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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

Scholarly Impact Study

Posted on September 13, 2010
Gregory Sisk, Valerie Aggerbeck, Debby Hackerson & Mary Wells (University of St. Thomas School of Law (Minnesota)) have posted Scholarly Impact of Law School Faculties: Extending the Leiter Rankings to the Top 70 (Sept. 2010) on the Internet.

McConnell on Natural Rights & the Constitution

Posted on September 13, 2010
Michael W. McConnell (Stanford Law School) has posted Natural Rights and the Ninth Amendment: How Does Lockean Legal Theory Assist in Interpretation? (New York University Journal of Law & Liberty, Vol. 5, 2010) on SSRN. Here is the abstract: Some...

Journal Announcement: The Jerusalem Review of Legal Studies

Posted on September 13, 2010
We are now launching the first issue of the Jerusalem Review of Legal Studies. The Jerusalem Review of Legal Studiesis a law journal dedicated to in-depth discussions of recent important studies of and in law. Typically, each issue consists of...

Robinette on Goldberg & Zipursky on Civil Recourse Theory & Tort Law

Posted on September 13, 2010
Christopher J. Robinette (Widener University - School of Law) has posted Why Civil Recourse Theory is Incomplete on SSRN. Here is the abstract: The latest prominent theory of torts is the rich ?civil recourse? theory of Professors John C. P....

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Hamilton on the First Amendment & Sexual Abuse of Children within Religious Organization

Posted on September 13, 2010
Marci A. Hamilton (Cardozo Law School) has posted The 'Licentiousness' in Religious Organizations and Why it is Not Protected Under Religious Liberty Constitutional Provisions (William & Mary Bill of Rights, Vol. 18, No. 953, 2010) on SSRN. Here is the...

Bauries on Judicial Review of Educational Adequacy & Separation of Powers

Posted on September 13, 2010
Scott R. Bauries (University of Kentucky College of Law) has posted Is There an Elephant in the Room?: Judicial Review of Educational Adequacy and the Separation of Powers in State Constitutions on SSRN. Here is the abstract: Scholarship of education...

Kleinbard on the Constitutionality of the Individual Health Care Mandate

Posted on September 13, 2010
Edward D. Kleinbard (USC Gould School of Law) has posted Constitutional Kreplach (Tax Notes, p. 755, August 2010) on SSRN. Here is the abstract: Recent federal healthcare legislation mandated that every ?applicable individual? maintain healthcare insurance, and imposed (in new...

Legal Theory Lexicon: Virtue Ethics

Posted on September 12, 2010
Introduction The Legal Theory Lexicon already includes posts on Deontology and Utilitarianism--representing two important families of ethical theory. This week, the Lexicon provides an introduction to virtue ethics. As always, the Lexicon provides a quick and dirty summary with an...

Legal Theory Bookworm

Posted on September 11, 2010
Making Our Democracy Work: A Judge's View by Stephen Breyer. Here is a description: The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected...

Download of the Week

Posted on September 11, 2010
The Download of the Week is Statistical Knowledge Deconstructed by Kenneth W. Simons. Here is the abstract: In a wide range of contexts, especially in criminal law and tort law, the law distinguishes between individualized knowledge (awareness that one?s act...

Zywicki & Stringham on the Efficiency-of-the-Common-Law Hypothesis

Posted on September 10, 2010
Todd J. Zywicki and Edward Peter Stringham (George Mason University School of Law and Fayetteville State University - School of Business and Economics) have posted Common Law and Economic Efficiency (ENCYCLOPEDIA OF LAW AND ECONOMICS, Francesco Parisi, Richard Posner, eds...

Lavranos on the Relationship of the ECJ with Other International Courts

Posted on September 10, 2010
Nikos Lavranos (European University Institute) has posted The ECJ's Relationship with Other International Courts and Tribunals on SSRN. Here is the abstract: This contribution intends to examine how the ECJ has been responding to the ongoing proliferation of international courts...

Bebchuk, Grinstein, & Peyer on "Lucky" CEOs & Directors

Posted on September 10, 2010
Lucian A. Bebchuk, Yaniv Grinstein and Urs Peyer (Harvard University - Harvard Law School , Cornell University - Samuel Curtis Johnson Graduate School of Management and INSEAD - Finance) have posted Lucky CEOs and Lucky Directors on SSRN. Here is...

Donnelly on Reconstruction & High School Textbooks

Posted on September 10, 2010
Tom Donnelly (Harvard Law School) has posted Our Forgotten Founders: Reconstruction, Public Education, and Constitutional Heroism (Cleveland State Law Review, Vol. 58, No. 115, 2010) on SSRN. Here is the abstract: This Article examines a set of constitutional stories that...

Follesdal on Subsidiarity

Posted on September 10, 2010
Andreas Follesdal (University of Oslo) has posted Subsidiarity (HANDBUCH DER POLITISCHEN PHILOSOPHIE UND SOZIALPHILOSOPHIE, pp. 1307-1313, S. Gosepath, W. Hinsch and B. R�ssler, eds., Gruyter, 2008) on SSRN. Here is the abstract: The "principle of subsidiarity" regulates authority within a...

Lipshaw on the "Failure" of Capitalism

Posted on September 10, 2010
Jeffrey M. Lipshaw (Suffolk University Law School) has posted Capitalism Didn't Fail, But the Metaphors Got a ?C? (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: This is a paper for the Minnesota Law Review's October 15, 2010...

Gostin on the Ethics & Constitutionality of the Health Insurance Mandate

Posted on September 10, 2010
Lawrence O. Gostin (Georgetown University Law Center - O'Neill Institute for National and Global Health Law) has posted The National Individual Health Insurance Mandate: Ethics and the Constitution (Hastings Center Rep., Sept./Oct. 2010, at 8-9) on SSRN...

Wiseman on Regional Governance & the Energy Anticommons

Posted on September 09, 2010
Hannah J. Wiseman (University of Tulsa College of Law) has posted Expanding Regional Governance in an Energy Anticommons on SSRN. Here is the abstract: Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce...

Murray & Steinman on Access to Justice

Posted on September 09, 2010
Justin S. Murray and Jason Steinman (Georgetown University Law Center) have posted A Systems Approach to Access to Justice: Exploring Fundamental Causes, Common Themes and Solutions on SSRN. Here is the abstract: Conceptualizing access to justice as the product of...

Taekema & van der Burg on Ideals in Law

Posted on September 09, 2010
Sanne Taekema and Wibren van der Burg (Erasmus University Rotterdam (EUR) - Erasmus School of Law and Erasmus University Rotterdam (EUR) - Erasmus School of Law) have posted Ideals in Law (IVR Encyclopaedia of Jurisprudence, Legal Theory and Philosophy of...

Tamanaha Respons to Leiter

Posted on September 09, 2010
Check out Unsupported Assertions About the Formalist Age: A Response to Leiter by Brian Tamanaha on Balkinization. Here is a taste: Most thoughtful scholars who study formalism and realism come away with unresolved questions and an appreciation of the elusiveness...

Macedo on Public Reason

Posted on September 09, 2010
Stephen Macedo (Princeton University, Politics and Human Values) has posted Why Public Reason? on SSRN. Here is the abstract: Some have recently argued that the ideal of public reason not only accords insufficient respect or freedom to some citizens, including...

Ferrey, Laurent, & Ferrey on Constitutional Barriers to Climate Change Responses

Posted on September 09, 2010
Steven Ferrey , Chad Laurent and Cameron Ferrey (Suffolk University Law School, Meister Consultants Group and Computers Across Borders) have posted Fire and Ice: World Renewable Energy and Carbon Control Mechanisms Confront Constitutional Barriers (Duke Environmental Law & Policy Forum,...

Koenig & Rustad on Murphy on the Death Penalty

Posted on September 09, 2010
Thomas H. Koenig (Northeastern University) & Michael L. Rustad (Suffolk University Law School) have posted Deciding Whether the Death Penalty Should Be Abolished on SSRN. Here is the abstract: Professors Thomas H. Koenig & Michael L. Rustad?s review essay highlights...

Mazzone on Liptak on Polarization of Supreme Court Clerks

Posted on September 08, 2010
Check out Response to Adam Liptak on the Polarization of Supreme Court Clerks by Jason Mazzone on Balkinization.

Markel on Taxation of Punitive Damges

Posted on September 08, 2010
Dan Markel (Florida State University College of Law) has posted Overcoming Tradeoffs in the Taxation of Punitive Damages (Washington University Law Review, Forthcoming) on SSRN. Here is the abstract: As explained in a companion piece (Taxing Punitive Damages, co-authored with...

Van Schewick on Zittrain on Generativity

Posted on September 08, 2010
I wanted to specially note one of the posts in the Future of the Internet Symposium, hosted by Concurring Opinions. Generative End Hosts vs. Generative Networks? by by Barbara van Schewick is especially keen. Here is a taste: On the...

Blumm & Dawson on Stop the Beach Renourishment v. Florida Department of Environmental Protection

Posted on September 08, 2010
Michael C. Blumm and Elizabeth B. Dawson (Lewis & Clark Law School and Lewis & Clark Law School) have posted The Florida Beach Case and the Road to Judicial Takings on SSRN. Here is the abstract: In Stop the Beach...

Simons on Statistical Knowledge

Posted on September 08, 2010
Kenneth W. Simons (Boston University - School of Law) has posted Statistical Knowledge Deconstructed on SSRN. Here is the abstract: In a wide range of contexts, especially in criminal law and tort law, the law distinguishes between individualized knowledge (awareness...

Post on Zittrain & Post on Generativity

Posted on September 08, 2010
David G. Post (Temple University School of Law) has posted The Theory of Generativity (Fordham Law Review Vol. 78, No. 6, 2010) on SSRN. Here is the abstract: This paper was written in response to a request from the editors...

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