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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

Givati on Advance Tax Rulings

Posted on July 16, 2009
Yehonatan Givati (Harvard University - Harvard Law School) has posted Resolving Legal Uncertainty: The Unfulfilled Promise of Advance Tax Rulings (Virginia Tax Review, Forthcoming) on SSRN. Here is the abstract: Advance tax rulings allow taxpayers to achieve certainty about the...

McCann on Sotomayor's Sports Law Decisions

Posted on July 16, 2009
Michael McCann (Vermont Law School) has posted Judge Sonia Sotomayor and the Relationship between Leagues and Players: Insights and Implications (Connecticut Law Review, Forthcoming) on SSRN. Here is the abstract: This essay examines two of Judge Sotomayor?s most notable opinions,...

Post on Law & Politics

Posted on July 16, 2009
Robert Post (Yale Law School) has posted Theorizing Disagreement: Re-Conceiving the Relationship between Law and Politics (California Law Review, Forthcoming) on SSRN. Here is the abstract: The article theorizes disagreement in law and politics. It argues that politics is a...

Main on Substance and Procedure

Posted on July 16, 2009
Thomas O. Main (University of the Pacific (UOP) - McGeorge School of Law) has posted The Procedural Foundation of Substantive Law (Washington University Law Review, Vol. 87, 2009) on SSRN. Here is the abstract: The substance-procedure dichotomy is a popular...

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Abrams on the Oregon Initiative Process

Posted on July 16, 2009
Paula L. Abrams (Lewis & Clark Law School) has posted The Majority Will: A Case Study of Misinformation, Manipulation, and the Oregon Initiative Process (Oregon Law Review, Forthcoming) on SSRN. Here is the abstract: The controversy over the use of...

Wells & Snedeker on Engquist v. Oregon Department of Agriculture

Posted on July 16, 2009
Michael Lewis Wells and Alice Snedeker (University of Georgia Law School) have posted State-Created Property and Due Process of Law: Filling the Void Left by Engquist V. Oregon Department of Agriculture (Georgia Law Review, Forthcoming) on SSRN. Here is the...

Wells on Scott v. Harris

Posted on July 15, 2009
Michael Lewis Wells (University of Georgia Law School) has posted Scott V. Harris and the Role of the Jury in Constitutional Litigation (Review of Litigation, Forthcoming) on SSRN. Here is the abstract: Suits brought under 42 U.S.C. section 1983 to...

Logue on Coordinating Tort & Regulation

Posted on July 15, 2009
Kyle D. Logue (University of Michigan Law School) has posted Coordinating Sanctions in Torts on SSRN. Here is the abstract: This Article begins with the canonical law-and-economics account of tort law as a regulatory tool, that is, as a means...

Lobel on Prolonged Solitary Confinement

Posted on July 15, 2009
Jules Lobel (University of Pittsburgh - School of Law) has posted Prolonged Solitary Confinement and the Constitution (University of Pennsylvania Journal of Constitutional Law, Vol. 11, No. 115, 2008) on SSRN. Here is the abstract: This Article will address whether...

Adams on a Right to Housing

Posted on July 15, 2009
Kristen Adams (Stetson University College of Law) has posted Do We Need a Right to Housing? (Nevada Law Journal, Vol. 9, No. 2, 2009) on SSRN. Here is the abstract: One need only listen to the political debates these days...

Michaels on Global Legal Pluralism

Posted on July 15, 2009
Ralf Michaels (Duke University - School of Law) has posted Global Legal Pluralism (Annual Review of Law & Social Science, Vol. 5, 2009) on SSRN. Here is the abstract: Some challenges of legal globalization closely resemble those formulated earlier for...

Pardo & Patterson on Minds, Brains, & Norms

Posted on July 15, 2009
Michael S. Pardo and Dennis Patterson (University of Alabama School of Law and Rutgers University School of Law, Camden) have posted Minds, Brains, and Norms (Neuroethics, Forthcoming) on SSRN. Here is the abstract: Arguments for the importance of neuroscience reach...

Wall on Human Rights

Posted on July 15, 2009
Illan Rua Wall (Oxford Brookes University - Department of Law) has posted On Pain and The Sense of Human Rights (Australian Feminist Law Journal, Vol. 29, 2008) on SSRN. Here is the abstract: Human rights law inscribes a relation between...

Robertson on Blind Expertise

Posted on July 14, 2009
Christopher T. Robertson (Harvard University - Harvard Law School) has posted Blind Expertise (New York University Law Review, Vol. 85, 2010) on SSRN. Here is the abstract: America spends hundreds of billions of dollars on its system of civil litigation,...

Anderson on Ranking Federal Appellate Judges

Posted on July 14, 2009
Robert Anderson IV (Pepperdine University School of Law) has posted Distinguishing Judges: An Empirical Ranking of Judicial Quality in the U.S. Court of Appeals on SSRN. Here is the abstract: This article presents an empirical quality ranking of 383 federal...

Dickey on a Mediation Exclusionary Rule

Posted on July 14, 2009
Michael Patrick Dickey (Charleston School of Law) has posted ADR Gone Wild: Is it Time for a Federal Mediation Exclusionary Rule? on SSRN. Here is the abstract: Most people have heard of the video series ?Girls Gone Wild.? What remains...

Duxbury on Lord Wright

Posted on July 14, 2009
Neil Duxbury (London School of Economics - Law Department) has posted Lord Wright and Innovative Traditionalism on SSRN. Here is the abstract: This study presents the mid-twentieth century English lord of appeal, Lord Wright, as an innovative traditionalist judge...

Mello & Zeiler on Empirical Health Law Scholarship

Posted on July 14, 2009
Michelle M. Mello and Kathryn Zeiler (Harvard University - Department of Health Policy & Management and Georgetown University Law Center) have posted Empirical Health Law Scholarship: The State of the Field (Georgetown Law Journal, Vol. 96, p. 649, 2008) on...

Avi-Yonah on Corporate & International Tax Reform

Posted on July 14, 2009
Reuven S. Avi-Yonah (University of Michigan - Law School) has posted Corporate and International Tax Reform: Long-, Medium-, and Short Term Proposals on SSRN. Here is the abstract: The current controversy surrounding President Obama?s international tax proposals seems like an...

Boon on "Jus Post Bellum"

Posted on July 13, 2009
Kristen E. Boon (Seton Hall University - School of Law) has posted Obligations of the New Occupier: The Contours of a Jus Post Bellum (Loyola of Los Angeles International and Comparative Law Review, Vol. 31, No. 2, 2008) on SSRN....

Lang on Global Services Trade

Posted on July 13, 2009
Andrew T. F. Lang (London School of Economics) has posted Legal Regimes and Regimes of Knowledge: Governing Global Services Trade on SSRN. Here is the abstract: The starting point of this paper is that if we want to understand the...

Culhane on Justifying Marriage

Posted on July 13, 2009
John G. Culhane (Widener University - Delaware Campus) has posted Marriage Equality? First, Justify Marriage (If You Can) (Drexel Law Review, Vol. 1, No. 2) on SSRN. Here is the abstract: With recent positive developments in Connecticut, Vermont, Iowa, and...

Engle on the History of the Principle of Porportionality

Posted on July 13, 2009
Eric Engle (Harvard University - Harvard Law School and Universit�t Bremen) has posted The History of the General Principle of Proportionality: An Overview on SSRN. Here is the abstract: Proposes a brief history of the concept of proportionality in law...

Perlin & Dlugacz on International Human Rights Law & Correctional Conditions

Posted on July 13, 2009
Michael L. Perlin & Henry A. Dlugacz (New York Law School, New York Medical College - Graduate School of Health Sciences and New York Law School) have posted 'It's Doom Alone that Counts:' Can International Human Rights Law Be an...

Legal Theory Lexicon: Justice

Posted on July 12, 2009
Introduction The connection between law and justice is a deep one. We have "Halls of Justice," "Justices of the Supreme Court," and "the administration of justice." We know that "justice" is one of the central concepts of legal theory, but...

Legal Theory Bookworm

Posted on July 11, 2009
The Legal Theory Bookworm recommends The Constitution in 2020, edited by Jack Balkin and Reva Siegel. Here is a description: The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years...

Download of the Week

Posted on July 11, 2009
The Download of the Week is System Effects and the Constitution by Adrian Vermeule. Here is the abstract: A system effect arises when the properties of an aggregate differ from the properties of its members, taken one by one. The...

Guiora on Religious Extremism

Posted on July 10, 2009
Amos N. Guiora (University of Utah - S.J. Quinney College of Law) has posted Religious Extremism: A Fundamental Danger (South Texas Law Review, Vol. 50, No. 743, 2009) on SSRN. Here is the abstract: Terrorism constitutes one of the gravest...

Kritzer on Empirical Legal Research Prior to WWII

Posted on July 10, 2009
Herbert M. Kritzer (University of Minnesota Law School) has posted The (Nearly) Forgotten Early Empirical Legal Research on SSRN. Here is the abstract: The modern empirical legal studies movement has well-known antecedents in the law and society and law and...

Shaffer on Business Shaping Law

Posted on July 10, 2009
Gregory Shaffer (University of Minnesota - Twin Cities - School of Law) has posted How Business Shapes Law: A Socio-Legal Framework (Connecticut Law Review, Forthcoming) on SSRN. Here is the abstract: Much legal scholarship addresses law in terms of norms...

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