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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

Taslitz on Probable Cause

Posted on February 12, 2010
Andrew E. Taslitz (Howard University - School of Law) has posted What is Probable Cause, and Why Should We Care? The Costs, Benefits, and Meaning of Individualized Suspicion (Law & Contemporary Problems, Forthcoming) on SSRN. Here is the abstract: The...

Elhauge on the Antitrust Issues in the Google Books Settlement

Posted on February 12, 2010
Einer Elhauge (Harvard University - Harvard Law School) has posted Framing the Antitrust Issues in the Google Books Settlement (GCP: The Antitrust Chronicle October, No. 2009) on SSRN. Here is the abstract: Proper analysis of the Google books settlement requires...

Abbott & Snidal on a Typology of International Governance

Posted on February 12, 2010
Kenneth W. Abbott and Duncan Snidal (Arizona State University - College of Law and University of Chicago Political Science) have posted International 'Standards' and International Governance (Journal of European Public Policy, Vol. 8, No. 3, p. 345-370) on SSRN...

Wright on Guardianships & Well Being

Posted on February 11, 2010
Jennifer L. Wright (University of St. Thomas, St. Paul/Minneapolis, MN - School of Law) has posted Guardianship for Your Own Good: Improving the Well-Being of Respondents and Wards on SSRN. Here is the abstract: Adult guardianship is a coercive exercise...

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The Interpretation-Construction Distinction & the Recent Conference at San Diego

Posted on February 11, 2010
Mike Rappaport blogs today on the marvelous conference that he and Mike Ramsey organized at the University of San Diego. By the by, he comments: One particular highlight of the conference was the last session, in which Larry Solum gave...

Johnson on Immigration Reform

Posted on February 11, 2010
Kevin R. Johnson (University of California, Davis - School of Law) has posted It?s the Economy, Stupid: The Hijacking of the Debate Over Immigration Reform by Monsters, Ghosts, and Goblins (or the War on Drugs, War on Terror, Narcoterrorists, Etc.)...

Leiter on Szubka on Rorty

Posted on February 11, 2010
Brian Leiter (University of Chicago Law School) has posted Rorty and the Philosophical Tradition: A Comment on Professor Szubka on SSRN. Here is the abstract: I agree with Tadusz Szubka's thesis that there is a "partial" continuity between Rorty's work...

Lipshaw on Business Lawyering Judgments

Posted on February 11, 2010
Jeff Lipshaw has posted The Venn Diagram of Business Lawyering Judgments: Toward a Theory of Practical Metadisciplinarity on SSRN. Here is the abstract: The relationship of pure and mixed business and legal judgment can be modeled in a Venn diagram.....

Cotterrell on Legal Pluralism & the Concept of Law

Posted on February 11, 2010
Roger Cotterrell (Queen Mary University of London, School of Law) has posted Does Legal Pluralism Need a Concept of Law? (Law and Politics Book Review, Vol. 19, No. 10, pp. 774-779, 2009) on SSRN. Here is the abstract: This paper,...

Taslitz on Police Suspicion Judgments

Posted on February 11, 2010
Andrew E. Taslitz (Howard University - School of Law) has posted Police are People Too: Cognitive Obstacles to, and Opportunities for, Police Getting the Individualized Suspicion Judgment Right (Ohio State Journal of Criminal Law, Forthcoming) on SSRN...

Render on Sex-Respecting Generalizations

Posted on February 10, 2010
Meredith Render (The University of Alabama School of Law) has posted Gender Rules (Yale Journal of Law & Feminism, Forthcoming) on SSRN. Here is the abstract: Sex-stereotypes are of perennial concern within antidiscrimination law and theory, yet there is widespread...

Dyevre on Legal Positivism & Evolutionary Psychology

Posted on February 10, 2010
Arthur Dyevre (CEPC) has posted Legal Positivism and Evolutionary Psychology: Can Legal Positivists Learn Something from Darwin? on SSRN. Here is the abstract: In the present essay, I consider the relevance of Evolutionary Psychology (EP) for legal positivism, addressing the...

Tamanaha on Quantitative Studies of Judging & Rule of Law Baselines

Posted on February 10, 2010
Brian Z. Tamanaha (Washington University School of Law in St. Louis) has posted Devising Rule of Law Baselines: The Next Step in Quantitative Studies of Judging (Duke Law Journal, On-line version) on SSRN. Here is the abstract: Political scientists and...

Primus on Friedman on Public Opinion & Constitutional Interpretation

Posted on February 10, 2010
Richard Primus (University of Michigan Law School) has posted Public Consensus as Constitutional Authority (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract: Barry Friedman's new book "The Will of the People" attempts to dissolve constitutional law's countermajoritarian...

Taslitz on Fourth Amendment Federalism & the Poor

Posted on February 10, 2010
Andrew E. Taslitz (Howard University - School of Law) has posted Fourth Amendment Federalism and the Silencing of the American Poor (Chicago-Kent Law Review, Forthcoming) on SSRN. Here is the abstract: In a recent case, Virginia v. Moore, the United....

Shavell on Copyright in Academic Works

Posted on February 10, 2010
Steven Shavell (Harvard Law School; National Bureau of Economic Research) has posted Should Copyright of Academic Works be Abolished? (The Journal of Legal Analysis, Forthcoming) on SSRN. Here is the abstract: The conventional rationale for copyright of written works, that...

Kahan, Jenkins-Smith, & Braman on Cultural Cognition & Scientific Consensus

Posted on February 09, 2010
Dan M. Kahan, Hank Jenkins-Smith and Donald Braman (Yale University - Law School, University of Oklahoma, George Washington University - Law School and Cultural Cognition Project) have posted Cultural Cognition of Scientific Consensus on SSRN. Here is the abstract: Why...

Chin & Lindenbaum on the Special Docket of the U.S. Supreme Court

Posted on February 09, 2010
Gabriel J. Chin and Sara Lindenbaum (University of Arizona James E. Rogers College of Law and University of Arizona - James E. Rogers College of Law) have posted Reaching Out to Do Justice: The Rise and Fall of the Special...

Estreicher on Bradley & Gulati on Customary International Law

Posted on February 09, 2010
Samuel Estreicher (New York University Law School) has posted Opting Out of Customary International Law? Some Cautionary Notes on SSRN. Here is the abstract: Duke law professors Curtis Bradley and Mitu Gulati (B&G) have written a very interesting, original paper...

Matsusaka & Hasen on the Sing Subject Rule for Initiatives

Posted on February 09, 2010
John G. Matsusaka and Richard L. Hasen (University of Southern California - Marshall School of Business and Loyola Law School Los Angeles) have posted Aggressive Enforcement of the Single Subject Rule on SSRN. Here is the abstract: Most states require...

Davidov & Reichman on Deference to the Military in Prolonged Armed Conflicts

Posted on February 09, 2010
Guy Davidov and Amnon Reichman (Hebrew University of Jerusalem - Faculty of Law and University of Haifa - Faculty of Law) have posted Prolonged Armed Conflict and Diminished Deference to the Military: Lessons from Israel (Law & Social Inquiry, 2010)....

McGreal on Jensen v. Quaring

Posted on February 09, 2010
Paul E. McGreal (Southern Illinois University at Carbondale - School of Law) has posted The Unpublished Free Exercise Opinion in Jensen v. Quaring (Southern Illinois University Law Journal) on SSRN. Here is the abstract: Since they were opened to the...

Ginsburg on Originalism & Economic Analysis

Posted on February 08, 2010
Douglas Ginsburg has posted Originalism & Economic Analysis: Two Case Studies of Consistency and Coherence in Supreme Court Decision Making, 33 Harvard Journal of Law & Public Policy 217 (2010), on the Internet. Here is an excerpt: To be sure,...

McGlinchy Lecture at Tulane Today: Can Living Constitutionalism Be Reconciled with Original Intent?

Posted on February 08, 2010
It is my very great honor to give the McGlinchy Lecture today at Tulane University Law School. Here is a description of the lecture series: The McGlinchey Lecture was established in 1996 by the law firm of McGlinchey Stafford, to...

Dillard on Future Children as Property

Posted on February 08, 2010
Carter Dillard (Loyola University New Orleans) has posted Future Children as Property (Duke Journal of Gender Law & Policy, Forthcoming) on SSRN. Here is the abstract: Between Skinner v. Oklahoma and the advent of modern substantive due process, procreation, at...

McGinnis & Rappaport on Welfare & Original Methods Originalism

Posted on February 08, 2010
John O. McGinnis (Northwestern University - School of Law) & Michael B. Rappaport (University of San Diego School of Law) have posted Originalism and the Good Constitution (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract: In this article...

Dolan on Government Speech & the Establishment Clause

Posted on February 08, 2010
Mary Jean Dolan (The John Marshall Law School) has posted Government Identity Messages and Religion: The Endorsement Test after Summum on SSRN. Here is the abstract: This Article offers an in-depth analysis of the opinions in Pleasant Grove v. Summum...

Vischer on Catholic Legal Theory

Posted on February 08, 2010
Robert K. Vischer (University of St. Thomas, St. Paul/Minneapolis, MN - School of Law) has posted Whn is a Catholic Doing Legal Theory Doing ?Catholic Legal Theory?? (Seton Hall Law Review, Forthcoming) on SSRN. Here is the abstract: What does...

Legal Theory Lexicon: Libertarian Theories of Law

Posted on February 07, 2010
Introduction The dominant approaches to normative legal theory in the American legal academy converge on fairly robust role for the state and government subject to the constraints imposed by an equally robust set of individual rights. Normative legal theorists of...

Legal Theory Bookworm

Posted on February 06, 2010
The Legal Theory Bookworm recommends Law, Economics, and Morality by Eyal Zamir and Barak Medina. Here is a description: Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral...

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