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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

Conference Announcement: Contemporary International Law Issues in the Asia Pacific

Posted on January 28, 2011
Registration Begins: 2011 ILA Asia-Pacific Regional Conference (Taipei, Taiwan) The Chinese (Taiwan) Society of International Law is pleased to hold the International Law Association (ILA) Asia-Pacific Regional Conference from May 29 to June 1, 2011 at the Grand Formosa Regent...

Omarova on Self-Regulation & Systemic Risk in the Global Financial Argument

Posted on January 28, 2011
Saule T. Omarova (University of North Carolina at Chapel Hill School of Law) has posted Wall Street as Community of Fate: Toward Financial Industry Self-Regulation (University of Pennsylvania Law Review, Vol. 159, p. 411, 2011) on SSRN. Here is the...

Krause on Patient-Centered Health Law

Posted on January 28, 2011
Joan H. Krause (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Can Health Law Truly Become Patient-Centered? (Wake Forest Law Review, Vol. 45, No. 5, p. 1489, 2010) on SSRN. Here is the abstract:...

Larson on Baby Names, Free Speech, and Substantive Due Process

Posted on January 27, 2011
Carlton F. W. Larson (University of California, Davis - School of Law) has posted Naming Baby: The Constitutional Dimensions Of Parental Naming Rights on SSRN. Here is the abstract: This Article provides the first comprehensive legal analysis of parents? rights...

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Celano on Shapiro on Law & Plans

Posted on January 27, 2011
Bruno Celano (University of Palermo) has posted What Can Plans Do for Legal Theory? on SSRN. Here is the abstract: In his book, Legality (2011), Scott Shapiro puts forward what he claims to be "a new, and hopefully better" (better,...

Walsh on Subject Matter Jurisdiction in Virginia v. Sebelius

Posted on January 27, 2011
Kevin C. Walsh (University of Richmond - School of Law) has posted The Ghost that Slayed the Mandate on SSRN. Here is the abstract: Virginia v. Sebelius is a federal lawsuit in which Virginia seeks the invalidation of President Obama?s...

Siegler & Sullivan on Graham v. Florida

Posted on January 27, 2011
Alison Siegler and Barry Sullivan (Loyola University Chicago School of Law) have posted 'Death is Different? No Longer: Graham v. Florida and the Future of Eighth Amendment Challenges to Noncapital Sentences (Supreme Court Review, 2011) on SSRN. Here is the...

Hudson on Interpretive Deference at the State Level

Posted on January 27, 2011
Zac Hudson has posted A Case for Varying Interpretive Deference at the State Level (Yale Law Journal, Vol. 119, No. 373, 2009) on SSRN. Here is the abstract: The rules governing a court?s interpretation of a statute should depend heavily...

Vermeule & Lanni on Ancient Constitutional Design

Posted on January 27, 2011
Adrian Vermeule and Adriaan Lanni (Harvard Law School and Harvard University - Harvard Law School) have posted Constitutional Design in the Ancient World on SSRN. Here is the abstract: This paper identifies two distinctive features of ancient constitutional design that...

Quong on Liberal Perfectionism

Posted on January 26, 2011
Jonathan Quong (University of Manchester - School of Social Sciences) has posted Liberalism Without Perfection - Introduction (J. Quong, LIBERALISM WITHOUT PERFECTION, pp. 1-11, Oxford University Press, 2011) on SSRN. Here is the abstract: This is the introductory chapter to...

Book Announcement: Philosophy of Law by Marmour

Posted on January 26, 2011
Philosophy of Law Andrei Marmor Princeton University Press To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9461.html In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law--an issue...

Clark on Congress's Right to Counsel in Intelligence Oversight

Posted on January 26, 2011
Kathleen Clark (Washington University School of Law) has posted Congress?s Right to Counsel in Intelligence Oversight (University of Illinois Law Review, Forthcoming) on SSRN. Here is the abstract: This article examines Congress?s ability to consult its lawyers and other expert...

Stewart on Kelsen in Australia

Posted on January 26, 2011
Iain M. Stewart (Macquarie Law School) has posted Kelsen's Reception in Australasia (HANS KELSEN ANDERSWO/HANS KELSEN ABROAD, pp. 311-352, Robert Walter et al., eds., Schriftenreihe des Hans Kelsen-Instituts, 2010) on SSRN. Here is the abstract: Reviews the reception of Hans...

Ho on Progressive Originalism & the Due Process Clause

Posted on January 26, 2011
Dale Ho (NAACP Legal Defense Fund) has posted Dodging a Bullet: McDonald v. City of Chicago and the Limits of Progressive Originalism (William & Mary Bill of Rights Journal, Vol. 19, p. 369, 2010) on SSRN. Here is the abstract:...

Orr on the Legal Status of Flags

Posted on January 26, 2011
Graeme D. Orr (University of Queensland Law School) has posted A Fetishised Gift: The Legal Status of Flags (Griffith Law Review, Vol. 19, No. 3, pp. 504-526, 2010) on SSRN. Here is the abstract: Accounts of the relationship between flags...

Huhn on Lincoln's Use of Biblical Imagery

Posted on January 26, 2011
Wilson Ray Huhn (University of Akron - School of Law) has posted A Higher Law: Abraham Lincoln's Use of Biblical Imagery on SSRN. Here is the abstract: This article describes Lincoln?s use of biblical imagery in seven of his works:...

Program Announcement: Summer Program on Justice at the Central European University

Posted on January 25, 2011
The CEU Summer University JUSTICE: THEORY AND ITS APPLICATIONS July 4-15, 2011 Budapest, Hungary http://www.summer.ceu.hu/justice The problem of justice occupies a special place in contemporary political philosophy. In the words of its most influential figure, Rawls, "justice is the first...

Pursley on Dormancy

Posted on January 25, 2011
Garrick B. Pursley (The University of Toledo College of Law) has posted Dormancy on SSRN. Here is the abstract: This article provides a new theoretical account of dormancy, one of the oldest and most controversial concepts in American constitutionalism...

deGuzman on Crimes Against Humanity

Posted on January 25, 2011
Margaret M. deGuzman (Temple University - James E. Beasley School of Law) has posted Crimes Against Humanity (RESEARCH HANDBOOK ON INTERNATIONAL CRIMINAL LAW, Bartram S. Brown, ed., Edgar Elgar Publishing, 2011) on SSRN. Here is the abstract: The modern concept...

Daly on Dignity & Latin American Constitutional Tribunals

Posted on January 25, 2011
Erin Daly (Widener University School of Law) has posted Dignity in the Service of Democracy on SSRN. Here is the abstract: At a broad level, perhaps the most noticeable trend in Latin American constitutional law is the increasing muscularity of...

Weill on Lessons from Governmental Transitions in Parliamentary Systems

Posted on January 25, 2011
Rivka Weill (Radzyner School of Law - Interdisciplinary Center) has posted What Can the U.S. Learn from Governmental Transitions in Parliamentary Systems? on SSRN. Here is the abstract: As a lame-duck President, Bush signed the Iraqi military accord, sold oil...

Call for Papers: Midwest Corporate Scholars Meeting at Ohio State

Posted on January 25, 2011
Midwest Corporate Law Scholars Meeting June 15, 2010 The Ohio State University Michael E. Moritz College of Law The Midwest Corporate Law Scholars Conference (MCLSC) meeting will be Wednesday, June 15th, at The Ohio State University Michael E. Moritz College...

Raustiala on Al Maqaleh v. Gates

Posted on January 25, 2011
Kal Raustiala (University of California, Los Angeles (UCLA) - School of Law) has posted Al Maqaleh v. Gates (American Journal of International Law, Vol. 104, No. 4, 2010) on SSRN. Here is the abstract: Does the constitutional right to habeas...

Doremus on Adaptive Management

Posted on January 25, 2011
Holly Doremus (University of California, Berkeley - School of Law) has posted Adaptive Management as an Information Problem (North Carolina Law Review, Forthcoming) on SSRN. Here is the abstract: Enthusiasm for adaptive management has outrun evaluation of its usefulness as...

Ben-Asher on Legalism & Decisionism and Executive Power in Crisis

Posted on January 24, 2011
Noa Ben-Asher (Pace University - School of Law) has posted Legalism and Decisionism in Crisis (Ohio State Law Journal, Vol. 71, No. 4, p. 699, 2010) on SSRN. Here is the abstract: In the years since September 11, 2001, scholars...

Lloyd on Thomas & Scalia as Originalists and Levels of Constitutional Meaning

Posted on January 24, 2011
Harold Anthony Lloyd (Wake Forest University - School of Law) has posted 'Original' Means Old, 'Original' Means New: An 'Original' Look at What 'Originalists' Do on SSRN. Here is the abstract: This article explores two different forms of Constitutional "originalism...

O'Hara & Ribstein on Global Competition, Exit, Jurisdictional Rules, and Choice of Law

Posted on January 24, 2011
Erin A. O'Hara and Larry E. Ribstein (Vanderbilt Law School and University of Illinois College of Law) have posted Exit and the American Illness on SSRN. Here is the abstract: This essay, prepared for a book on the effect of...

Rosenthal on Originalism in Practice

Posted on January 24, 2011
Lawrence Rosenthal (Chapman University - School of Law) has posted Originalism in Practice on SSRN. Here is the abstract: Originalism is in ascendance. Both in judicial opinions and in the legal academy, arguments for the interpretation of the Constitution based...

Goldoni on Ackerman on the Presidency

Posted on January 24, 2011
Marco Goldoni (University of Antwerp - Centre for Law and Cosmopolitan Values) has posted An Extremist Monarchy in the Guise of a Republic? Remarks on Ackerman's Proposals for the American Presidency on SSRN. Here is the abstract: After having outlined...

Legal Theory Lexicon: Virtue Jurisprudence

Posted on January 23, 2011
Introduction Law students with a background in philosophy are sure to notice the strong influence of moral philosophy on legal thinking. Theories like Kant's have had a profound influence on the idea of fairness and on the conception of rights...

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