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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

Kesan & Shah on "Running Code" Requirements & Open Standards Policies

Posted on June 10, 2009
Jay P. Kesan and Rajiv C. Shah (University of Illinois - College of Law and University of Illinois at Chicago - Department of Communication) have posted Running Code as Part of an Open Standards Policy on SSRN. Here is the...

Menell on Indirect Copyright Liability & Innovation

Posted on June 10, 2009
Peter S. Menell (University of California, Berkeley - School of Law) has posted Indirect Copyright Liability and Technological Innovation on SSRN. Here is the abstract: Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability...

Anderson on Targeted Killings

Posted on June 09, 2009
Kenneth Anderson (Washington College of Law, American University) has posted Targeted Killing in U.S. Counterterrorism Strategy and Law on SSRN. Here is the abstract: Targeted killing, particularly through the use of missiles fired from Predator drone aircraft, has become an...

Greene on District of Columbia v. Heller

Posted on June 09, 2009
Jamal Greene (Columbia University - Law School) has posted Heller High Water? The Future of Originalism (Harvard Law & Policy Review, Volume 3) on SSRN. Here is the abstract: This Article considers the future of originalism in the wake of...

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McDonald on Glazer on Discrimination in Obscenity Law

Posted on June 09, 2009
Barry McDonald (Pepperdine University - School of Law) has posted If Obscenity Were to Discriminate (Northwestern University Law Review, Vol. 103, 2009) on SSRN. Here is the abstract: This essay develops the author's criticisms of Professor Elizabeth Glazer's thoughtful essay,...

Posner, Spier, and Vermeule on "Divide and Conquer"

Posted on June 09, 2009
Eric A. Posner, Kathryn E. Spier and Adrian Vermeule (University of Chicago - Law School , Harvard University - Harvard Law School and Harvard University - Harvard Law Schoool) have posted Divide and Conquer on SSRN. Here is the abstract:...

Addis on Univesal Jurisdiction & International Community

Posted on June 09, 2009
Adeno Addis (Tulane University - School of Law) has posted Imagining the International Community: The Constitutive Dimension of Universal Jurisdiction (Human Rights Quarterly, Vol. 31, pp. 129-162, 2009) on SSRN. Here is the abstract: The assertion of prescriptive and adjudicative...

Ward on Antiquities, Forests, and the Phenomenology of Value

Posted on June 09, 2009
Tony Ward (University of Hull - School of Law) has posted Antiquities, Forests and Simmel's Sociology of Value (ARCHAEOLOGY AND CRIMINOLOGY: STUDIES IN LOOTED ANTIQUITIES, Simon Mackenzie and Penny Green, eds., Oxford Hart, 2009) on SSRN. Here is the abstract:...

Leonard on Dred Scott

Posted on June 08, 2009
Gerald Leonard (Boston University School of Law) has posted Law and Politics Reconsidered: A New Constitutional History of Dred Scott (Law and Social Inquiry, Vol. 34, No. 3, 2009) on SSRN. Here is the abstract: This essay synthesizes recent writing....

Grove on "Vertical Maximalism"

Posted on June 08, 2009
Tara Leigh Grove (Florida State University - College of Law) has posted The Structural Case for Vertical Maximalism (Cornell Law Review, Vol. 95, 2009) on SSRN. Here is the abstract: Many prominent jurists and scholars, including those with outlooks as...

Legal Theory Lexicon: Content Rules and Decision Rules

Posted on June 08, 2009
Introduction Substantive rules of law (such as the rules of torts, contract, and property) are usually assumed to be addressed to two audiences. As conduct rules, the substantive law is addressed to everyone (citizens, officials, and noncitizens). Thus, property law...

Dane on Beale

Posted on June 08, 2009
Perry Dane (Rutgers School of Law - Camden) has posted Joseph Henry Beale, Jr. (THE YALE BIOGRAPHICAL DICTIONARY OF AMERICAN LAW, pp. 31-32, Roger K. Newman, ed., Yale University Press, 2009) on SSRN. Here is the abstract: his short entry...

Strandburg on the International Intellectual Property Regime

Posted on June 08, 2009
Katherine J. Strandburg (DePaul University - College of Law) has posted Accommodating User Innovation in the International Intellectual Property Regime: A Global Administrative Law Approach (Acta Juridica, 2009) on SSRN. Here is the abstract: In this symposium article, I argue...

McJohn on Bilski

Posted on June 08, 2009
Stephen M. McJohn (Suffolk University Law School) has posted Scary Patents (Northwestern Journal of Technology and Intellectual Property, Vol. 7, 2009) on SSRN. Here is the abstract: The Federal Circuit, in In re Bilski, announced a new test for patentable...

Visiting Faculty List at "The Faculty Lounge"

Posted on June 08, 2009
The Faculty Lounge is putting together a list of next year's visitors: follow this link.

Afsharipour on Corporate Governance in India

Posted on June 08, 2009
Afra Afsharipour (UC Davis School of Law) has posted Corporate Governance Convergence: Lessons from the Indian Experience (Northwestern Journal of International Law & Business, Vol. 29, No. 2, 2009) on SSRN. Here is the abstract: Over the past two decades,...

Legal Theory Bookworm

Posted on June 06, 2009
The Legal Theory Bookworm recommends The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty by Helen J. Knowles. Here is a description: At the ideological center of the Supreme Court sits Anthony M. Kennedy, whose pivotal role on...

Download of the Week

Posted on June 06, 2009
The Download of the Week is The Constitutional Power to Interpret International Law by Michael Stokes Paulsen. Here is the abstract: What is the force of international law as a matter of U.S. law 'Who determines that force' This Essay...

Eisenberg, Heise, Waters, and Wells on Empirical Study of Punitive Damages

Posted on June 05, 2009
Theodore Eisenberg, Michael Heise, Nicole L. Waters and Martin T. Wells (Cornell University - School of Law, Cornell Law School, National Center for State Courts and Cornell University - School of Law) have posted The Decision to Award Punitive Damages:...

Alderman on the Proposed Arbitration Fairness Act

Posted on June 05, 2009
Richard M. Alderman (University of Houston Law Center) has posted Why We Really Need the Arbitration Fairness Act: It's All About Separation of Powers (Journal of Consumer & Commercial Law, Vol. 12, p. 151, 2009) on SSRN. Here is the...

McClain on Guinier on Demosprudence & Dissent

Posted on June 05, 2009
Linda C. McClain (Boston University - School of Law) has posted Supreme Court Justices, Empathy, and Social Change: A Comment on Lani Guinier's Demosprudence Through Dissent (Boston University Law Review, Vol. 89, pp. 589-604, 2009) on SSRN. Here is the...

Knop, Michaels, & Riles on a Conflicts Approach to International Law in Domestic Courts

Posted on June 05, 2009
Karen Knop, Ralf Michaels, and Annelise Riles (Faculty of Law, University of Toronto , Duke University - School of Law and Cornell University - School of Law) have posted International Law in Domestic Courts: A Conflict of Laws Approach (American...

Chander on Cyber Trade

Posted on June 05, 2009
Anupam Chander (University of California, Davis - School of Law) has posted Trade 2.0 (Yale Journal of International Law) on SSRN. Here is the abstract: Where the last century saw the dismantling of barriers to trade in goods, the new...

Vinelli on Taxing Sugar-Based Drinks

Posted on June 05, 2009
Ryan Vinelli (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Sugar Taxes Aren?t Sweet: The Case Against Pigouvian Taxes on Sugar-Based Drinks on SSRN. Here is the abstract: Everyday there is a new call by politicians and...

Ratner on International Law & Ethics

Posted on June 04, 2009
Steven R. Ratner (University of Michigan at Ann Arbor - Law School) has posted Bringing Ethical Inquiry into International Law (Looking to the Future: Essays on International Law in Honor of W. Michael Reisman (Brill, 2010)) on SSRN. Here is...

Gerber, Huber, Ha, Dowling, and Doherty on Personality & Ideology

Posted on June 04, 2009
Alan Gerber , Gregory Huber , Shang E. Ha , Conor Dowling and David Doherty (Yale University - Department of Political Science) have posted Personality Traits and the Dimensions of Political Ideology on SSRN. Here is the abstract: We use...

Sharkey on Agency Forcing & Federalism

Posted on June 04, 2009
Catherine M. Sharkey (New York University - School of Law) has posted Federalism Accountability: 'Agency-Forcing' Measures (Duke Law Journal, Vol. 58, 2009) on SSRN. Here is the abstract: This Article takes as its starting point the ?agency reference model? for...

Csardi, Tobochnik, Erdi, Zalanyi, & Strandburg on Patent Citation Networks

Posted on June 04, 2009
Gabor Csardi, Jan Tobochnik, Peter Erdi, Laszlo Zalanyi and Katherine J. Strandburg (Hungarian Academy of Sciences , Kalamazoo College , Hungarian Academy of Sciences , Hungarian Academy of Sciences and DePaul University - College of Law) have posted Patent Citation...

Markel on Indeterminate Sentencing

Posted on June 04, 2009
Dan Markel (Florida State University College of Law) has posted Luck or Law? The Constitutional Case Against Indeterminate Sentencing on SSRN. Here is the abstract: In the majority of states indeterminate sentencing schemes prevail -- under which the decision for...

Bebchuk & Spamann on Regulating Banker's Pay

Posted on June 04, 2009
Lucian A. Bebchuk and Holger Spamann (Harvard University - Harvard Law School and Harvard University - Harvard Law School) have posted Regulating Bankers? Pay on SSRN. Here is the abstract: This paper contributes to understanding the role of executive compensation...

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