dred Scott

Posted on March 14, 2011
Daniel A. Farber (University of California, Berkeley - School of Law) has posted A Fatal Loss of Balance: Dred Scott Revisited on SSRN. Here is the abstract: This essay focuses on three aspects of the Dred Scott opinion: its effort...

New on the Stanford Encyclopedia of Philosophy

Posted on March 14, 2011
Imagination by Tamar Gendler.

Stephanopoulos on Redistricting & Territorial Communities

Posted on March 14, 2011
Nicholas Stephanopoulos (Columbia Law School) has posted Redistricting and the Territorial Community (University of Pennsylvania Law Review, Vol. 160, 2011) on SSRN. Here is the abstract: As the next redistricting cycle begins, the courts are stuck in limbo...

Siebrasse on Abstract Claims in the U.S. & Canada

Posted on March 14, 2011
Norman Siebrasse (University of New Brunswick - Fredericton - Faculty of Law) has posted The Rule Against Abstract Claims: A Critical Perspective on US Jurisprudence on SSRN. Here is the abstract: The US approach to the rule against abstract claims...

Legal Theory Lexicon: The Internal Point of View

Posted on March 13, 2011
Introduction How can we look at a legal system? H.L.A. Hart famously deployed the distinction betweenexternal and internal perspectives on a legal system in his famous book, The Concept of Law. This post provides a very brief introduction to this...

Steer on Non-State Actors & International Law

Posted on March 12, 2011
Cassandra Steer (University of Amsterdam) has posted Non-State Actors in International Criminal Law on SSRN. Here is the abstract: The process by which the normative content of international criminal law is formed is essentially an ad-hoc process of comparative law...

Legal Theory Bookworm

Posted on March 12, 2011
The Legal Theory Bookworm recommends Creating Capabilities: The Human Development Approach by Martha C. Nussbaum. Here is a description: If a country?s Gross Domestic Product increases each year, but so does the percentage of its people deprived of basic education,...

Download of the Week

Posted on March 12, 2011
The Download of the Week is The Anticanon by Jamal Greene. Here is the abstract: Argument from the ?anticanon,? the set of cases whose central propositions all legitimate decisions must refute, has become a persistent but curious feature of American....

Bodansky on Top-Down versus Bottom-Up Architectures for Climate Change Regimes

Posted on March 11, 2011
Daniel Bodansky (Arizona State University Sandra Day O'Connor College of Law) has posted A Tale of Two Architectures: The Once and Future U.N. Climate Change Regime on SSRN. Here is the abstract: International agreements vary widely in the latitude that...

Alford on Targeted Killing of Citizens

Posted on March 11, 2011
Ryan Patrick Alford (Ave Maria School of Law) has posted The Rule of Law at the Crossroads: Consequences of Targeted Killing of Citizens (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: In December 2010 (in Al-Aulaqi v. Obama)...

Luff on Regulatory Litigation

Posted on March 11, 2011
Patrick Luff (University of Oxford - Faculty of Law) has posted Risk Regulation and Regulatory Litigation on SSRN. Here is the abstract: Since at least the 1960s, when Congress enacted civil rights statutes that provided for private enforcement, courts have...

Drury on Negotiation & Jury Selection

Posted on March 11, 2011
Drury D. Stevenson (South Texas College of Law) has posted Jury Selection and the Coase Theorem on SSRN. Here is the abstract: The thesis of this article is that jury selection is unique among the components of the litigation process,...

Imwinkelried on Proxies for the Validity of Science in the Law of Evidence

Posted on March 11, 2011
Edward J. Imwinkelried (University of California, Davis - School of Law) has posted The End of the Era of Proxies on SSRN. Here is the abstract: In the past, in deciding whether to admit testimony about a particular scientific technique...

Fried on Contractualism & the Duty Not to Harm

Posted on March 10, 2011
Barbara H. Fried (Stanford Law School) has posted Can Contractualism Save Us from Aggregation? on SSRN. Here is the abstract: This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm...

Suk on the Mayor of Casterbridge

Posted on March 10, 2011
Julie C. Suk (Benjamin N. Cardozo School of Law) has posted The Moral and Legal Consequences of Wife-Selling in the Mayor of Casterbridge (GENDER, LAW AND THE BRITISH NOVEL, Alison LaCroix, Martha Nussbaum, eds., Oxford University Press, 2011) on SSRN...

Stephan on the Political Economy of Jus Cogens & Sovereign Immunity

Posted on March 10, 2011
Paul B. Stephan III (University of Virginia School of Law) has posted The Political Economy of Jus Cogens on SSRN. Here is the abstract: This paper, prepared for a conference hosted by Vanderbilt Law School on foreign sovereign immunity at...

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