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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

Oman on Mahr Contracts & Legal Specialization

Posted on April 22, 2010
Nathan B. Oman (William & Mary Law School) has posted Bargaining in the Shadow of God?s Law: Islamic 'Mahr' Contracts and the Perils of Legal Specialization (Wake Forest Law Review) on SSRN. Here is the abstract: For a century, the...

Norton on a Post-Racial Zero-Sum Conception of Equality

Posted on April 22, 2010
Helen L. Norton (University of Colorado School of Law) has posted The Supreme Court's Post-Racial Turn Towards A Zero-Sum Understanding of Equality (William & Mary Law Review, Forthcoming) on SSRN. Here is the abstract: The Supreme Court ? along with...

Walter F. Murphy

Posted on April 21, 2010
Walter F. Murphy, McCormick Professor of Jurisprudence, Emeritus, at Princeton University has passed away. Here is his bio from the Princeton website, which has not yet been updated to reflect his passing: Walter F. Murphy, McCormick Professor of Jurisprudence Emeritus...

Criddle & Fox-Decent on Human Rights & Emergencies

Posted on April 21, 2010
Evan J. Criddle and Evan Fox-Decent (Syracuse University College of Law and McGill University - Faculty of Law) have posted Human Rights, Emergencies, and the Rule of Law on SSRN. Here is the abstract: Experience suggests that public emergencies pose...

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Orentlicher on Health Care Law

Posted on April 21, 2010
David Orentlicher (Indiana University School of Law-Indianapolis) has posted Health Care Law: A Field of Gaps (Annals of Health Law, Vol. 19, No. 1, 2010) on SSRN. Here is the abstract: During the past 25 years, a number of issues...

Hasen on Buckley v. Valeo

Posted on April 21, 2010
Richard L. Hasen (Loyola Law School Los Angeles) has posted The Nine Lives of Buckley v. Valeo (FIRST AMENDMENT STORIES, Richard W. Garnett, Andrew Koppelman, eds., Foundation Press, 2010) on SSRN. Here is the abstract: Buckley v. Valeo has been...

Berman on Two Kinds of Retributivism

Posted on April 21, 2010
Mitchell N. Berman (University of Texas School of Law) has posted Two Kinds of Retributivism on SSRN. Here is the abstract: This essay, written as a contribution to a forthcoming volume on the philosophical foundations of the criminal law, challenges...

Portmore on Consequentialism & Uncertainty

Posted on April 21, 2010
Check out Douglas Portmore's post, Consequentialism and Uncertainty on PEA. A taste: Let us define objective consequentialism and subjective consequentialism, respectively, as follows: OC: S?s performing x is morally permissible if and only if, and because, there is no alternative...

Oren on Child Evacuation

Posted on April 21, 2010
Laura E. Oren (University of Houston Law Center) has posted Children and Disasters: Child Evacuation in World War II and Public Policy (CHILDREN AND DISASTERS: WHAT HAVE WE LEARNED FROM THE HURRICANES OF 2005?, Howard Davidson, Ellen Marrus, Laura Oren,...

Moller on Procedural Ambiguity

Posted on April 21, 2010
Mark Moller (DePaul University - College of Law) has posted Procedure's Ambiguity (Indiana Law Journal, Vol. 86, 2010) on SSRN. Here is the abstract: By leaving the meaning of a statute ? or procedural rule ? undecided, ambiguous appellate decisions....

Shin on Unconscious Discrimination

Posted on April 20, 2010
Patrick S. Shin (Suffolk University Law School) has posted Liability for Unconscious Discrimination? A Thought Experiment in the Theory of Employment Discrimination Law (Hastings Law Journal, Forthcoming) on SSRN. Here is the abstract: A steadily mounting body of social science...

Cohen on Governance Legalism, Hayek, and Sabel

Posted on April 20, 2010
Amy J. Cohen (Ohio State University Moritz College of Law) has posted Governance Legalism: Hayek and Sabel on Reason and Rules, Organization and Law (Wisconsin Law Review, Forthcoming) on SSRN. Here is the abstract: The field of new governance has...

Hashimoto on Class & Criminal Justice

Posted on April 20, 2010
Erica J. Hashimoto (University of Georgia Law School) has posted Class Matters on SSRN. Here is the abstract: Poor people constitute one of the most overrepresented categories of people in the criminal justice system. Why is that so? Unfortunately, we...

Dagan on Law and Rationality

Posted on April 20, 2010
Hanoch Dagan (Tel Aviv University - Buchmann Faculty of Law) has posted Between Rationality and Benevolence: The Happy Ambivalence of Law and Legal Theory (Alabama Law Review, 2011) on SSRN. Here is the abstract: My aim in this Lecture is...

United States v. Stevens Available Online

Posted on April 20, 2010
The Supreme Court's decision in United States v. Stevens, striking down as substantially overbroad the federal law making it a crime to depict animal cruelty in commercial expression, is available here.

Anenson on Unclean Hands

Posted on April 20, 2010
T. Leigh Anenson (University of Maryland - Robert H. Smith School of Business) has posted Beyond Chafee: A Process-Based Theory of Unclean Hands (American Business Law Journal, Vol. 47, 2010) on SSRN. Here is the abstract: This paper presents a...

Sekhon on Equality & Equal Protection Jurisprudence

Posted on April 20, 2010
Nirej Sekhon (Georgia State University College of Law) has posted Equality and Identity Hierarchy (NYU Journal of Law & Liberty, Vol. 3, p. 349, 2008) on SSRN. Here is the abstract: Equal protection scholars have all but abandoned the possibility...

Galle on the Health Care Individual Responsibility Requirement & the Taxation Power

Posted on April 19, 2010
Brian D. Galle (Florida State University College of Law; GWU Law School) has posted Conditional Taxation and the Constitutionality of Health Care Reform (Yale Law Journal Online, Forthcoming) on SSRN. Here is the abstract: This brief essay argues that the...

Brophy on Judge Wood's Extra-Judicial Writings

Posted on April 19, 2010
This useful post is on The Faculty Lounge here.

Calamita on International Parallel Proceedings & Comity

Posted on April 19, 2010
N. Jansen Calamita (University of Birmingham, School of Law) has posted Rethinking Comity: Towards a Coherent Treatment of International Parallel Proceedings (University of Pennsylvania Journal of International Economic Law, Vol. 27, No. 3, 2006) on SSRN...

Steinitz on Third Party Litigation Funding

Posted on April 19, 2010
Dr. Maya Steinitz (Columbia Law School) has posted Whose Claim is this Anyway? Third Party Litigation Funding (Minnesota Law Review, Vol. 95, No. 4, 2011) on SSRN. Here is the abstract: Third party litigation funding, or litigation finance, is a...

Carbone & Cahn on Embryos & Assisted Reproduction Technologies

Posted on April 19, 2010
June Carbone and Naomi Cahn (University of Missouri at Kansas City School of Law and George Washington University - Law School) have posted Embryo Fundamentalism (William & Mary Bill of Rights, Forthcoming) on SSRN. Here is the abstract: The battle...

Kerr on the 4th Amendment & the Internet

Posted on April 19, 2010
Orin Kerr's Applying the Fourth Amendment to the Internet: A General Approach, 62 Stan. L. Rev. 1005 (2010) is now available on the Internet. Here is the abstract:This Article offers a general framework for applying the Fourth Amendment to the...

Legal Theory Lexicon: Contractarianism, Contractualism, and the Social Contract

Posted on April 18, 2010
Introduction Some of the key conceptual tools deployed by legal theorists are likely to be familiar to most law students from their undergraduate education. One of these is the notion of the "social contract"--familiar from Hobbes, Locke, and Rousseau...

Legal Theory Bookworm

Posted on April 17, 2010
The Legal Theory Bookworm recommends A Companion to Philosophy of Law and Legal Theory edited by Dennis Patterson. Here is the table of contents: Part I: Areas of Law: 1. Property Law (Jeremy Waldron, New York University School of Law)....

Download of the Week

Posted on April 17, 2010
The Download of the Week is Money Talks But it Isn't Speech by Deborah Hellman. Here is the abstract: This Article challenges the central premise of our campaign finance law, namely that restrictions on giving and spending money constitute restrictions...

Wala on Conspiracy to Commit War Crimes

Posted on April 17, 2010
Raha Wala (Georgetown Law) has posted From Guantanamo to Nuremberg and Back: An Analysis of Conspiracy to Commit War Crimes under International Humanitarian Law (Georgetown Journal of International Law, Forthcoming) on SSRN. Here is the abstract: The use of military...

Shaw on Citizenship & Polity Formation in the EU

Posted on April 16, 2010
Jo Shaw (University of Edinburgh) has posted Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism on SSRN. Here is the abstract: This paper explores the different ways in which citizenship has played a role in polity formation in...

Bellamy on Liberal Ideals & Real Politics

Posted on April 16, 2010
Richard Bellamy (University College London - Department of Political Science) has posted Dirty Hands and Clean Gloves: The Disabuse and Use of Liberal Ideals by Real Politics (European Journal of Political Thought, Forthcoming) on SSRN. Here is the abstract: Can...

New on the Stanford Encyclopedia of Philosophy

Posted on April 16, 2010
New from from Stanford Encyclopedia of Philosophy, Realism by Alexander Miller. Here is a taste: The question of the nature and plausibility of realism arises with respect to a large number of subject matters, including ethics, aesthetics, causation, modality, science,...

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