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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

Green on the Privileges or Immunities Clause

Posted on August 13, 2010
Christopher R. Green (University of Mississippi - School of Law) has posted The Original Sense of "Of" in the Privileges or Immunities Clause on SSRN. Here is the aabstract: The key term in the Privileges or Immunities Clause--"No State shall...

Denniston on Standing to Appeal in the Prop. 8 Case

Posted on August 13, 2010
On SCOTUSblog, Lyle Denniston has a must-read post, Analysis: Prop. 8 case, less than anticipated? "Standing" issue may be decisive. Here is a taste: In both the Ninth Circuit and, if the case goes further, in the Supreme Court, it...

Payne on Interference with Private Property Rights During Economic Crises

Posted on August 13, 2010
Ian Payne (University College Dublin, School of Law) has posted The Acceptable Limits of State Interference in Private Property Rights During Periods of Economic Crisis on SSRN. Here is the abstract: The power of the state to compulsorily acquire the...

O'Gorman on Global Warming & Hybrid Approaches to the Tragedy of the Commons

Posted on August 13, 2010
Maebh O'Gorman (University College Dublin, School of Law) has posted Global Warming: A Tragedy of the Commons on SSRN. Here is the abstract: This paper scrutinises two of the leading models for dealing with so-called ?tragedy of the commons? issues...

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Yankah on Liberal Virtue

Posted on August 13, 2010
Ekow N. Yankah (Cardozo Law School) has posted Liberal Virtue (LAW, VIRTUE AND JUSTICE, Alalia Amaya, Ho Hock Lai, eds., Hart Publishing, Oxford, 2011) on SSRN. Here is the abstract: If prostitution is ?the world?s oldest profession?, debate about its...

Sheahen on Foreign Corrupt Practices Act Defenses

Posted on August 13, 2010
Kyle Sheahen (University of California, Los Angeles (UCLA) - School of Law) has posted I'm Not Going to Disneyland: Illusory Affirmative Defenses Under the Foreign Corrupt Practices Act (Wisconsin International Law Journal, Forthcoming) on SSRN. Here is the abstract: This...

Calnan on Goldberg & Zipursky on Tort Theory

Posted on August 12, 2010
Alan Calnan (Southwestern Law School) has posted What's Wrong With Torts as Wrongs (or Redirecting Civil Recourse Theory) on SSRN. Here is the abstract: In their recent article "Torts as Wrongs," Professors John C.P. Goldberg and Benjamin C. Zipursky offer...

Conference Announcement: How to Enter the Legal Academy at the Third Annual National People of Color Scholarship Conference

Posted on August 12, 2010
The Third Annual National People of Color Legal Scholarship Conference (at Seton Hall) includes How to Enter the Legal Academy: Pipeline Program, September 9 from 11am to 3pm.

Anderson on Cohen on Interpersonal Justification of Justice Claims

Posted on August 12, 2010
Elizabeth Anderson (University of Michigan, Ann Arbor) has posted Cohen, Justice, and Interpersonal Justification (APSA 2010 Annual Meeting Paper) on SSRN. Here is the abstract: G. A. Cohen had a great insight into the requirements of egalitarian justice: that claims...

Lemley on "The Sky Is Falling" on Content Industries

Posted on August 12, 2010
Mark A. Lemley (Stanford Law School) has posted Is the Sky Falling on the Content Industries? on SSRN. Here is the abstract: Content owners claim they are doomed, because in the digital environment, they can't compete with free. But they've...

Movsesian on Islamic & Christian Law

Posted on August 12, 2010
Mark L. Movsesian (St. John's University School of Law) has posted Fiqh and Canons: Reflections on Islamic and Christian Jurisprudence (Seton Hall Law Review, Forthcoming) on SSRN. Here is the abstract: This essay, a contribution to a symposium on Religious...

Yankah on Ripstein on Kantian Legal & Political Philosophy

Posted on August 12, 2010
Check out Ekow Yankah's Jotwell essay on Force and Freedom: Kant's Legal and Political Philosophy (2009). A taste: Ripstein begins by clearing away the notion that Kantian legal theory can be isolated by translating Kantian moral prohibitions into legal ones...

Johnson on Objective Probability & Knowledge in the Criminal Law

Posted on August 12, 2010
Eric Alan Johnson (University of Illinois College of Law) has posted Knowledge, Risk, and Wrongdoing: The Model Penal Code's Forgotten Answer to the Riddle of Objective Probability on SSRN. Here is the abstract: In criminal cases, courts routinely say that...

Pursley & Wiseman on Local Energy

Posted on August 12, 2010
Garrick B. Pursley (University of Texas School of Law) & Hannah J. Wiseman (University of Tulsa College of Law) have posted Local Energy on SSRN. Here is the abstract: At a point in the future that is no longer remote,...

Wiseman on Zoning Overlays & Rule-Bound Communities

Posted on August 12, 2010
Hannah J. Wiseman (University of Tulsa College of Law) has posted Public Communities, Private Rules (Georgetown Law Journal, Vol. 98, No. 3, p. 697, 2010) on SSRN. Here is the abstract: As the American population grows, communities are seeking creative...

Journal Announcement: New Issue of Public Reason Online

Posted on August 11, 2010
The new issue of Public Reason (vol. 2, no. 1, June 2010) is available online: 1. Karl Widerquist Lockean Theories of Property: Justifications for Unilateral Appropriation [pdf] 2. Henrik Friberg-Fernros Abortion and the Limits of Political Liberalism [pdf] 3...

Toh on the Prediction Thesis & Persistent Fundamental Controversies

Posted on August 11, 2010
Kevin Toh (University of Texas Law School) has posted The Predication Thesis and a New Problem About Persistent Fundamental Legal Controversies (Utilitas, Vol. 22, September 2010) on SSRN. Here is the abstract: According to a widely-held view, people?s commitments to...

Thro on Rose v. Council for Better Education

Posted on August 11, 2010
William E. Thro (Christopher Newport University) has posted Judicial Humility: The Enduring Legacy of Rose v. Council for Better Education (Kentucky Law Journal, Vol. 98, No. 761, 2010) on SSRN. Here is the abstract: Rose v. Council for Better Education...

Condlin on Bargaining without Law

Posted on August 11, 2010
Robert Condlin (University of Maryland - School of Law) has posted Bargaining without Law on SSRN. Here is the abstract: Like a professional athlete on growth hormones, legal bargaining scholarship has transformed itself over the years. Once an amateurish assortment...

A Minor Correction to Dorf's Characterization of the Contribution Thesis (with an update at the end)

Posted on August 11, 2010
Michael Dorf recently wrote: Here is how Solum puts it in what he calls the "contribution thesis": "the semantic content of the United States Constitution makes some contribution to the content of American law." Solum contrasts this very modest claim...

Boyd & Hoffman on Motions & Settlement

Posted on August 11, 2010
Christina L. Boyd (State University of New York (SUNY) - Department of Political Science) & David A. Hoffman (Temple University - James E. Beasley School of Law) have posted Litigating Toward Settlement on SSRN. Here is the abstract: What is...

Conference Announcement: Non-Western Legal Systems & Human Rights Law at Brussels

Posted on August 11, 2010
International Conference: The Contribution of Non-Western Legal Systems to International Human Rights Law Brussels 13-14 September 2010 Conference topic The topic of this international conference is the impact of legal developments at local, domestic and regional levels on international human...

Blair on Financial Innovation & the Distribution of Wealth & Income

Posted on August 11, 2010
Margaret M. Blair (Vanderbilt Law School) has posted Financial Innovation and the Distribution of Wealth and Income on SSRN. Here is the abstract: Now that Congress has passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, regulators promulgating the...

Buell on Skilling v. United States

Posted on August 11, 2010
Samuel W. Buell (Duke University School of Law) has posted The Court's Fraud Dud (Duke Journal of Constitutional Law & Public Policy, 2010) on SSRN. Here is the abstract: In this contribution to a collection of essays on the Supreme...

Kuo on Global Constitutional Ordering

Posted on August 10, 2010
Ming-Sung Kuo (University of Warwick School of Law) has posted The End of Constitutionalism as We Know it? Boundaries and the State of Global Constitutional (Dis)Ordering (Transnational Legal Theory, Vol. 1, 2010) on SSRN. Here is the abstract: Globalisation sparks...

Cohen on Voting Paradoxes & McDonald

Posted on August 10, 2010
David S. Cohen (Drexel University - Earle Mack School of Law) has posted The Paradox of McDonald v. City of Chicago (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract: On the last day of its 2010 term,...

Stinneford on Evolving Standards of Decency

Posted on August 10, 2010
John F. Stinneford (University of Florida Levin College of Law) has posted Evolving Away from Evolving Standards of Decency (Federal Sentencing Reporter, Vol. 23, No. 1, 2010) on SSRN. Here is the abstract: In Graham v. Florida, the Supreme Court...

Kellogg on Hobbes, Holmes, & Dewey

Posted on August 10, 2010
Frederic R. Kellogg (The George Washington University) has posted Hobbes, Holmes, and Dewey: Pragmatism and the Problem of Order on SSRN. Here is the abstract: Civil war was a catalyst in forming the jurisprudential views of Thomas Hobbes and Oliver....

Bohannan on Derivative Works

Posted on August 10, 2010
Christina Bohannan (University of Iowa - College of Law) has posted Taming the Derivative Works Right: A Modest Proposal for Reducing Overbreadth and Vagueness in Copyright (Vanderbilt Journal of Entertainment & Technology Law, Vol. 12, No. 4, p. 699, Summer...

Massaro on Christian Legal Society v. Martinez

Posted on August 10, 2010
Toni M. Massaro (University of Arizona College of Law) has posted Christian Legal Society v. Martinez: Six Frames, Eight Conditions on SSRN. Here is the abstract: In Christian Legal Society v. Martinez, the United States Supreme Court upheld the Hastings...

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