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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

Mennell & Nimmer on Inalienable Termination Rights in Copyright

Posted on December 22, 2009
Peter S. Menell and David Nimmer (University of California, Berkeley - School of Law and Irell & Manella LLP) have posted Pooh-Poohing Copyright Law?s 'Inalienable' Termination Rights on SSRN. Here is the abstract: From its earliest manifestations, copyright law has...

Curtis on Congressional Power to Regulate Political Terrorism

Posted on December 22, 2009
Michael Kent Curtis (Wake Forest University - School of Law) has posted The Klan, the Congress, and the Court: Congressional Enforcement of the Fourteenth And Fifteenth Amendments & the State Action Syllogism, A Brief Historical Overview (University of Pennsylvania Journal...

Book Announcement: Hobbes & the Law of Nature by Zagorin

Posted on December 22, 2009
Hobbes and the Law of Nature Perez Zagorin To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9038.html This is the first major work in English to explore at length the meaning, context, aims, and vital importance...

NEH Seminar Announcement: Liberal Democracy & Global Justice at Washington University St. Louis

Posted on December 21, 2009
NEH SUMMER SEMINAR: LIBERAL DEMOCRACY and GLOBAL JUSTICE Christopher H. Wellman and Andrew Altman will be co-directing an NEH seminar this summer on the topic, "Philosophical Perspectives on Liberal Democracy and the Global Order," with guest speakers Arthur Applbaum, David...

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Fontana on Separation of Powers

Posted on December 21, 2009
David Fontana (George Washington University Law School) has posted The Second American Revolution in the Separation of Powers (Texas Law Review, Vol. 87, p. 1409, 2009) on SSRN. Here is the abstract: The American Constitution creates three branches of government...

O'Connor on the Freedom of Choice Act

Posted on December 21, 2009
Michael James O'Connor (University of Pennsylvania Law School) has posted Legitimate Defense of Civil Rights or Raw Congressional Power Grab? The Constitutionality of the Freedom of Choice Act on SSRN. Here is the abstract: The Freedom of Choice Act (FOCA)...

Green on "Of" in the Privileges or Immunities Clause

Posted on December 21, 2009
Christopher R. Green (University of Mississippi - School of Law) has posted McDonald v. Chicago, the Meaning-Application Distinction, and 'Of' in the Privileges or Immunities Clause (Engage, Forthcoming) on SSRN. Here is the abstract: While many scholars have made originalism-based...

Bradley & Gulati on Withdrawing from International Custom

Posted on December 21, 2009
Curtis A. Bradley and G. Mitu Gulati (Duke University - School of Law and Duke University - School of Law) have posted Withdrawing from International Custom on SSRN. Here is the abstract: Treaties are negotiated, usually written down, and often...

Book Announcement: Covenantal Rights by Novak

Posted on December 21, 2009
Covenantal Rights A Study in Jewish Political Theory David Novak Co-winner of the American Academy of Religion's Award for Excellence in the Study of Religion in the Constructive-Reflective Studies category To read the entire book description or the introduction, please...

Legal Theory Lexicon: Metaethics

Posted on December 20, 2009
Introduction Suppose that we are debating a question in normative legal theory--e.g., whether gay couples should have a constitutional right to marry or whether tort law should replace the negligence standard with strict liability. In debates about what the law...

Legal Theory Bookworm

Posted on December 19, 2009
The Legal Theory Bookworm recommends Justice: What's the Right Thing to Do? by Michael J. Sandel. Here is a description: What are our obligations to others as people in a free society? Should government tax the rich to help the...

Download of the Week

Posted on December 19, 2009
The Download of the Week is Why Legal Positivism? by Brian Leiter. Here is the abstract: This short paper will be presented at a panel on "Legal Positivism: For and Against?" at the annual meeting of the Association of American...

Claeys on Parchomovsky & Stein on Trespass

Posted on December 18, 2009
Eric Claeys (George Mason University School of Law) has posted The Right to Exclude in the Shadow of the Cathedral: A Response to Parchomovsky and Stein (Northwestern University Law Review, Forthcoming) on SSRN. Here is the abstract: This response comments...

Kopel on Living Constitutionalism & the Right to Bear Arms

Posted on December 18, 2009
David B. Kopel (Independence Institute) has posted The Right to Arms in the Living Constitution (Cardozo Law Review, de Novo, Forthcoming) on SSRN. Here is the abstract: This Article presents a brief history of the Second Amendment as part of...

Fontana on Government in Opposition

Posted on December 18, 2009
David Fontana (George Washington University Law School) has posted Government in Opposition (Yale Law Journal, Vol. 119, p. 548, 2009) on SSRN. Here is the abstract: In the past generation, in all countries in all parts of the world, using...

Lane on United States v. Nixon

Posted on December 18, 2009
Eric Lane (Hofstra University - School of Law) has posted Too Big a Canon in the President?s Arsenal: Another Look at United States V. Nixon (George Mason Law Review, Forthcoming) on SSRN. Here is the abstract: The article addresses the...

Strauss on the Public Company Accounting Oversight Board

Posted on December 18, 2009
Peter L. Strauss (Columbia Law School) has posted Our Twenty-First Century Constitution (Vanderbilt Law Review En Banc, Vol. 62, No. 121, 2009) on SSRN. Here is the abstract: Accommodating our Eighteenth Century Constitution to the government that Congress has shaped...

Roberts on Central Banking Reform

Posted on December 18, 2009
Alasdair S. Roberts (Suffolk University Law School) has posted The Failure of the Guardians: Central Banking Reform and the Financial Crisis (Transatlantic Public Policy Series, Vol. 5, 2010) on SSRN. Here is the abstract: There was a "quiet revolution" in...

Schraub on "Sticky Slopes"

Posted on December 18, 2009
David H. Schraub (University of Chicago - Law School) has posted Sticky Slopes on SSRN. Here is the abstract: Legal literature is replete with references to the infamous ?slippery slope?, basically, where a shift in policy lubricates the path towards...

Book Announcement: The Qualities of a Citizen by Gardner

Posted on December 18, 2009
The Qualities of a Citizen Women, Immigration, and Citizenship, 1870-1965 Martha Gardner To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/7953.html The Qualities of a Citizen traces the application of U...

Hofri-Winogradow on Religion & Liberalism in the Israeli Constitutional Order

Posted on December 17, 2009
Adam S. Hofri-Winogradow (Hebrew University of Jerusalem, Faculty of Law) has posted The Muslim-Majority Character of Israeli Constitutional Law (Middle East Law and Governance, Vol. 2, No. 2, February 2010) on SSRN. Here is the abstract: This article offers a...

Selmi on Contractual Regulation of Land Use

Posted on December 17, 2009
Daniel P. Selmi (Loyola Law School (Los Angeles)) has posted Land Use Regulation by Contract on SSRN. Here is the abstract: In recent years the use of contracts, known as development agreements, to establish land use regulations has grown rapidly....

Mayeri on the Equal Rights Amendment

Posted on December 17, 2009
Serena Mayeri (University of Pennsylvania Law School) has posted A New E.R.A. or a New Era? Amendment Advocacy and the Reconstitution of Feminism (Northwestern University Law Review, Vol. 103, p. 1223, 2009) on SSRN. Here is the abstract: Scholars have...

Pollack on Governmental Marks

Posted on December 17, 2009
Malla Pollack has posted Governmental Marks: What Souvenirs Say About Speech and Sovereignty on SSRN. Here is the abstract: ?Governmental marks? are words or phrases which involve the identity of a social group that is partly defined in terms of...

Murrell on the English Bill of Rights & Institutional Development

Posted on December 17, 2009
Peter Murrell (University of Maryland - Department of Economics) has posted Design and Evolution in Institutional Development: The Insignificance of the English Bill of Rights on SSRN. Here is the abstract: A fundamental question in economic development is how societies...

Rabin on Emotional Distress

Posted on December 17, 2009
Robert L. Rabin (Stanford Law School) has posted Emotional Distress in Tort Law: Themes of Constraint (Wake Forest Law Review, Vol. 44, p. 1197, 2009) on SSRN. Here is the abstract: A patchwork of liability rules that would appear puzzling...

Book Announcement: Machiavelli's Ethics by Benner

Posted on December 17, 2009
Machiavelli's Ethics Erica Benner To read the entire book description, a sample chapter, or the introduction, please visit: http://press.princeton.edu/titles/9041.html Machiavelli's Ethics challenges the most entrenched understandings of Machiavelli, arguing that he was a moral and political philosopher who consistently favored...

La Mort on the Bikindi Trial

Posted on December 16, 2009
Justin R. La Mort (Benjamin N. Cardozo School of Law) has posted The Soundtrack to Genocide: Using Incitement to Genocide in the Bikindi Trial to Protect Free Speech and Uphold the Promise of Never Again (Interdisciplinary Journal for Human Rights...

Book Announcement: A Revolution of the Mind by Israel

Posted on December 16, 2009
A Revolution of the Mind Radical Enlightenment and the Intellectual Origins of Modern Democracy Jonathan Israel To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9011.html Democracy, free thought and expression, religious tolerance, individual liberty, political self-determination...

Mashaw on Administrative Law in the Gilded Age

Posted on December 16, 2009
Jerry Louis Mashaw (Yale Law School) has posted Federal Administration and Administrative Law in the Gilded Age on SSRN. Here is the abstract: This article has a simple message. The standard history of the development of American Administrative Law is...

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