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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

Armstrong on Statutory Termination of Copyright Transfer & Open Access

Posted on August 28, 2009
Timothy K. Armstrong (University of Cincinnati College of Law) has posted Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public on SSRN. Here is the abstract: Federal law limits the free alienability of copyright...

Johnson on the Nomination and Confirmation of Sonia Sotomayor

Posted on August 28, 2009
Kevin R. Johnson (University of California, Davis - School of Law) has posted An Essay on the Nomination and Confirmation of the First Latina Justice on the U.S. Supreme Court: The 'High-Tech Lynching' of a 'Wise Latina'? on SSRN. Here...

Duhl on Conscious Ambiguity in Contract Drafting

Posted on August 28, 2009
Gregory M. Duhl (William Mitchell College of Law) has posted Conscious Ambiguity: Slaying Cerberus in the Interpretation of Contractual Inconsistencies (University of Pittsburgh Law Review, Vol. 71, No. XX, 2009) on SSRN. Here is the abstract: In United Rentals, Inc...

Berman on Reflective Equilibrium & Constitutional Interpretation

Posted on August 27, 2009
Mitchell N. Berman (University of Texas School of Law) has posted Reflective Equilibrium and Constitutional Method: Lessons from John McCain and the Natural Born Citizenship Clause on SSRN. Here is the abstract: How should we settle on a theory of...

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Cronin on the Visual Artists Rights Act & Conceptual Art

Posted on August 27, 2009
Charles Cronin (ISP/Yale Law School) has posted Dead on the Vine: Living and Conceptual Art and Vara on SSRN. Here is the abstract: The Visual Artists Rights Act of 1990 (VARA), arriving in the wake of U.S. adherence to the...

Conference Announcement: Dworkin's Justice for Hedgehogs at BU

Posted on August 27, 2009
Justice for Hedgehogs: A Conference on Ronald Dworkin?s Forthcoming Book Boston University School of Law September 25-26, 2009 (>>Download schedule and brochure (pdf format)) ?The fox knows many things, but the hedgehog knows one big thing.? - Archilochus Description: Boston...

Brooks on the Moral Sentiments & Justifcation of Punishment

Posted on August 27, 2009
Thom Brooks (Newcastle University - Newcastle Law School) has posted Moral Sentiments and the Justification of Punishment on SSRN. Here is the abstract: What is the relationship between our moral sentiments and the justification of punishment? One position is that...

Shachar & Hirschl on Legal Pluralism, Religious Accomodation, and Citizenship

Posted on August 27, 2009
Ayelet Shachar and Ran Hirschl (University of Toronto - Faculty of Law and University of Toronto - Faculty of Law) have posted The New Wall of Separation: Permitting Diversity, Restricting Competition (Cardozo Law Review, Vol. 30, pp. 2535-2560, 2009) on...

Inazu on Charitable Solicitation & the First Amendment

Posted on August 27, 2009
John D. Inazu (Duke University School of Law) has posted Making Sense of Schaumburg: Seeking Coherence in First Amendment Charitable Solicitation Law (Marquette Law Review, Vol. 92, No. 3, pp. 551-589, 2009) on SSRN. Here is the abstract: The Supreme...

Sinden on Revenue-Neutral Cap and Trade

Posted on August 26, 2009
Amy Sinden (Temple University - James E. Beasley School of Law) has posted Revenue-Neutral Cap and Trade (Environmental Law Reporter, Forthcoming) on SSRN. Here is the abstract: Designing climate change regulation presents a dilemma. Because 32 to 40 percent of...

Cherry & Wong on "Clawbacks"

Posted on August 26, 2009
Miriam A. Cherry and Jarrod Wong (University of the Pacific (UOP) - McGeorge School of Law) have posted Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes (Minnesota Law Review, Vol. 94, 2009) on SSRN...

Markie on Political Obligation & Particularity

Posted on August 26, 2009
P. J. Markie has posted Political Obligation and the Particularity Problem (Ratio 22 (3):322-337) on PhilPapers. Here is the abstract: Natural duty theorists of political obligation try to base a moral duty to obey the law on some natural duty,...

Goldstein on the Balance of Equities & Statutory Injunctions

Posted on August 26, 2009
Jared A. Goldstein (Roger Williams University - School of Law) has posted Equitable Balancing in the Age of Statutes on SSRN. Here is the abstract: For the past several decades, the Supreme Court has held that the decision whether to...

Miller on Judging in Bad Faith

Posted on August 26, 2009
Eric J. Miller (Saint Louis University - School of Law) has posted Judging in Bad Faith on SSRN. Here is the abstract: Must judges apply the law 'sincerely' or 'in good faith?' H.L.A Hart famously argued that, if legal officials...

Welcome to the Blogosphere . . .

Posted on August 26, 2009
. . . to Intellectual Competence and the Death Penalty by Kevin McGrew.

Hanna on Coercive Control & Abused Women

Posted on August 26, 2009
Cheryl Hanna (Vermont Law School) has posted The Paradox of Progress: Translating Evan Stark's Coercive Control into Legal Doctrine for Abused Women (Violence Against Women, Forthcoming) on SSRN. Here is the abstract: This essay examines Evan Stark's model of coercive...

Fletcher on the Solicitor General in Indian Law Cases

Posted on August 25, 2009
Matthew L. M. Fletcher (Michigan State University College of Law) has posted The Tenth Justice Lost in Indian Country on SSRN. Here is the abstract: This short paper prepared for the 2009 Federal Bar Association?s Annual Meeting offers preliminary results...

Hochschild on Expansion of the Franchise

Posted on August 25, 2009
Jennifer Hochschild (Harvard University) has posted If Democratic Theory Calls for Informed Voters, Why is it Democratic to Expand the Franchise? on SSRN. Here is the abstract: Three uncontroversial points add up to a paradox: 1) Almost every democratic theorist...

Sloane on Reisman on International Law

Posted on August 25, 2009
Robert D. Sloane (Boston University - School of Law) has posted More than What Courts Do: Jurisprudence, Decision, and Dignity - In Brief Encounters and Global Affairs (Yale Journal of International Law, Vol. 34, pp. 517-524, 2009) on SSRN. Here...

Fox & Stephenson on Judicial Review and Democratic Failure

Posted on August 25, 2009
Justin Fox and Matthew Stephenson (Yale University and Harvard University - Harvard Law School) have posted Judicial Review and Democratic Failure on SSRN. Here is the abstract: Abstract: We use an agency model to analyze the impact of judicial review...

Hafemeister & Spinos on a Fiduciary Duty of Physicians to Disclose Emergent Medical Risks

Posted on August 25, 2009
Thomas L. Hafemeister and Selina Spinos (University of Virginia School of Law) have posted Lean on Me: A Physician?s Fiduciary Duty to Disclose an Emergent Medical Risk to the Patient (Washington University Law Review, Vol. 86, No. 5, 2009) on...

Duncan on the Expressive Language of the Criminal Law

Posted on August 25, 2009
Martha Grace Duncan (Emory University - School of Law) has posted Beauty in the Dark of Night; The Pleasures of Form in Criminal Law (Emory Law Journal, Vol. 59, 2010) on SSRN. Here is the abstract: After learning that the...

Madden on Appellate & Judicial Review in Canada

Posted on August 24, 2009
Mike Madden (Dalhousie University) has posted Conquering the Common Law Hydra: A Consolidated Guide to Standards of Appellate and Judicial Review on SSRN. Here is the abstract: Just as Hercules eventually conquered the Hydra by using a firebrand to cauterize...

Fennell on the Unbounded Home

Posted on August 24, 2009
Lee Anne Fennell (University of Chicago Law School) has posted The Unbounded Home: Property Values Beyond Property Lines (Excerpts) (THE UNBOUNDED HOME: PROPERTY VALUES BEYOND PROPERTY LINES, Forthcoming) on SSRN. Here is the abstract: The Unbounded Home grapples with a...

Elhauge on the Google Books Settlement

Posted on August 24, 2009
Einer Elhauge (Harvard University - Harvard Law School) has posted Why the Google Books Settlement is Procompetitive on SSRN. Here is the abstract: Although the Google Books Settlement has been criticized as anticompetitive, I conclude that this critique is mistaken...

Gluzman on Universal Jurisdiction

Posted on August 24, 2009
Helena Gluzman (University of Toronto) has posted On Universal Jurisdiction - Birth, Life and a Near-Death Experience? (LAW & GLOBALIZATION VDM Publishing, 2009) on SSRN. Here is the abstract: This paper investigates the topic of universal jurisdiction, ie the supranational...

Prize Announcement: Christopher Baldy Prizes in Law & Social Policy

Posted on August 24, 2009
THE CHRISTOPHER BALDY PRIZES AT THE UNIVERSITY AT BUFFALO LAW SCHOOL The Baldy Center for Law and Social Policy at the University at Buffalo Law School, The State University of New York, is pleased to announce the establishment of three...

Cahn & Carbone on Restrictions on Contraception

Posted on August 24, 2009
Naomi Cahn and June Carbone (George Washington University - Law School and University of Missouri at Kansas City School of Law) have posted Contraception: Securing Feminism?s Promise on SSRN. Here is the abstract: This paper traces the history of attempts...

Hoyos on Constitutional Conventions & Popular Sovereignty

Posted on August 24, 2009
Roman J. Hoyos (Duke University School of Law) has posted From an 'Offspring of Revolution' to an 'Offspring of Law:' The Invention of a Law of Constitutional Conventions and the Transformation of American Democracy on SSRN. Here is the abstract:...

Legal Theory Lexicon: Balancing Tests

Posted on August 23, 2009
Introduction Balancing tests are ubiquitous in American law. From the Due Process Clause to the Freedom of Speech and from the federal joinder rules to personal jurisdiction, U.S. law makes the outcome of legal disputes dependent on the balancing of....

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