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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

Taekema on Olsen & Toddington on Transparent Autonomy of Law

Posted on January 27, 2010
Sanne Taekema (Erasmus University Rotterdam (EUR) - Erasmus School of Law) has posted What Should Be Transparent in Law? A Pragmatist Strategy to Justify Legal Decisions on SSRN. Here is the abstract: This is a paper I presented at the...

Blackman on Originalism in Citizens United

Posted on January 26, 2010
Josh Blackman has a very useful post with excerpts from Scalia and Stevens on originalism in Citizens United. Check it out!

Listokin on Bayesian Contract Interpretation

Posted on January 26, 2010
Yair Listokin (Yale Law School) has posted Bayesian Contractual Interpretation (Journal of Legal Studies, Forthcoming) on SSRN. Here is the abstract: Courts seeking the most likely intent of contracting parties should interpret contracts according to Bayes? Rule...

Marks on Work Product & Anticipation of Litigation

Posted on January 26, 2010
Colin P. Marks (St. Mary's University School of Law) has posted The Anticipation Misconception on SSRN. Here is the abstract: Many commentators and courts have cited to the Supreme Court decision of Hickman v. Taylor as the genesis of the...

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Davis & Leo on Interrogation by Pragmatic Implication

Posted on January 26, 2010
Deborah Davis and Richard A. Leo (University of Nevada, Reno and University of San Francisco - School of Law) have posted Interrogation Through Pragmatic Implication: Sticking to the Letter of the Law While Violating its Intent (OXFORD HANDBOOK ON LANGUAGE...

Cotter on Patenability & Burkeanism

Posted on January 26, 2010
Thomas F. Cotter (University of Minnesota Law School) has posted A Burkean Perspective on Patent Eligibility, Part II: Reflections on the (Counter)Revolution in Patent Law (Minnesota Journal of Law, Science & Technology, Forthcoming) on SSRN. Here is the abstract: In...

Trolley Problem Humor

Posted on January 26, 2010
Check this out! (Hat tip to Jacob Levy!)

Dorfman on Explaining Tort Law

Posted on January 26, 2010
Avihay Dorfman (Tel Aviv Univrsity Faculty of Law) has posted The Case Against External Explanations of Tort Law: Can Antecedent Values Divine the Deep Structure of Tort Law? on SSRN. Here is the abstract: In this paper I discuss the...

Simon on Civil Society Organizations in China

Posted on January 26, 2010
Karla W. Simon (Catholic University of America - Columbus School of Law) has posted Two Steps Forward One Step Back - Developments in the Regulation of Civil Society Organizations in China (International Law Journal of Civil Society Law, Vol. 7,...

Hovenkampon Post-Sale Restraints

Posted on January 25, 2010
Herbert J. Hovenkamp (University of Iowa - College of Law) has posted Post-Sale Restraints and Competitive Harm on SSRN. Here is the abstract: A post-sale restraint is a condition or contract provision that operates after a good has been sold....

Green on Alexander, Ferzan, & Morse on Criminal Law Theory

Posted on January 25, 2010
Stuart P. Green (Rutgers Law School-Newark) has posted Review Essay: Golden Rule Ethics and the Death of the Criminal Law's Special Part (Criminal Justice Ethics, Forthcoming, CRIME AND CULPABILITY: A THEORY OF CRIMINAL LAW, Larry Alexander, Kimberly Kessler Ferzan, Stephen...

Legal Theory Lexicon: Legitimacy

Posted on January 25, 2010
Introduction Legitimacy. It?s a word much bandied about by students of the law. ?Bush v. Gore was an illegitimate decision.? ?The Supreme Court?s implied fundamental rights jurisprudence lacks legitimacy.? ?The invasion of Iraq does not have a legitimate basis in...

Barton on "Civil Gideon"

Posted on January 25, 2010
Benjamin Barton (University of Tennessee College of Law) has posted Against Civil Gideon (and for Pro Se Court Reform) on SSRN. Here is the abstract: This Article argues that the pursuit of a civil Gideon (a civil guarantee of counsel...

Wood on the Austrailian High Court & the Attitudinal Model

Posted on January 25, 2010
Rebecca Wood (University of Nevada Las Vegas) has posted Disagreement on the Australian High Court: Reconsidering the Legalist Model on SSRN. Here is the abstract: Traditionally, the Australian High Court has relied heavily on the legalist model of decision making...

Harris on Butler on Criminal Justice Reform

Posted on January 25, 2010
David A. Harris (University of Pittsburgh - School of Law) has posted Book Review : 'Let's Get Free: A Hip-Hop Theory of Justice,' by Paul Butler (The New Press, 2009) (Criminal Justice, Vol. 24, No.4, Winter 2010) on SSRN. Here...

Legal Theory Bookworm

Posted on January 23, 2010
The Legal Theory Bookworm recommends Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership by Eduardo M. Penalver & Sonia Katyal. Here is a description: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case...

Download of the Week

Posted on January 23, 2010
The Download of the Week is What is Tort Law for? Part 1: The Place of Corrective Justice by John Gardner. Here is the abstract: In this paper I discuss the proposal that the law of torts exists to do...

Garnett on Citizens United

Posted on January 22, 2010
Rick Garnett has a post on Citizens United on Bench Memos. Here is a taste: Blogospheric-commentators' predictions are, to put it mildly, not worth much. That said, one can assert confidently, without any fear of being contradicted or proved mistaken,...

Measuring the Effects of Campaign Advertising

Posted on January 22, 2010
In the wake of Citizens United, readers may be interested in the effect of advertising on election results. Here are two relevant papers: 1) Huber, Gregory A. and Kevin Arceneaux. 2007. "Identifying the Persuasive Effects of Presidential Advertising." American Journal...

Henderson on Securities Disclosures & Climate Change

Posted on January 22, 2010
Gail Elizabeth Henderson (University of Toronto) has posted The Materiality of Climate Change and the Role of Voluntary Disclosure on SSRN. Here is the abstract: Investor groups in both Canada and the U.S. have petitioned the Ontario Securities Commission and...

Prakash on Executive Power

Posted on January 22, 2010
Saikrishna Prakash (University of Virginia - School of Law) has posted Imperial and Imperiled: The Curious State of The Executive (William & Mary Law Review, Vol. 50) on SSRN. Here is the abstract: In the last four decades, characterizations of...

Solum on Incorporation & Originalism

Posted on January 22, 2010
Lawrence B. Solum (University of Illinois College of Law) has posted Incorporation and Originalist Theory (Journal of Contemporary Legal issues, Vol. 18, No. 409, 2009) on SSRN. Here is the abstract: Does the Fourteenth Amendment of the United States Constitution...

Gardner on Tort & Corrective Justice

Posted on January 22, 2010
John Gardner (University of Oxford - Faculty of Law) has posted What is Tort Law for? Part 1: The Place of Corrective Justice on SSRN. Here is the abstract: In this paper I discuss the proposal that the law of...

Kellog on Positivism & Indeterminacy

Posted on January 22, 2010
Frederic R. Kellogg (The George Washington University) has posted The Construction of Legal Positivism and the Myth of Legal Indeterminacy (The Pluralist, Journal of the Society for the Advancement of American Philosophy, Forthcoming) on SSRN. Here is the abstract: This...

Babie on Climate Change & Private Property

Posted on January 22, 2010
Paul T. Babie (University of Adelaide - Law School) has posted Climate Change and the Concept of Private Property (REVELLING IN THE WILDS OF CLIMATE CHANGE LAW, Rosemary Lyster, ed., Australian Academic Press: Brisbane, Forthcoming) on SSRN. Here is the...

Dehn on the Commander-in-Chief Power & Authority to Wage War

Posted on January 22, 2010
John C. Dehn (United States Military Academy - Department of Law) has posted The Command-in-Chief and the Necessities of War: A Conceptual Framework on SSRN. Here is the abstract: While claims of plenary presidential authority to wage war have been...

Angelo on Agricultural Policy & Climate Change

Posted on January 21, 2010
Mary Jane Angelo (University of Florida Levin College of Law) has posted Corn, Carbon and Conservation: Rethinking U.S. Agricultural Policy in a Changing Global Environment on SSRN. Here is the abstract: 'Corn, Carbon, and Conservation: Rethinking U.S...

Bussani & Palmer on Contractual & Tortioius Liability in Europe

Posted on January 21, 2010
Mauro Bussani and Vernon V. Palmer (University of Trieste School of Law and Tulane Law School) have posted The Frontier between Contractual and Tortious Liability in Europe: Insights from the Case of Compensation for Pure Economic Loss on SSRN. Here....

Hasen on Citizen's United

Posted on January 21, 2010
Rick Hasen's piece on Citizens United for Slate is available. Here is a taste: Today Justice Kennedy wrote for a court majority of the five conservative justices. He effectively wiped out a key provision of Congress' 2002 campaign finance reform....

Call for Papers: Philosophy of Law for the Guild Practitioner

Posted on January 21, 2010
The next issue of the national lawyers guild journal "Guild Practitioner", which i'm editing, is on philosophy of law. Any submissions to Eric Engle, erengle@law.harvard.edu.

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