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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

Vandervelde on the 13th Amendment

Posted on May 20, 2009
Lea S. Vandervelde (University of Iowa - College of Law) has posted The Labor Vision of the Thirteenth Amendment (University of Pennsylvannia Law Review, Vol. 138, No. 437, pp. 1989-1990, 2009) on SSRN. Here is the abstract: The conventional understanding...

Schauer on Alexy on Balancing & Interpretation

Posted on May 20, 2009
Frederick Schauer (University of Virginia School of Law) has posted Balancing, Subsumption and the Constraining Role of Legal Text on SSRN. Here is the abstract: Robert Alexy has for many years been a prominent analyst of the role of principles...

Dripps on Recreational Drug Policy

Posted on May 20, 2009
Donald A. Dripps (University of San Diego - School of Law) has posted Recreational Drug Regulation: A Plea for Responsibility (Utah Law Review, Vol. 2009, No. 1, 2009) on SSRN. Here is the abstract: That tedious yet terrible phrase, "the...

Gross on Slavery & Civil Law in Louisiana

Posted on May 20, 2009
Ariela J. Gross (University of Southern California Law School) has posted Legal Transplants: Slavery and the Civil Law in Louisiana on SSRN. Here is the abstract: Can Louisiana tell us something about civil law vs. common law regimes of slavery?...

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Levy on Multiculturalism & Manners

Posted on May 20, 2009
Jacob T. Levy (McGill University - Department of Political Science) has posted Multicultural Manners on SSRN. Here is the abstract: The political theory literature on multiculturalism is dominated by approaches based on rights and recognition -- quintessentially 17th- and 19th-century...

Tsesis on Hate Speech

Posted on May 20, 2009
Alexander Tsesis (Loyola University of Chicago - School of Law) has posted Dignity and Speech: The Regulation of Hate Speech in a Democracy (Wake Forest Law Review, Vol. 44, 2009) on SSRN. Here is the abstract: The American tradition of...

Hassoun on Meeting Needs

Posted on May 19, 2009
Nicole Hassoun has posted Meeting Need (Utilitas 21 (3) (2009)) on PhilPapers. Here is an abstract: This paper considers the question ?How should institutions enable people to meet their needs in situations where there is no guarantee that all needs....

Murphy & Sklansky on the Anthrax Investigation

Posted on May 19, 2009
Erin Murphy and David Alan Sklansky (University of California, Berkeley, School of Law (Boalt Hall) and University of California, Berkeley - School of Law) have posted Science, Suspects, and Systems: Lessons from the Anthrax Investigation (Issues in Legal Scholarship, Vol...

Wilson on Originalism

Posted on May 19, 2009
Dr. Sean Wilson, Esq. (Wright State University) has posted The Fallacy of Originalism: What Philosophy of Language and Law Says About 'Original Meanings' on SSRN. Here is the abstract: The resurgence of the new "originalism" among conservative American law professors...

Oberdiek on Rights Infringements & Rights Violations

Posted on May 19, 2009
John Oberdiek (Rutgers University School of Law, Camden) has posted two related papers on SSRN: What's Wrong with Infringements (Insofar as Infringements are Not Wrong)?: A Reply (Law and Philosophy, Vol. 27, No. 3, 2008): An earlier article of mine,...

Bronsteen Responds to Chappell on Welfare Subjectivism

Posted on May 19, 2009
On Sunday, I put up a short post noting Richard Chappell's comments on Bronsteen, Buccafusco, and Masur's Welfare as Happiness. Bronsteen has now commented on Chappell's post, with a further reply by Chappell (just scroll down). One of the points...

Law on Judicial Review in Japan (and some great stuff on Japanese law clerks)

Posted on May 18, 2009
David S. Law (Washington University School of Law; Washington University, St. Louis - Department of Political Science) has posted The Anatomy of a Conservative Court: Judicial Review in Japan (Texas Law Review, Vol. 87, 2009) on SSRN. Here is the...

Farber on Stevens & Scalia on Retroactive Jurisdiction Statutes

Posted on May 18, 2009
Daniel A. Farber (University of California, Berkeley - School of Law) has posted Justice Stevens, Habeas Jurisdiction, and the War on Terror on SSRN. Here is the abstract: The Bush Administration chose Guantanamo as a detention site in the belief...

Nourse & Shaffer on "New Legal Realism"

Posted on May 18, 2009
Victoria Nourse (Emory) & Gregory Shaffer (University of Minnesota - Twin Cities - School of Law) have posted Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory? (Cornell Law Review, 2009) on SSRN. Here...

Voeten on Borrowing Among International Courts

Posted on May 18, 2009
Erik Voeten (Georgetown University - Edmund A. Walsh School of Foreign Service (SFS)) has posted Borrowing and Non-Borrowing among International Courts on SSRN. Here is the abstract: Why do some international courts and judges extensively cite decisions from other courts...

New Version of "Incorporation and Originalist Theory"

Posted on May 18, 2009
I've posted a new version of Incorporation and Originalist Theory on SSRN. Here is the abstract: Does the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight amendments? And how should an...

Cox & Posner on Migrants Rights

Posted on May 18, 2009
Adam B. Cox and Eric A. Posner (University of Chicago - Law School and University of Chicago - Law School) have posted The Rights of Migrants (New York University Law Review, Vol. 84) on SSRN. Here is the abstract: Why...

Peerenboom on Judicial Reforms in China

Posted on May 18, 2009
Randall Peerenboom (La Trobe University, Faculty of Law and Management) has posted Between Global Norms and Domestic Realities: Judicial Reforms in China on SSRN. Here is the abstract: In 2008, Wang Shengjun succeeded Xiao Yang as President of the Supreme...

Legal Theory Lexicon: Second Best & Nonideal Theory

Posted on May 17, 2009
Introduction The post provides a very basic introduction to the idea of "second best." The term "second best" originated in a famous 1956 article by Lipsey and Lancaster (see bibliography), and it was originally used as a technical economic concept.....

Chappell on Bronsteen, Buccafusco, and Masur on Welfare & Happiness

Posted on May 17, 2009
Over at Philosophy Etc., Richard Chappell has some interesting things to say about John Bronsteen, Chris Buccafusco, and Jonathan Masur's paper, Welfare as Happiness. There are many fine points made in this post, but there are two points where I...

Legal Theory Bookworm

Posted on May 16, 2009
The Legal Theory Bookworm recommends Measuring Judicial Activism by Stefanie Lindquist & Frank Cross. Here is a description: Measuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court...

Download of the Week

Posted on May 16, 2009
The Download of the Week is Hobbesian Defenses of Orthodox Just War Theory by Jeff McMahan. Here is the abstract: Most of us accept that all persons have a right not to be killed, unless they forfeit or, perhaps, waive...

Gross on Law and the Humanities

Posted on May 15, 2009
Ariela J. Gross (University of Southern California Law School) has posted The Constitution of History and Memory (COMPANION TO LAW AND THE HUMANITIES, Austin Sarat, Cathrine Frank, and Matthew Anderson, eds, Cambridge Univ. Press, 2009). Here is the abstract: Almost...

Green on Intentionalism & Interpretation

Posted on May 15, 2009
Daniel Austin Green (Liberty Fund, Inc.) has posted Intention and Interpretation on SSRN. Here is the abstract: In this essay I address the terms under which discussions of legal (constitutional and statutory) interpretation take place, advocating a shift away from...

Bybee on the Rule of Law

Posted on May 15, 2009
Keith J. Bybee (Syracuse University College of Law and Maxwell School) has posted The Rule of Law is Dead! Long Live the Rule of Law! on SSRN. Here is the abstract: Polls show that a significant proportion of the public...

Clark & Lauderdale on Supreme Court Opinions in Doctrinal Space

Posted on May 15, 2009
Tom S. Clark (Emory University - Department of Political Science) & Benjamin Lauderdale have posted Locating Supreme Court Opinions in 'Doctrine Space' on SSRN. Here is the abstract: A significant limitation in the empirical analysis of judicial politics has been...

Hollis on the Compact Clause

Posted on May 15, 2009
Duncan B. Hollis (Temple University - James E. Beasley School of Law) has posted two papers on the compact clause on SSRN. The Elusive Foreign Compact (Missouri Law Review, Vol. 73, No. 4, 2008): This symposium essay identifies and explains...

Carter on Treaties & the Rule of Law

Posted on May 15, 2009
William M. Carter Jr. (Temple University - James E. Beasley School of Law) has posted Treaties as Law and the Rule of Law: The Judicial Power to Compel Domestic Treaty Implementation (Maryland Law Review, Forthcoming) on SSRN. Here is the...

Raban on the Torture Memos

Posted on May 15, 2009
Ofer Raban (University of Oregon - School of Law) has posted Dissecting the Torture Memos on SSRN. Here is the abstract: Although the media are replete with contradictory allegations regarding the merit of the recently released ?torture memos,? it is...

Shapiro on Argument Selection in Constitutional Cases

Posted on May 14, 2009
Michael H. Shapiro (USC) has posted Argument Selection in Constitutional Law: Choosing and Reconstructing Conceptual Systems (Southern California Review of Law and Social Justice, Vol. 18, p. 209, 2009) on SSRN. Here is the abstract: In some cases, it is...

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