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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

Christiansen on Constitutional Adjudication & Socio-Economic Injustice in South Africa

Posted on September 29, 2009
Eric C. Christiansen (Golden Gate University School of Law) has posted Using Constitutional Adjudication to Remedy Socio-Economic Injustice: Comparative Lessons from South Africa on SSRN. Here is the abstract: Does inclusion of social welfare rights in the text of a...

Sterk on the Prudent Investor Doctrine in Trust Law

Posted on September 28, 2009
Stewart E. Sterk (Yeshiva University - Cardozo Law School) has posted Rethinking Trust Law Reform: How Prudent is Modern Prudent Investor Doctrine? (Cornell Law Review, Forthcoming) on SSRN. Here is the abstract: During the 1990s, modern portfolio theory provided the...

Chen on Constitutions & Values in China, Taiwan, and Hong Kong

Posted on September 28, 2009
Albert H.Y. Chen (Faculty of Law, University of Hong Kong) has posted Constitutions and Values in Three Chinese Societies on SSRN. Here is the abstract: In the collection of essays by various scholars in which this essay will be published,...

Pech on the Rule of Law & EU Constitutionalism

Posted on September 28, 2009
Laurent Pech (National University of Ireland, Galway - Faculty of Law) has posted The Rule of Law as a Constitutional Principle of the European Union on SSRN. Here is the abstract: The rule of law is one amongst a number...

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Levinson, Cai, and Young on Implicit Racial Bias

Posted on September 28, 2009
Justin D. Levinson, Huajian Cai and Danielle Young (University of Hawaii at Manoa - William S. Richardson School of Law , and University of Hawai`i at Manoa Dept. of Psychology) have posted Guilty by Implicit Racial Bias: The Guilty/Not Guilty...

Raymond on the Dignitary Interest in the Law of Self-Defense

Posted on September 28, 2009
Margaret Raymond (University of Iowa - College of Law) has posted Looking for Trouble: Framing and the Dignitary Interest in the Law of Self-Defense on SSRN. Here is the abstract: This article addresses when an actor can be denied a...

Legal Theory Lexicon: Public and Private Goods

Posted on September 27, 2009
Introduction One of the most powerful ideas that legal theory borrows from economics is the idea of a "public good." Sooner or later law students learn that within the framework of contemporary neoclassical economics, the standard line is that public...

Legal Theory Bookworm

Posted on September 26, 2009
The Legal Theory Bookworm recommends Judicial Review in an Age of Moral Pluralism by Ronald C. Den Otter. Here is a description: Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about...

Download of the Week

Posted on September 26, 2009
The Download of the Week is Towards a Right Against Risking by John Oberdiek. Here is the abstract: Morality forbids treating people in certain ways, and one way that it does so is through the recognition of rights. Rights form...

Bandes on Alexander, Ferzan, & Morse on Culpability

Posted on September 25, 2009
Susan A. Bandes (DePaul University - College of Law) has posted Is it Immoral to Punish the Heedless and Clueless? (Law and Philosophy, 2010) on SSRN. Here is the abstract: This essay, written for a symposium on the book Crime...

Land on IP & the Right to Participate in Culture

Posted on September 25, 2009
Molly Beutz Land (New York Law School) has posted Intellectual Property Rights and the Right to Participate in Cultural Life on SSRN. Here is the abstract: Although many contend that human rights law is a justification for intellectual property rights,...

Murphy on the ICC & the Criminalization of Humanitarian Intervention

Posted on September 25, 2009
Sean D. Murphy (George Washington University - Law School) has posted Criminalizing Humanitarian Intervention (Case Western Reserve Journal of International Law, Vol. 41, p. 341, 2009) on SSRN. Here is the abstract: The States Parties of the International Criminal Court...

Knake on Mossman & McKenzie on Women in the Legal Profession

Posted on September 25, 2009
Renee Newman Knake (Michigan State University College of Law) has posted The Progress of Women in the Legal Profession (Pace Law Review, Vol. 29, No. 2, 2009) on SSRN. Here is the abstract: The number of female and male law...

Pope on Labor Rights & the Involuntary Servitude Clause

Posted on September 25, 2009
James Gray Pope (Rutgers Law School - Newark) has posted Contract, Race and Freedom of Labor in the Constitutional Law of 'Involuntary Servitude' (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: The Supreme Court has yet to adopt...

Goeree & Yariv on Jury Deliberations

Posted on September 25, 2009
Jacob K. Goeree and Leeat Yariv (California Institute of Technology - Division of the Humanities and Social Sciences and California Institute of Technology - Division of the Humanities and Social Sciences) have posted An Experimental Study of Jury Deliberation on...

Land on Peer-Produced Human Rights Reporting

Posted on September 24, 2009
Molly Beutz Land (New York Law School) has posted Peer Producing Human Rights (Alberta Law Review, Vol. 46, No. 4, 2009) on SSRN. Here is the abstract: The growth of collaborative technologies has spurred the development of projects such as...

Yoo on Intermediation on the Internet & Free Speech

Posted on September 24, 2009
Christopher S. Yoo (University of Pennsylvania Law School) has posted Free Speech and the Myth of the Internet as an Unintermediated Experience (George Washington Law Review, Vol. 78, May, 2010) on SSRN. Here is the abstract: In recent years, a...

Langevoort on the SEC & Madoff

Posted on September 24, 2009
Donald C. Langevoort (Georgetown University Law Center) has posted The SEC and the Madoff Scandal: Three Narratives in Search of a Story on SSRN. Here is the abstract: This essay, part of a symposium on narrative in corporate law, considers...

Scott & Martinke on Judicial Selecton & Judicial Choice

Posted on September 24, 2009
Kevin M. Scott (Administrative Office of the U.S. Courts) & Wendy L. Martinek (State University of New York - Department of Political Science) have posted Judicial Selection and Judicial Choice on SSRN. Here is the abstract: The divisiveness of the...

Lee on Samuelson on Interfact Patents & Interoperability

Posted on September 24, 2009
Peter Lee (University of California, Davis School of Law) has posted Innovating between and within Technological Paradigms: A Response to Samuelson (Minnesota Law Review Headnotes, Vol. 93, 2009) on SSRN. Here is the abstract: Are Interface Patents Impeding Interoperability,? this...

Pletcher on Flickr, Creative Commons, and Publicity Rights

Posted on September 24, 2009
Christa Engel Pletcher (Florida State College of Law) has posted Are Publicity Rights Gone in a Flash?: Flickr, Creative Commons, and the Commercial Use of Personal Photographs (Florida State University Business Review, Forthcoming) on SSRN. Here is the abstract: Flickr...

Schauer on fMRI-Based Lie Detection

Posted on September 23, 2009
Frederick Schauer (University of Virginia School of Law) has posted Can Bad Science Be Good Evidence?: Neuroscience-Based Lie Detection and the Mistaken Conflation of Legal and Scientific Norms (Cornell Law Review, Forthcoming) on SSRN. Here is the abstract: As the...

Albert on Constitutional Design

Posted on September 23, 2009
Richard Albert (Boston College - Law School) has posted Constitutional Handcuffs on SSRN. Here is the abstract: With the enduring tension pitting constitutionalism versus democracy as my backdrop, I endeavor in this paper to make three contributions to the scholarly...

Chesney on National Security Fact Deference

Posted on September 23, 2009
Robert Chesney (University of Texas ? School of Law) has posted National Security Fact Deference (Virginia Law Review, vol. 95, no. 6, 2009) on SSRN. Here is the abstract: The executive branch often urges judges to defer to it regarding...

Bone on Ashcroft v. Iqbal

Posted on September 23, 2009
Robert G. Bone (Boston University School of Law) has posted Plausibility Pleading Revisited and Revised: A Comment on Ashcroft v. Iqbal (Notre Dame Law Review, Vol. 85, No. 4, 2010) on SSRN. Here is the abstract: This Essay critically examines...

Stras on the Decline in the Supreme Court's Plenary Docket

Posted on September 23, 2009
David R. Stras (University of Minnesota Law School) has posted The Supreme Court's Declining Plenary Docket: A Membership-Based Explanation (Constitutional Commentary, Forthcoming) on SSRN. Here is the abstract: More than a dozen hypotheses have been proposed to explain the startling...

Reinert on Success Rates in Bivens Litigation & Individual Liability

Posted on September 23, 2009
Alex Reinert (Benjamin N. Cardozo School of Law -- Yeshiva University) has posted Measuring the Success of Bivens Litigation and its Consequences for the Individual Liability Model (Stanford Law Review, Vol. 62, 2010) on SSRN. Here is the abstract: In...

Aynes on the Privileges & Immunities Clause

Posted on September 22, 2009
Richard L. Aynes (The University of Akron School of Law) has posted Ink Blot or Not: The Meaning of Privileges and/or Immunities (University of Pennsylvania Journal of Constitutional Law, Vol. 11, No. 5, 2009) on SSRN. Here is the abstract:...

Samahon on Impeachment as Judicial Selection

Posted on September 22, 2009
Tuan Samahon (Villanova University - School of Law) has posted Impeachment as Judicial Selection? on SSRN. Here is the abstract: Ideological judicial selection encompasses more than the affirmative nominating, confirming, and appointing of judges who commit to particular legal interpretations...

Ortiz on Minimizing Disagreement

Posted on September 22, 2009
Daniel R. Ortiz (University of Virginia School of Law) has posted Nice Legal Studies on SSRN. Here is the abstract: Unlike contemporary politics, much of our recent legal theory urges us to ?make nice,? that is, to minimize social conflict...

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