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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

Coenen on the Signatures to the Constitution

Posted on November 30, 2009
Michael Coenen has posted The Significance of Signatures: Why the Framers Signed the Constitution and What They Meant by Doing So (Yale Law Journal, Forthcoming). on SSRN. Here is the abstract: The signing of the U.S. Constitution is traditionally understood...

Leiter on What Tenure-Track Offerees Need to Know

Posted on November 30, 2009
Brian Leiter has good advice in his post entitled What do you need to find out now that you've gotten a tenure-track offer?. I might add one or two additional questions that you might ask: In addition to the written...

Dan-Cohen on Temporal Boundaries and the Resolution of Disputes Among States

Posted on November 30, 2009
Meir Dan-Cohen (University of California, Berkeley - School of Law) has posted Skirmishes on the Temporal Boundaries of States on SSRN. Here is the abstract: This paper focuses on the special difficulties of resolving collective disputes, specifically among states, that...

Kang on the Religious Origins of the Right of Revolution

Posted on November 30, 2009
John M. Kang (St. Thomas University School of Law) has posted Appeal to Heaven: On the Religious Origins of the Constitutional Right of Revolution (William & Mary Bill of Rights, Vol. 18, pp. 281-326, 2010) on SSRN. Here is the...

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Cooke on Intelligence, Cosmopolitanism, and hte Laws of War

Posted on November 30, 2009
Peyton Cooke (University of Alabama School of Law) has posted Bringing the Spies in from the Cold: Legal Cosmopolitanism and Intelligence under the Laws of War (University of San Francisco Law Review, Forthcoming) on SSRN. Here is the abstract: Recently,...

Blog Symposium: Credit Card Interchange Fees at Truth on the Market

Posted on November 30, 2009
Here is the announcement: With the publication of the recent GAO report on interchange fees (available at http://tiny.cc/5St6Y) as well as several bills pending in congress--to say nothing of an ongoing series in the New York Times (http://topics.nytimes...

Legal Theory Lexicon: The Internal Point of View

Posted on November 29, 2009
Introduction How can we look at a legal system? H.L.A. Hart famously deployed the distinction between external and internal perspectives on a legal system in his famous book, The Concept of Law. This post provides a very brief introduction to...

Legal Theory Bookworm

Posted on November 29, 2009
The Legal Theory Bookworm recommends Law, Politics, and Perception: How Policy Preferences Influence Legal Reasoning by Eileen Braman. Here is a description: Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman...

Download of the Week

Posted on November 29, 2009
The Download of the Week is Statutory Interpretation In The Roberts Court?s First Era: An Empirical and Doctrinal Analysis by Anita S. Krishnakumar . Here is the abstract: Empirical studies of the Supreme Court?s statutory interpretation cases are few and...

Lund on Amar on Bush v. Gore

Posted on November 27, 2009
Nelson Lund (George Mason University School of Law) has posted Bush v. Gore at the Dawning of the Age of Obama (Florida Law Review, Vol. 61, No. 5, pp. 1101-1111, 2009) on SSRN. Here is the abstract: In ?Bush, Gore,...

Edwards on Nationalization

Posted on November 27, 2009
Mark A. Edwards (William Mitchell College of Law) has posted Nationalization, De-Nationalization, Re-Nationalization: Some Historical and Comparative Perspective (Pace Law Review, Forthcoming). Here is the abstract: The history of banking in the United States is the history of competing impulses,...

Corn on Human Rights & Armed Conflict

Posted on November 27, 2009
Geoffrey S. Corn (South Texas College of Law) has posted Mixing Apples and Hand Grenades: The Logical Limit of Applying Human Rights Norms to Armed Conflict (Journal of International Humanitarian Legal Studies, Forthcoming) on SSRN. Here is the abstract: One...

Alexandre on Consent & Rape

Posted on November 27, 2009
Michele Alexandre (University of Mississippi) has posted 'Girls Gone Wild' and Rape Law: Revising the Contractual Concept of Consent & Ensuring an Unbiased Application of 'Reasonable Doubt' When the Victims is Non-Traditional (American University Journal of Gender, Social Policy &...

Dubber on Legality & the American Drug Penal Regime

Posted on November 27, 2009
Markus D. Dubber (University of Toronto - Faculty of Law) has posted Legalizing Drug Criminal Law on SSRN. Here is the abstract: This paper investigates American drug criminal law, or rather the American drug penal regime, from the perspectives of...

Krishnakumar on Statutory Interpretation in the Roberts Court

Posted on November 27, 2009
Anita S. Krishnakumar (St. John's University - School of Law) has posted Statutory Interpretation In The Roberts Court?s First Era: An Empirical and Doctrinal Analysis on SSRN. Here is the abstract: Empirical studies of the Supreme Court?s statutory interpretation cases...

Waxman on Bourmediene v. Bush

Posted on November 26, 2009
Matthew C. Waxman (Columbia Law School) has posted Guant�namo, Habeas Corpus, and Standards of Proof: Viewing the Law Through Multiple Lenses (Case Western Reserve Journal of International Law, Forthcoming) on SSRN. Here is the abstract: The Supreme Court held in...

Garoupa & Ginsburg on a Comparative Perspective on Judicial Reputation

Posted on November 26, 2009
Nuno Garoupa and Tom Ginsburg (University of Illinois College of Law and University of Chicago Law School) have posted Judicial Audiences and Reputation: Perspectives from Comparatives Law (Columbia Journal of Transnational Law, Forthcoming) on SSRN. Here is the abstract: Part...

Bradley & Goldsmith on Foreign Sovereign Immunity & Domestic Officer Suits

Posted on November 26, 2009
Curtis A. Bradley and Jack Landman Goldsmith III (Duke University - School of Law and Harvard University - Harvard Law School) have posted Foreign Sovereign Immunity and Domestic Officer Suits on SSRN. Here is the abstract: Under international law, official-capacity...

Segall on Judicial Activism & Judicial Responsibility

Posted on September 30, 2009
Eric Segall (Georgia State University - College of Law) has posted Reconceptualizing the Judicial Activism Debate as Judicial Responsibility: A Tale of Two Justice Kennedys (Arizona State Law Journal, Vol. 41, 2009) on SSRN. Here is the abstract: The academic...

Eleftheriadis on the Universality of Rights

Posted on September 30, 2009
Pavlos Eleftheriadis (University of Oxford - Faculty of Law) has posted The Universality of Rights (Indian Journal of Constitutional Law, 2009) on SSRN. Here is the abstract: This essay argues that the universality claim is a claim concerning two different...

Kreit on Facial & As-Applied Challenges

Posted on September 30, 2009
Alex Kreit (Thomas Jefferson School of Law) has posted Making Sense of Facial and As-Applied Challenges (William & Mary Bill of Rights Journal, Vol. 18, No. 3, Forthcoming) on SSRN. Here is the abstract: This article challenges the conventional understanding...

Seinfeld on Articles I & III on Enumeration

Posted on September 30, 2009
Gil Seinfeld (University of Michigan Law School) has posted Article I, Article III, and the Limits of Enumeration (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract: Article I, � 8 and Article III, � 2 of the U.S....

John J. Chung (Roger Williams University

Posted on September 30, 2009
John J. Chung (Roger Williams University - School of Law) has posted From Feudal Land Contracts to Financial Derivatives: The Treatment of Status Through Specific Relief (Review of Banking & Financial Law, 2009-10). Here is the abstract: This paper is...

Hessick on the Presumption of Constitutionality

Posted on September 30, 2009
F. Andrew Hessick III (Arizona State University - Sandra Day O'Connor College of Law) has posted Rethinking the Presumption of Constitutionality (Notre Dame Law Review, Vol. 85, 2010) on SSRN. Here is the abstract: One of the judiciary?s self imposed...

O'Malley on Risk

Posted on September 29, 2009
Pat O'Malley (University of Sydney - Faculty of Law) has posted Experiments in Risk and Justice (Theoretical Criminology, Vol. 12, No. 4., pp. 451-470, 2008) on SSRN. Here is the abstract: Risk has not been regarded positively in most social...

Treanor on Horowitz

Posted on September 29, 2009
William Michael Treanor (Fordham University School of Law) has posted Morton Horwitz: Legal Historian as Lawyer and Historian (TRANSFORMATIONS IN AMERICAN LEGAL HISTORY: ESSAYS IN HONOR OF PROFESSOR MORTON J. HORWITZ, pp. 319-326, Daniel W. Hamilton & Alfred L...

Chiao on Intention & Attempt in Criminal Law

Posted on September 29, 2009
Vincent Chiao (Harvard Law School) has posted Intention and Attempt (Criminal Law and Philosophy, Forthcoming) on SSRN. Here is the abstract: Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only...

Lipshaw on Leiter on Religion

Posted on September 29, 2009
Jeffrey M. Lipshaw (Suffolk University Law School) has posted Can There Be a Religion of Reason? A Response to Leiter's Circular Conception of Religious Belief on SSRN. Here is the abstract: This is a comment on a definition of religion...

Lewinsohn-Zamir on Outcome Assessment

Posted on September 29, 2009
Daphna Lewinsohn-Zamir (Hebrew University - Faculty of Law) has posted Beyond the Bottom Line: The Complexity of Outcome Assessment on SSRN. Here is the abstract: No one denies the importance of outcomes. Whether the object of our evaluation is acts,...

Varela on Legal Method Patents & Professional Responsibility

Posted on September 29, 2009
Stephanie L. Varela (University of Florida Levin College of Law) has posted Damned If You Do, Doomed If You Don't: Patenting Legal Methods and its Effect on Lawyers' Professional Responsibilities (Florida Law Review, Vol. 60, p. 1145, 2008) on SSRN.....

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