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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

Rao on the President's Interpretive Authority

Posted on August 04, 2010
Neomi Rao (George Mason University School of Law) has posted The President?s Sphere of Action (Willamette Law Review, Vol. 45, No. 3, pp. 527-555, Spring 2009) on SSRN. Here is the abstract: To what extent can the President say what...

Conference Announcement: Human Rights at Sydney

Posted on August 03, 2010
Human Rights: Old Dichotomies Revisited 25 November 2011 to 26 November 2011 The Julius Stone Institute of Jurisprudence and the Sydney Centre for International Law are pleased to announce a major conference being held in November 2011. The conference will...

Seidman on Acontextual Judicial Review

Posted on August 03, 2010
Louis Michael Seidman (Georgetown University Law Center) has posted Acontextual Judicial Review on SSRN. Here is the abstract: Is constitutional judicial review a necessary component of a just polity? A striking feature of the current debate is its tendency to...

Choudhry on the South African Constitutional Court & the ANC

Posted on August 03, 2010
Sujit Choudhry (University of Toronto - Faculty of Law) has posted ?He Had a Mandate?: The South African Constitutional Court and the African National Congress in a Dominant Party Democracy (Constitutional Court Review, Forthcoming) on SSRN. Here is the abstract:...

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Strauss on Rulemaking & the Unitary Executive

Posted on August 03, 2010
Peter L. Strauss (Columbia Law School) has posted Rulemaking and the American Constitution on SSRN. Here is the abstract: A Constitution that strongly separates legislative from executive activity makes it difficult to reconcile executive adoption of regulations (that is, departmentally...

Follesdal on the Legitimacy of International Human Rights Review

Posted on August 03, 2010
Andreas Follesdal (University of Oslo) has posted The Legitimacy of International Human Rights Review: The Case of the European Court of Human Rights (Journal of Social Philosophy, Vol. 40, No. 4, pp. 595-607, Winter 2009) on SSRN. Here is the...

Book Announcement: Reasons without Rationalism by Setiya

Posted on August 03, 2010
Reasons without Rationalism Kieran Setiya To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8417.html Modern philosophy has been vexed by the question "Why should I be moral?" and by doubts about the rational authority of moral virtue...

Vermeule on Liu, Karlan, & Schroeder and Strauss on Living Constitutionalism

Posted on August 03, 2010
At TNR, Adrian Vermeule reviews Keeping Faith with the Constitution by Goodwin Liu, Pamela S. Karlan, and Christopher H. Schroeder and The Living Constitution by David Strauss. Here is a taste: Constitutional Darwinism is a non-starter. As the lawyer-biologist Scott...

Schmalenbach on Failed States

Posted on August 03, 2010
Kirsten Schmalenbach (University of Graz - Faculty of Law) has posted Preventing and Rebuilding Failed States (A WISER CENTURY? JUDICIAL DISPUTE SETTLEMENT, DISARMAMENT AND THE LAWS OF WAR 100 YEARS AFTER THE SECOND HAGUE PEACE CONFERENCE, T. Giegerich, ed...

Toh on the Social Fact Thesis

Posted on August 03, 2010
Kevin Toh (University of Texas Law School) has posted An Argument Against the Social Fact Thesis (and Some Additional Preliminary Steps Towards a New Conception of Legal Positivism) on SSRN. Here is the abstract: According to the view almost universally...

Toh on Internal Legal Statements

Posted on August 02, 2010
Kevin Toh (University of Texas Law School) has posted Legal Judgments as Plural Acceptances of Norms (Oxford Studies in the Philosopy of Law, Vol. 1, 2010) on SSRN. Here is the abstract: In this paper, I propose an expressivist analysis...

Muniz-Fraticelli on Political Pluralism & Authority

Posted on August 02, 2010
Victor M. Muniz-Fraticelli (McGill University) has posted The Problem of Pluralist Authority on SSRN. Here is the abstract: Can pluralism offer a coherent account of political authority, one that does not deny the (plural) authority of associations in the process...

Poscher on Vagueness & Ambiguity

Posted on August 02, 2010
Ralf Poscher (Albert-Ludwigs-University Freiburg) has posted Ambiguity and Vagueness in Legal Interpretation (OXFORD HANDBOOK ON LANGUAGE AND LAW, Lawrence Solan & Peter Tiersma, eds., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: Vagueness and ambiguity are key problems...

Sigler on Desert

Posted on August 02, 2010
Mary Sigler (Arizona State University - College of Law) has posted The Methodology of Desert (Arizona State Law Journal, Forthcoming) on SSRN. Here is the abstract: In a series of books and articles Paul Robinson (along with various coauthors) builds...

Jaros on Discretion, Criminal Protection Orders, & Parental Neglect

Posted on August 02, 2010
David Michael Jaros (University of Baltimore School of Law) has posted Unfettered Discretion: Criminal Orders of Protection and Their Impact on Parent Defendants (Indiana Law Journal, Forthcoming) on SSRN. Here is the abstract: The last two decades have witnessed an...

Legal Theory Lexicon: The Veil of Ignorance

Posted on August 01, 2010
Introduction This installment in the Legal Theory Lexicon is intended to introduce law students (especially first years) to "the veil of ignorance"--an idea from political philosophy that has had an important influence on legal theory. From the Ex Ante Perspective...

Osenga on the Bilski-v.-Kappos Hype

Posted on July 31, 2010
Kristen Jakobsen Osenga (University of Richmond - School of Law) has posted Waiting for Bilski: A Patent Story on SSRN. Here is the abstract: Bilski v. Kappos was a patent law case that captured the attention of not just intellectual...

Legal Theory Bookworm

Posted on July 31, 2010
The Legal Theory Bookworm recommends In Brown's Wake: Legacies of America's Educational Landmark by Martha Minow. Here is a description: What is the legacy of Brown vs. Board of Education? Well known for establishing racial equality as a central commitment...

Download of the Week

Posted on July 31, 2010
The Download of the Week is The Wages of Stealth Overruling (With Particular Attention to Miranda v. Arizona) by Barry Friedman. Here is the abstract: Over the last few years ? and especially following the 2006 Term ? commentators have...

Solum on the New Realities of the Legal Academy

Posted on July 30, 2010
Lawrence B. Solum (University of Illinois College of Law) has posted The New Realities of the Legal Academy on SSRN. Here is the abstract: This short paper is the Foreword to Brannon P. Denning, Marcia L. McCormick, and Jeffrey M....

Denning, McCormick, and Lipshaw on Becoming a Law Professor

Posted on July 30, 2010
Brannon P. Denning (Cumberland School of Law), Marcia L. McCormick (Saint Louis University - School of Law), & Jeffrey M. Lipshaw (Suffolk University Law School) have posted Becoming a Law Professor: A Candidate's Guide on SSRN. Here is the abstract:...

Pollack on Reverse Passing Off

Posted on July 30, 2010
Malla Pollack has posted Reclassifying Reverse Passing Off as Failure to Contract or as False Advertising (Boston University Journal of Science and Technology Law, Forthcoming) on SSRN. Here is the abstract: The tort of reverse passing off should be abolished...

McKanders on State & Local Immigration Laws & Jim Crow

Posted on July 30, 2010
Karla Mari McKanders (University of Tennessee College of Law) has posted Sustaining Tiered Personhood: Jim Crow and Anti-Immigrant Laws (Harvard Journal of Racial and Ethnic Justice, Vol. 26, p. 163, 2010) on SSRN. Here is the abstract: Latino immigrants are...

Jensen on the Tonnage Clause

Posted on July 30, 2010
Erik M. Jensen (Case Western Reserve University School of Law) has posted Quirky Constitutional Provisions Matter: The Tonnage Clause, Polar Tankers, and State Taxation of Commerce on SSRN. Here is the abstract: In Polar Tankers, Inc. v. City of Valdez,...

Koppelman on DOMA & Romer

Posted on July 30, 2010
Andrew Koppelman (Northwestern University School of Law) has posted Doma, Romer, and Rationality (Drake Law Review, Forthcoming) on SSRN. Here is the abstract: It has been objected by many that the Defense of Marriage Act lacks a rational basis because...

Kavanagh on the New UK Supreme Court & Judicial Independence

Posted on July 30, 2010
Aileen Kavanagh (University of Oxford- Faculty of Law) has posted A New Supreme Court for the United Kingdom: Some Reflections on Judicial Independence, Activism and Transparency on SSRN. Here is the abstract: On the 1st October 2009, the highest court...

Muchmore on Private Regulation & Foreign Conduct

Posted on July 29, 2010
Adam I. Muchmore (Penn State University - Dickinson School of Law) has posted Private Regulation and Foreign Conduct (San Diego Law Review, Vol. 47, No. 2, 2010) on SSRN. Here is the abstract: Current U.S. policy on safety regulation for...

Wells on Snyder v. Phelps

Posted on July 29, 2010
Christina E. Wells (University of Missouri School of Law) has posted Regulating Offensiveness: Snyder v. Phelps, Emotion, and the First Amendment on SSRN. Here is the abstract: In its upcoming term, the Court will decide in Snyder v. Phelps whether...

Brickman on Aggregate Settlements & Advance Client Waivers

Posted on July 29, 2010
Lester Brickman (Benjamin N. Cardozo School of Law) has posted Anatomy of an Aggregate Settlement: The Triumph of Temptation Over Ethics on SSRN. Here is the abstract: In an aggregate settlement, usually of a mass tort claim, a defendant agrees...

Jackson on Disclosure in Securitization Transactions

Posted on July 29, 2010
Howell E. Jackson (Harvard Law School) has posted Loan-Level Disclosure in Securitization Transactions: A Problem with Three Dimensions on SSRN. Here is the abstract: The collapse of the credit markets revealed that information critical to assessing the quality of many...

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