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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

Download of the Week

Posted on July 24, 2010
The Download of the Week is Sex In and Out of Intimacy by Laura Rosenbury and Jennifer E. Rothman. Here is the abstract: The state has long attempted to regulate sexual activity by channeling sex into various forms of state-supported...

Call for Papers: Legislation & Policy Brief

Posted on July 23, 2010
LEGISLATION & POLICY BRIEF - CALL FOR PAPERS The Legislation & Policy Brief is seeking law article submissions for the 2011 volume. The Brief is a legal publication that focuses on the development of legislation and the effects of the...

Vermeule on Open-Secret Voting

Posted on July 23, 2010
Adrian Vermeule (Harvard University - Harvard Law School) has posted Open-Secret Voting on SSRN. Here is the abstract: Stock debates about transparency and secrecy usually assume that open voting and secret voting are mutually exclusive. But these positions present a...

Kleinfeld on Whether International Law is Law

Posted on July 23, 2010
Joshua Kleinfeld (Normative Orders Excellence Cluster) has posted Skeptical Internationalism: A Study of Whether International Law is Law (Fordham Law Review, Vol. 78, No. 5, 2010) on SSRN. Here is the abstract: This paper asks whether international law should be...

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Donoghue on Magistrates' Courts & Anti-Social Behavior in England & Wales

Posted on July 23, 2010
Jane Donoghue (University of Oxford - Centre for Criminology) has posted Anti-Social Behaviour, Community Expectations and the Judicial Role in England and Wales on SSRN. Here is the abstract: This paper presents interim findings from an Economic and Social Research...

Dillard on Procreation, the Constitution, and the Nonidentity Problem

Posted on July 23, 2010
Carter Dillard (Loyola University New Orleans) has posted Procreation, Harm, and the Constitution (Northwestern University Law Review Colloquy) on SSRN. Here is the abstract: This Essay provides relatively novel answers to two related questions: First, are there moral reasons to...

Schwartz & Petherbridge on the Use of Legal Scholarship by the U.S. Courts of Appeals

Posted on July 23, 2010
David L. Schwartz (Chicago-Kent College of Law) & Lee Petherbridge (Loyola Law School Los Angeles) have posted The Use of Legal Scholarship by the Federal Courts of Appeals: An Empirical Study on SSRN. Here is the abstract: Chief Justice Roberts...

Buzuvis on Transgender Student-Athletes

Posted on July 23, 2010
Erin Buzuvis (Western New England College School of Law) has posted Transgender Student-Athletes and Sex-Segregated Sport: Developing Policies of Inclusion for Intercollegiate and Interscholastic Athletics on SSRN. Here is the abstract: Educators have long recognized the physical, psychological, social, and...

Vermeule on Second Opinions & Public Law

Posted on July 22, 2010
Adrian Vermeule (Harvard University - Harvard Law School) has posted Second Opinions on SSRN. Here is the abstract: There is a burgeoning literature on second opinions in professional contexts, as when patients or clients seek advice from a second doctor...

Gostin & Jacobson on the Public Health Provisions of the PPACA

Posted on July 22, 2010
Lawrence O. Gostin and Peter D. Jacobson (Georgetown University Law Center - O'Neill Institute for National and Global Health Law and University of Michigan School of Public Health) have posted Restoring Health to Health Reform (303 Journal of the American...

Liebman on the Qualifications Clause of the New York Constitution

Posted on July 22, 2010
Bennett Liebman (Albany Law School) has posted The Judge of the Qualifications of its Members (Government Law and Policy Journal, Vol. 12, No. 1, Spring 2010) on SSRN. Here is the abstract: New York State Constitution Article III, Section 9...

Easton on Factionalism & Rousseau, Madison, and Berlin

Posted on July 22, 2010
Whitney E. Easton (University of Connecticut) has posted Proving a Negative: Rousseau and Madison's Fear of Factionalism as Interpreted by Berlin's Two Concepts of Liberty (APSA 2010 Annual Meeting Paper) on SSRN. Here is the abstract: Often, the discussion that...

Rosenbury & Rothman on Sex, Intimacy, and the State

Posted on July 22, 2010
Laura Rosenbury and Jennifer E. Rothman (Washington University School of Law and Loyola Law School Los Angeles) have posted Sex In and Out of Intimacy (Emory Law Journal, Vol. 59, No. 809, 2010) on SSRN. Here is the abstract: The...

Gross & O'Brien Reply to Leo & Gould on False Convictions

Posted on July 22, 2010
Samuel R. Gross and Barbara O'Brien (University of Michigan Law School and Michigan State University - College of Law) have posted Reply to Richard A. Leo and Jon B. Gould (Ohio State Journal of Criminal Law, Vol. 9, 2010) on...

Calo on Privacy Harm

Posted on July 21, 2010
M. Ryan Calo (Stanford Law School) has posted The Boundaries of Privacy Harm on SSRN. Here is the abstract: Just as a burn is an injury caused by heat, so is privacy harm a unique injury with specific boundaries and...

Gostin & Jacobson on Distracted Driving

Posted on July 21, 2010
Lawrence O. Gostin and Peter D. Jacobson (Georgetown University Law Center - O'Neill Institute for National and Global Health Law and University of Michigan School of Public Health) have posted Reducing Distracted Driving: Regulation and Education to Avert Traffic Injuries...

Leslie on Nonprofits & Conflicts of Interest

Posted on July 21, 2010
Melanie B. Leslie (Cardozo Law School) has posted Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts of Interest (Chicago-Kent Law Review, Vol. 85, No. 2, p. 551, 2010) on SSRN. Here is the abstract: Fiduciary duty...

Winn on Electronic Commerce Law

Posted on July 21, 2010
Jane K. Winn (University of Washington - School of Law) has posted Electronic Commerce Law: Direct Regulation, Co-Regulation and Self-Regulation on SSRN. Here is the abstract: The global integration of markets has both eroded the sovereignty of national governments in...

Leiter on Tamanaha on the Formalist-Realist Divide

Posted on July 21, 2010
Brian Leiter (University of Chicago Law School) has posted Legal Formalism and Legal Realism: What is the Issue? (Legal Theory, Vol. 16, No. 2, 2010) on SSRN. Here is the abstract: This is a review essay discussing Brian Tamanaha?s book...

Padilla & Gal on Antitrust Law Transplantation

Posted on July 21, 2010
A. Jorge Padilla and Michal S. Gal (University of Haifa - Faculty of Law) have posted The Follower Phenomenon: Implications for the Design of Monopolization Rules in a Global Economy (Antitrust Law Journal , Vol. 76, No. 3, 2010) on...

Slobogin on Government Dragnets

Posted on July 20, 2010
Christopher Slobogin (Vanderbilt Law School) has posted Government Dragnets (Law and Contemporary Problems, Vol. 73, No. 3, 2010) on SSRN. Here is the abstract: This article examines group-focused police investigation techniques ? for instance, roadblocks, drug testing programs, area or...

Blasi & Doherty on Discrimination by State Employment Antidiscrimination Regimes

Posted on July 20, 2010
Gary Blasi and Joseph W. Doherty (University of California, Los Angeles (UCLA) - School of Law and University of California, Los Angeles - School of Law) have posted Do Antidiscrimination Regimes Discriminate? Processing Claims Through Administrative and Legal 'Pyramids' and...

Fagan & Geller on the Effects of Soto v. State on Racial Profiling

Posted on July 20, 2010
Jeffrey Fagan & Amanda Geller (Columbia Law School and Columbia University School of Social Work) have posted Profiling and Consent: Stops, Searches and Seizures after Soto on SSRN. Here is the abstract: Following Soto v State (1999), New Jersey was....

Rosenthal on Terry v. Ohio

Posted on July 20, 2010
Lawrence Rosenthal (Chapman University - School of Law) has posted Pragmatism, Originalism, Race, and the Case Against Terry v. Ohio (Texas Tech Law Review, Forthcoming) on SSRN. Here is the abstract: Perhaps no decision of the United States Supreme Court...

Brophy on Antebellum Thought on Law & Moral, Technological, and Economic Progress.

Posted on July 20, 2010
Alfred L. Brophy (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted The Republics of Liberty and Letters: Progress, Union, and Constitutionalism in Graduation Addresses at the Antebellum University of North Carolina on SSRN...

Garet on "The Blessings of Liberty"

Posted on July 20, 2010
Ronald R. Garet (University of Southern California Law School) has posted To Secure the Blessings on SSRN. Here is the abstract: The Constitution?s Preamble states, in part: ?We the people of the United States, in order to? secure the blessings...

Lister on Family-Based Immigration

Posted on July 19, 2010
Matthew J. Lister (University of Pennsylvania Law School) has posted Immigration, Association, and the Family (Law and Philosophy, Forthcoming, U of Penn Law School) on SSRN. Here is the abstract: In this paper I provide a philosophical analysis of family-based...

Zamir on Loss Aversion & Law

Posted on July 19, 2010
Eyal Zamir (Hebrew University of Jerusalem - Faculty of Law) has posted Loss Aversion and Law's Formation on SSRN. Here is the abstract: Why is tort law much more developed than unjust enrichment law? Is there a reason for the...

Schwartz on Foundations & the Theory of Evidence

Posted on July 19, 2010
David S. Schwartz (University of Wisconsin Law School) has posted A Foundation Theory of Evidence on SSRN. Here is the abstract: Conventional evidence theory maintains that the relevance is the fundamental principle of evidence law, because it provides a general...

Wittig on the Effects of WTO Disputes on Shareholder Wealth

Posted on July 19, 2010
Stephan A. Wittig (University of Hamburg - Institute of Law and Economics) has posted The Shareholder Wealth Implications of WTO Disputes: First Evidence from Anti-Subsidy Panels on SSRN. Here is the abstract: This event study investigates how capital markets evaluate...

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