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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

Book Announcement: Religion & the Constitution by Greenawalt

Posted on August 05, 2009
Kent Greenawalt's Religion and the Constitution is now available in paperback. Here is the announcement: Religion and the Constitution Volume I: Free Exercise and Fairness Kent Greenawalt One of Choice's Outstanding Academic Titles for 2006 To read the entire book...

Beardslee, Nanda, Wilkins, & Coates on Corporate Strategies for Purchasing Legal Services

Posted on August 05, 2009
Michele DeStefano Beardslee, Ashish Nanda, David B. Wilkins, and John C. Coates IV (University of Miami, School of Law, Harvard Law School, Harvard University - Harvard Law School and Harvard Law School) have posted Hiring Teams from Rivals: Theory and...

Kaswan on Decentralizing Cap & Trade

Posted on August 05, 2009
Alice Kaswan (University of San Francisco - School of Law) has posted Decentralizing Cap-and-Trade? The Question of State Stringency (San Diego Journal of Climate & Energy Law, Vol. 1, 2009) on SSRN. Here is the abstract: A cap-and-trade program is...

Heller on Prosecutors in International Criminal Law

Posted on August 04, 2009
Kevin Jon Heller (Melbourne Law School) has posted Completion Strategies and the Office of the Prosecutor on SSRN. Here is the abstract: With the exception of the ICC, which is intended to be a permanent institution, all of the past...

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Dreyfuss on Emerging Economies & IP Norms

Posted on August 04, 2009
Rochelle Dreyfuss (New York University - School of Law) has posted The Role of India, China, Brazil and Other Emerging Economies in Establishing Access Norms for Intellectual Property and Intellectual Property Lawmaking on SSRN. Here is the abstract: This paper...

Steinman on Pleading

Posted on August 04, 2009
Adam Steinman (University of Cincinnati - College of Law) has posted The Pleading Problem on SSRN. Here is the abstract: Federal pleading standards are in crisis. The Supreme Court's recent decisions in Bell Atlantic v. Twombly (2007) and Ashcroft v....

Ristroph on State Intention & the Constitutionality of Punishment

Posted on August 04, 2009
Alice Ristroph (Seton Hall University - School of Law) has posted State Intentions and the Law of Punishment (Journal of Criminal Law & Criminology, vol. 98, No. 4, pp. 1353-1406, Summer 2008) on SSRN. Here is the abstract: Forget dogs:...

Papke on Criminalization of the Underclass

Posted on August 04, 2009
David Ray Papke (Marquette University - Law School) has posted Law, Legal Institutions, and the Criminalization of the Underclass on SSRN. Here is the abstract: The contemporary underclass is defined not by race but rather by its weak or nonexistent....

Kar on Leiter on Naturalized Jurisprudence

Posted on August 03, 2009
Robin Bradley Kar (University of Illinois College of Law) has posted On the Prospects of a Naturalized Jurisprudence: Review of Brian Leiter, Naturalizing Jurisprudence (Notre Dame Philosophical Review (2009)) on SSRN. Here is the abstract: Brian Leiter is one of...

Leckey on Roncarelli v. Duplessis

Posted on August 03, 2009
Robert Leckey (McGill University - Faculty of Law) has posted Complexifying Roncarelli?s Rule of Law on SSRN. Here is the abstract: On its 50th anniversary, this paper argues for revising the accepted reading of Roncarelli v. Duplessis. Accounts by which...

Farnsworth, Guzior, and Malani on Legal Interpretation

Posted on August 03, 2009
Ward Farnsworth, Dustin F. Guzior, and Anup Malani (Boston University School of Law, and University of Chicago - Law School) have posted Ambiguity About Ambiguity: An Empirical Inquiry into Legal Interpretation (Forthcoming, The Journal of Legal Analysis) on SSRN...

Gilbert on Community Norms & Immigrant Integration

Posted on August 03, 2009
Lauren Gilbert (St. Thomas University School of Law) has posted Citizenship, Civic Virtue and Immigrant Integration: The Enduring Power of Community-Based Norms (Yale Law & Policy Review, Vol. 27, pp. 335-397, Spring 2009) on SSRN. Here is the abstract: This...

Stout on Trust Behavior & Securities Markets

Posted on August 03, 2009
Lynn A. Stout (University of California, Los Angeles - School of Law) has posted Trust Behavior: The Essential Foundation of Securities Markets on SSRN. Here is the abstract: Evidence is accumulating that in making investment decisions, many investors do not...

Gedicks on Group Rights

Posted on August 03, 2009
Frederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted The Recurring Paradox of Groups in the Liberal State (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: The question of groups for liberal theory...

Legal Theory Lexicon: Speech Acts

Posted on August 02, 2009
Introduction Speech act theory will forever be associated with the great J. L. Austin, the Oxford philosopher whose work in the 1950s had an enormous influence on analytic philosophy. One of Austin's core insights is reflected in the title of...

Legal Theory Bookworm

Posted on August 01, 2009
The Legal Theory Bookworm recommends Who Knew?: Responsibility Without Awareness by George Sher. Here is a description: To be responsible for their acts, agents must both perform those acts voluntarily and in some sense know what they are doing. Of...

Download of the Week

Posted on August 01, 2009
The Download of the Week is Culture, Cognition, and Consent: Who Perceives What, and Why, in 'Acquaintance Rape' Cases by Dan M. Kahan. Here is the abstract: This paper uses the theory of cultural cognition to examine the debate over...

Leeming & Tolhurst on Standing

Posted on July 31, 2009
Mark Leeming and Greg Tolhurst (University of Sydney - Faculty of Law and University of Sydney - Faculty of Law) have posted 'When You Got Nothing, You Got Nothing to Lose': Assignments of Choses of Action and Standing in the...

McGuinness on Paulsen on International Law & the Constitution

Posted on July 31, 2009
Margaret E. McGuinness (University of Missouri School of Law) has posted Old W(H)ine, Old Bottles: A Reply to Professor Paulsen (Yale Law Journal Online, Vol. 119) on SSRN. Here is the abstract: This essay reply to Professor Michael Stokes Paulsen,...

Gura on Wilkinson on Heller

Posted on July 31, 2009
Alan Gura (Gura & Possessky, P.L.L.C.) has posted Heller and the Triumph of Originalist Judicial Engagement: A Response to Judge Harvie Wilkinson (UCLA Law Review, Vol. 56, p. 1129, 2009) on SSRN. Here is the abstract: Judge J. Harvie Wilkinson...

Nickel & Reidy on the Philosphical Foundations of Human Rights

Posted on July 31, 2009
James Nickel and David A. Reidy, J.D., Ph.D. (Arizona State University - College of Law and University of Tennessee - Department of Philosophy) have posted Philosophical Foundations of Human Rights on SSRN. Here is the abstract: In this draft of...

Risinger on Evidentiary Reform

Posted on July 31, 2009
D. Michael Risinger (Seton Hall University School of Law) has posted Inquiry, Relevance, Rules of Exclusion, and Evidentiary Reform (A Contribution to a Festschrift for Margaret A. Berger) (Brooklyn Law Review , Forthcoming) on SSRN. Here is the abstract: Federal...

Wolitz on the Right to Clear One's Name

Posted on July 31, 2009
David Wolitz (Georgetown University Law Center) has posted The Stigma of Conviction: Coram Nobis, Civil Disabilities, and the Right to Clear One's Name (Brigham Young University Law Review, Forthcoming, Georgetown Public Law Research) on SSRN. Here is the abstract: In...

Kahan on Cultural Cognition & Acquaintance Rape

Posted on July 30, 2009
Dan M. Kahan (Yale University - Law School) has posted Culture, Cognition, and Consent: Who Perceives What, and Why, in 'Acquaintance Rape' Cases on SSRN. Here is the abstract: This paper uses the theory of cultural cognition to examine the...

Brunnee on International Environmental Law & the Stockholm Declaration

Posted on July 30, 2009
Jutta Brunnee (University of Toronto, Faculty of Law) has posted The Stockholm Declaration and the Structure and Processes of International Environmental Law (THE FUTURE OF OCEAN REGIME BUILDING: ESSAYS IN TRIBUTE TO DOUGLAS M. JOHNSTON, Aldo Chircop, Ted MecDorman, eds...

Mashaw on Public Law & Public Choice

Posted on July 30, 2009
Jerry Louis Mashaw (Yale Law School) has posted Public Law and Public Choice: Critique and Rapprochement (RESEARCH HANDBOOK ON LAW AND PUBLIC CHOICE, Daniel A. Farber, Anne Joseph O'Connell, eds., Edward Elgar, 2009) on SSRN. Here is the abstract: Public...

Hovenkamp on the Obama Administration & the Sherman Act

Posted on July 30, 2009
Herbert J. Hovenkamp (University of Iowa - College of Law) has posted The Obama Administration and Section Two of the Sherman Act on SSRN. Here is the abstract: During the administration of President George W. Bush, the Antitrust Division was...

Haque on Killing Civilians

Posted on July 30, 2009
Adil Ahmad Haque (Rutgers, The State University of New Jersey - School of Law-Newark) has posted Killing Civilians on SSRN. Here is the abstract: There is a gap between the international humanitarian law of Geneva and the international criminal law...

Zamir & Medina on on Terrorism & Constrained Economic Analysis

Posted on July 30, 2009
Eyal Zamir and Barak Medina (Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law ) have posted Law, Economics, and Morality: Constrained Economic Analysis of the Fight Against Terrorism (LAW, ECONOMICS AND...

Mak on Long-Term Contractual Relationships & Fundamental Rights in European Case Law

Posted on July 30, 2009
Chantal Mak (University of Amsterdam - Centre for the Study of European Contract Law) has posted The Lion, the Fox and the Workplace: Fundamental Rights and the Politics of Long-Term Contractual Relationships on SSRN. Here is the abstract: This paper...

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