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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

Markel & Flanders on Subjective Experiences of Punishment & Retributivism

Posted on April 12, 2010
Dan Markel (Florida State University College of Law) & Chad Flanders (Saint Louis University - School of Law) have posted Bentham on Stilts: The Bare Relevance of Subjectivity to Retributive Justice (California Law Review, Vol. 98, No. 4, 2010) on...

Conference Announcement: Workshop on Punishment & Justice

Posted on April 12, 2010
From Thom Brooks: Workshop on Punishment and Justice Friday May 21st Cathleen Edie Room, Abedare Hall, Cardiff University Questions about the preconditions on theories of punishment have been raised in recent philosophical literature. In particular, the question of what the...

New on the Stanford Encyclopedia of Philosophy (and some comments on the importance of Quine for Legal Theory)

Posted on April 12, 2010
Peter Hylton, Willard Van Orman Quine, Stanford Encyclopedia of Philosophy. Although I suspect that most readers of LTB have some basic familiarity with Quine, I am sure that many do not. Several of Quine's ideas are part of the basic...

Markel Reports on Scalia's Remarks at FSU

Posted on April 12, 2010
At Prawfs, here.

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Entry Level Hiring Survey 2010

Posted on April 12, 2010
My apologies for the delay in posting results. Family health issues and other commitments have delayed publication of the results so far. I expect to post results by late this evening. Once again, it is time for the Entry Level...

Feinberg on Family Reunification, Immigration, and the Plus-One Proposal

Posted on April 12, 2010
Jessica Feinberg (DePaul University College of Law) has posted The Plus One Policy: An Autonomous Model of Family Reunification (Nevada Law Review, Forthcoming) on SSRN. Here is the abstract: Citizens who share close, important relationships with non-citizens often face significant...

Hasen on Replacing Scalia

Posted on April 12, 2010
On Slate, Looking ahead to Justice Antonin Scalia's retirement by Richard L. Hasen. A taste: President Obama's political task, three years from now, will be to convince the country that he, not a Republican president, should make that potential appointment...

New on the Stanford Encyclopedia of Philosophy

Posted on April 12, 2010
Public Health Ethics by by Ruth Faden and Sirine Shebaya.

Legal Theory Lexicon: Realist Deconstruction of Formal Legal Categories

Posted on April 11, 2010
Introduction Many of the Legal Theory Lexicon entires provide tools--the argumentative moves and theoretical constructs that should be in any legal theorist's toolkit. Lot's of these are drawn from other disciplines: for example, the distinction between "Concepts" and "Conceptions" is...

NYT Short Bios of the Supreme Court Nomination "Short List"

Posted on April 11, 2010
Here. The New York Times provides a short biography plus political pros and cons for each member of the "short list."

Humbach on Free Will & Virtue Ethics

Posted on April 10, 2010
John A. Humbach (Pace University School of Law) has posted Free Will Ideology: Experiments, Evolution and Virtue Ethics on SSRN. Here is the abstract: The concept of free will in criminal justice is highly problematic. First of all, free will...

Chappell on Korsgaard on Kant on Inquiring Murderers

Posted on April 10, 2010
Nice post. Here is a taste: Suppose a Nazi knocks at your door, asking whether the fellow peeking out of your upstairs window is a Jew. (He is.) Is it okay to lie to such inquiring murderers? Kant notoriously insisted...

Legal Theory Bookworm

Posted on April 10, 2010
The Legal Theory Bookworm recommends The Ideological Origins of American Federalism by Alison L. LaCroix. Here is a description: Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting...

Download of the Week

Posted on April 10, 2010
The Download of the Week is Relational Formalism, Linguistic Theory and Legal Construction by Jonathan Yovel. Here is the abstract: Legal formalism and legal relationalism are traditionally thought of as defining opposite poles of jurisprudential analysis...

Denniston on the Stevens's Retirement, Kennedy, and the Internal Dynamics of the Supreme Court

Posted on April 10, 2010
This is a must read. Here is a taste: If it has been so that the Supreme Court could properly be called the ?Kennedy Court,? because of Justice Anthony M. Kennedy?s grip on a tie-breaking vote much of the time,...

Perez on Nanotechnology Regulation, Democracy, and the Precautionary Principle

Posted on April 09, 2010
Oren Perez (Bar-Ilan University - Faculty of Law) has posted Precautionary Governance and the Limits of Scientific Knowledge: A Democratic Framework for Regulating Nanotechnology (UCLA Journal of Environmental Law and Policy, Forthcoming) on SSRN. Here is the abstract: Nanotechnology presents...

Wolff's Memoir's

Posted on April 09, 2010
I assume that most readers of LTB have already discovered the ongoing memoir's by Robert Paul Wolff--the sixth installment is here. Witty, fascinating, funny, revealing!

Events from Legal Scholarship Blog Today

Posted on April 09, 2010
From Legal Scholarship Blog: Kansas Bruce Green (Fordham). Queen?s University Ronald J. Gilson (Columbia), Economically Benevolent Dictators: Lessons for Developing Democracies. Thoma Jefferson Gowri Ramachandran (Southwestern), Assault and Battery on Property.

Cumberland on Originalism in a Nutshell

Posted on April 09, 2010
Emily C. Cumberland has posted Originalism, in a Nutshell on the Internet. Here is a taste: What is originalism? It is a bedrock of constitutional interpretation for federalists, but many have found it difficult to define comprehensively what it means...

Cramer, Johnson, & Mocsary on the Public Meaning of the Second Amendment at the time the Fourteenth Was Ratifies

Posted on April 09, 2010
Clayton E. Cramer (College of Western Idaho), Nicholas James Johnson (Fordham University - School of Law), and George A. Mocsary (United States Court of Appeals for the Tenth Circuit) have posted ?This Right is Not Allowed by Governments that are...

Stevens Retires

Posted on April 09, 2010
Here is a Washington Post story from the AP.

Taekema on the Relative Autonomy of Legal Scholarship

Posted on April 09, 2010
Sanne Taekema (Erasmus University Rotterdam (EUR) - Erasmus School of Law) has posted Relative Autonomy, A Characterisation of the Discipline of Law on SSRN. Here is the abstract: Thinking about the importance of interdisciplinary research for legal scholarship immediately raises...

Grove on Congressional Power over Federal Jurisdiction

Posted on April 09, 2010
Tara Leigh Grove (Florida State University - College of Law) has posted The Structural Safeguards of Federal Jurisdiction (Harvard Law Review, 2011) on SSRN. Here is the abstract: Scholars have long debated Congress?s power to curb federal jurisdiction and have...

Schroeder on Obsession with Bonuses

Posted on April 08, 2010
Jeanne L. Schroeder (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Wall Street's Obsession with Bonuses on SSRN. Here is the abstract: The common adage ? ?money is the root of all evil? ? is a mistranslation...

Newton on Democratic Cultivation

Posted on April 08, 2010
Benjamin Patrick Newton (Department of Government and Politics, University of Maryland College Park) has posted An Essay on the Salutary Habits of Restraint or, Cultivating Democracy on SSRN. Here is the abstract: What is cultivation, that refinement of which all...

Richards on Brandeis, Privacy, and Speech

Posted on April 08, 2010
Neil M. Richards (Washington University School of Law) has posted The Puzzle of Brandeis, Privacy, and Speech (Vanderbilt Law Review, Vol. 63, 2010) on SSRN. Here is the abstract: Most courts and scholarship assume that privacy and free speech are...

Garnett on Religious Liberty

Posted on April 08, 2010
Richard W. Garnett (Notre Dame Law School) has posted Religious Liberty, Church Autonomy, and the Structure of Freedom (CHRISTIANITY AND HUMAN RIGHTS: AN INTRODUCTION, John Witte, Jr. and Frank S. Alexander eds., pp. 226-238, Cambridge University Press, 2010) on SSRN...

Shapiro on Law Clerks & Ideology on the Supreme Court

Posted on April 08, 2010
Carolyn Shapiro (Illinois Institute of Technology - Chicago-Kent College of Law) has posted The Law Clerk Proxy Wars: Secrecy, Accountability, and Ideology in the Supreme Court (Florida State University Law Review, Vol. 37, No. 1, 2009) on SSRN. Here is...

Conference Announcement: How Democratic Is the Constitution at Loyola Chicago

Posted on April 08, 2010
Conference Announcement and Call for Papers A Constitutional Law Colloquium: ?How Democratic is the Constitution?? November 5 & 6, 2010 Loyola University Chicago School of Law is organizing A Constitutional Law Colloquium at the Philip H. Corboy Law Center, 25...

Klein on Water Export & the Dormant Commerce Clause

Posted on April 08, 2010
Christine A. Klein (University of Florida - College of Law) has posted The Dormant Commerce Clause and Water Export: Toward a New Analytical Paradigm (Harvard Environmental Law Review, Vol. 35, 2011) on SSRN. Here is the abstract: Facing water shortages,...

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