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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

Tillman on Stone

Posted on May 07, 2009
Seth Barrett Tillman (United States District Court, PA) has posted Blushing Our Way Past History (Cardozo Law Review de novo, Vol. 2009) on SSRN. Here is the abstract: Legal academics and the public are fascinated by both constitutional text and...

Public Discourse About Judicial Nominations (Again)

Posted on May 07, 2009
In February of 2003, I blogged about Adam Cohen's op/ed criticizing Deborah Cook (who had been nominated for the Sixth Circuit). On that occasion, I wrote: I am concerned about Adam Cohen's attack on Deborah Cook, because I am concerned...

Gardner on Liability Dependent on Results in Tort

Posted on May 06, 2009
John Gardner (University of Oxford - Faculty of Law) has posted Obligations and Outcomes in the Law of Torts (RELATING TO RESPONSIBILITY: ESSAYS FOR TONY HONORE, P. Cane & J. Gardner, eds., Hart Publishing) on SSRN. Here is the abstract:...

Conference Announcement: Critical Legal Conference at Leicester

Posted on May 06, 2009
Critical Legal Conference 2009 "Genealogies: Excavating Legal Modernity" September 11-13, 2009 Leicester, UK www.le.ac.uk/law/clc2009 Keynote Speaker: Marcela Iacub (EHESS/CNRS). Plenary Panellists: Peter Fitzpatrick (Birkbeck), Colin Gordon (Royal Brompton & Harefield NHS Trust) and Véronique Voruz (Leicester)...

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Hendricks on Equal Protection

Posted on May 06, 2009
Jennifer S. Hendricks (University of Tennessee, Knoxville - College of Law) has posted Contingent Equal Protection (Michigan Journal of Gender & Law, Vol. 16, 2009) on SSRN. Here is the abstract: The Supreme Court's decision in Parents Involved in Community...

Cunningham-Parmeter on Rights of the Undocumented

Posted on May 06, 2009
Keith Cunningham-Parmeter (Willamette University - College of Law) has posted Redefining the Rights of Undocumented Workers (American University Law Review, Forthcoming) on SSRN. Here is the abstract: Should a nation extend legal rights to those who enter the country illegally?...

Lawsky & Cahn on Embryo "Adoptions" & Tax Credits

Posted on May 06, 2009
Sarah B. Lawsky and Naomi Cahn (George Washington University - Law School and George Washington University - Law School) have posted Embryo Exchanges and Adoption Tax Credits on SSRN. Here is the abstract: The ?Option of Adoption Act,? a Georgia...

Crawford on Climate Change Governance & Cities

Posted on May 06, 2009
Colin Crawford (Georgia State University - College of Law) has posted Our Bandit Future? Cities, Shantytowns and Climate Change Governance on SSRN. Here is the abstract: The affects of climate change on the world?s cities and the people who live...

Tushnet on the Unitary Executive

Posted on May 05, 2009
Mark Tushnet (Harvard University - Harvard Law School) has posted A Political Perspective on the Theory of the Unitary Executive (University of Pennsylvania Journal of Constitutional Law, 2009) on SSRN. Here is the abstract: This Essay offers a brief and...

White on Feminist Theory

Posted on May 05, 2009
Barbara Ann White (University of Baltimore - School of Law) has posted Traversing 2nd and 3rd Waves: Feminist Legal Theory Moving Forward (University of Baltimore Law Forum, Fall 2008) on SSRN. Here is the abstract: In the course of debate...

Book Announcement: How Do You Know by Hardin

Posted on May 05, 2009
How Do You Know? The Economics of Ordinary Knowledge Russell Hardin To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/8928.html How do ordinary people come to know or believe what they do? Russell Hardin supposes that...

Sloss on Constitutional Treaty Preemption Defenses

Posted on May 05, 2009
David Sloss (Santa Clara University) has posted The Constitutional Right to a Treaty Preemption Defense (University of Toledo Law Review, Forthcoming) on SSRN. Here is the abstract: authorizing criminal sanctions. This constitutional right includes the right to invoke any federal...

Shackelford on Lok Adalats (People's Courts) in India

Posted on May 05, 2009
Scott Shackelford (University of Cambridge Department of Politics and International Studies & Stanford Law School) has posted In the Name of Efficiency: The Role of Permanent Lok Adalats in the Indian Justice System And Power Infrastructure on SSRN. Here is...

Lee on Frankfurter's "Federal Jurisdiction & Procedure"

Posted on May 04, 2009
Evan Tsen Lee (University of California, San Francisco - Hastings College of the Law) has posted Federal Jurisdiction According to Professor Frankfurter (St. Louis University Law Review, Forthcoming) on SSRN. Here is the abstract: The birth of the modern course...

Bronsteen, Buccafusco, & Masur on Welfare as Happiness

Posted on May 04, 2009
John Bronsteen , Christopher J. Buccafusco and Jonathan S. Masur (Loyola University Chicago School of Law , University of Illinois College of Law , University of Chicago - Law School) have posted Welfare as Happiness on SSRN. Here is the...

Gardner on the Reasonable Person

Posted on May 04, 2009
John Gardner (University of Oxford - Faculty of Law) has posted The Mysterious Case of the Reasonable Person (University of Toronto Law Journal, Vol. 51, p. 273) on SSRN. Here is the start of the article: Who is the ?reasonable...

Jurs on Daubert & Cutting Edge Science

Posted on May 04, 2009
Andrew W. Jurs (Wake Forest University School of Law) has posted Judicial Analysis of Complex & Cutting-Edge Science in the Daubert Era: Epidemiologic Risk Assessment as a Test Case for Reform Strategies (Connecticut Law Review, Vol. 42, No. 1, 2009)...

Munzer & Raustiala on IP Rights in Traditional Knowledge

Posted on May 04, 2009
Stephen R. Munzer and Kal Raustiala (University of California, Los Angeles - School of Law and University of California, Los Angeles - School of Law) have posted The Uneasy Case for Intellectual Property Rights in Traditional Knowledge (Cardozo Arts &...

Cheffins on Corporate Governance & the 2008 Meltdown

Posted on May 04, 2009
Brian R. Cheffins (University of Cambridge - Faculty of Law) has posted Did Corporate Governance 'Fail' During the 2008 Stock Market Meltdown? The Case of the S&P 500 on SSRN. Here is the abstract: In 2008, share prices on U.S....

Legal Theory Lexicon: Public Reason

Posted on May 03, 2009
Introduction How should citizens in a modern pluralist democracy debate and discuss public affairs? What kinds of reasons are appropriate in the context of judicial opinions, legislative debate, or administrative decisionmaking? There is wide agreement that the government should not...

Legal Theory Bookworm

Posted on May 02, 2009
The Legal Theory Bookworm recommends Outsourcing Sovereignty: Why Privatization of Government Functions Threatens Democracy and What We Can Do about It by Paul R. Verkuil. Here is a description: Reliance on the private military industry and the privatization of public...

Download of the Week

Posted on May 02, 2009
The Download of the Week is Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court?S Decision in Exxon Shipping Co. v. Baker by Theodore Eisenberg, Michael Heise, and Martin T. Wells. Here is the abstract: Exxon Shipping...

Gardner on Tort Theory

Posted on May 01, 2009
John Gardner (University of Oxford - Faculty of Law) has posted Backwards and Forwards with Tort Law (LAW AND SOCIAL JUSTICE, J. Keim-Campbell, M. O'Rourke & D. Shier, eds., MIT Press) on SSRN. Here is the abstract: Here I am...

Roe on Corporate Lawmakers

Posted on May 01, 2009
Mark J. Roe (Harvard Law School) has posted Delaware and Washington as Corporate Lawmakers (Delaware Journal of Corporate Law (DJCL), Vol. 34, No. 1, 2009) on SSRN. Here is the abstract: American corporate law scholars have long focused on state-to-state...

Pinna on Securitization of Liability Claims

Posted on May 01, 2009
Andrea Pinna (Institut du Droit des Affaires Internationales) has posted Financing Civil Litigation by Way of Assignment and Securitization of Liability Claims (New Trends in Financing Civil Litigation in Europe) on SSRN. Here is the abstract: This paper examines the...

Chien on High Tech Patent Litigation

Posted on May 01, 2009
Colleen V. Chien (Santa Clara University - School of Law) has posted Of Trolls, Davids, Goliaths, and Kings: Narratives and Evidence in the Litigation of High-Tech Patents (North Carolina Law Review, Vol. 87, 2009) on SSRN. Here is the abstract:...

Fox & Rothenberg on the Influence of Campaign Giving on Policymaking

Posted on May 01, 2009
Justin Fox and Lawrence S. Rothenberg (Yale University and University of Rochester - Department of Political Science) have posted Influence without Bribes: A Non-Contracting Model of Campaign Giving and Policymaking on SSRN. Here is the abstract: Efforts to find empirical...

Schwemm on Strader v. Graham

Posted on April 30, 2009
Robert G. Schwemm (University of Kentucky - College of Law) has posted Strader v. Graham: Kentucky's Contribution to National Slavery Litigation the the Dred Scott Decision (Kentucky Law Journal, Vol. 97, No. 3, p. 353, 2008-2009) on SSRN. Here is...

Paulsen on the Constitution & International Law

Posted on April 30, 2009
Michael Stokes Paulsen (University of St. Thomas School of Law) has posted The Constitutional Power to Interpret International Law (Yale Law Journal, 2009) on SSRN. Here is the abstract: What is the force of international law as a matter of...

Epstein & Rose on Sovereign Wealth Funds

Posted on April 30, 2009
Richard A. Epstein and Amanda M. Rose (University of Chicago - Law School and Vanderbilt University Law School) have posted The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow (University of Chicago Law Review, Forthcoming) on SSRN. Here...

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