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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

Taylor on Law & Creativity

Posted on April 30, 2009
George H. Taylor (University of Pittsburgh - School of Law) has posted Law and Creativity (PHILOSOPHY AND AMERICAN LAW, Francis J. Mootz, III ed., Cambridge University Press, March 2009) on SSRN. Here is the abstract: This chapter probes how philosophy...

Vladeck on the Antiterrorism & Effective Death Penalty Act

Posted on April 30, 2009
Stephen I. Vladeck (American University Washington College of Law) has posted AEPDA, Saucier, and the Stronger Case for Rights-First Constitutional Adjudication (Seattle University Law Review, Vol. 32, p. 595, 2009) on SSRN. Here is the abstract: As part of a...

Borgmann on Facial Challenges

Posted on April 30, 2009
Caitlin E. Borgmann (City University of New York (CUNY) - School of Law) has posted Holding Legislatures Constitutionally Accountable Through Facial Challenges (Hastings Constitutional Law Quarterly, Vol. 36, No. 4, 2009) on SSRN. Here is the abstract: The Roberts Court...

Souter to Retire

Posted on April 30, 2009
Check out this thoughtful post by Tom Goldstein. Here is a taste: So far, he has written 156 majority opinions for the Court. There isn?t the space here ? or the time for reflection ? to catalog them in order...

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Thomas on Incorporation & Public Expectations

Posted on April 29, 2009
George C. Thomas III (Rutgers, The State University of New Jersey - School of Law-Newark) has posted Newspapers and the Fourteenth Amendment: What Did the American Public Know About Section 1? on SSRN. Here is the abstract: For over sixty...

Schwartz on Holmes on Public Liberty

Posted on April 29, 2009
Paul M. Schwartz (UC Berkeley School of Law) has posted Warrantless Wiretapping, FISA Reform, and the Lessons of Public Liberty: A Comment on Holmes' Jorde Lecture (California Law Review, Vol. 97, No. 407, 2009) on SSRN. Here is the abstract:...

Book Announcement: Multicultural Jurisprudence

Posted on April 29, 2009
Multicultural Jurisprudence: Comparative Perspectives on the Cultural Defense Edited by Marie-Claire Foblets and Alison Dundes Renteln As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and...

Manian on Borgmann on Facial Challenges

Posted on April 29, 2009
Maya Manian (University of San Francisco School of Law) has posted Rights, Remedies and Facial Challenges (36 Hastings Constitutional Law Quarterly, Vol. 36, p. 611, 2009) on SSRN. Here is the abstract: This brief comment extends upon a key point...

de Londras on International Law in Dualist States

Posted on April 29, 2009
Fiona de Londras (University College Dublin-School of Law) has posted Dualism, Domestic Courts, and the Rule of International Law on SSRN. Here is the abstract: The concern in this article is with the role that domestic courts and judges can...

Geistfeld on Economic Analysis of Tort

Posted on April 29, 2009
Mark Geistfeld (New York University - School of Law) has posted Efficiency, Fairness, and the Economic Analysis of Tort Law (THEORETICAL FOUNDATIONS OF LAW AND ECONOMICS, Mark D. White ed., Cambridge U. Press, 2009) on SSRN. Here is the abstract:...

Borchers on Boumediene v. Bush & Choice of Law

Posted on April 28, 2009
Patrick Joseph Borchers (Creighton University School of Law) has posted The Conflict of Laws and Boumediene V. Bush (Creighton Law Review, Vol. 42, No. 1, 2008) on SSRN. Here is the abstract: The Supreme Court's 2008 decision extending the constitutional...

Eisenberg, Heise, and Wells on an Empirical Assessment of Exxon Shipping Co. v. Baker

Posted on April 28, 2009
Theodore Eisenberg, Michael Heise, and Martin T. Wells (Cornell University - School of Law) have posted Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court?S Decision in Exxon Shipping Co. v. Baker on SSRN. Here is the....

Taylor on Ricouer & Legal Hermeneutics

Posted on April 28, 2009
George H. Taylor (University of Pittsburgh - School of Law) has posted The Distinctiveness of Legal Hermeneutics (RICOEUR ACROSS THE DISCIPLINES, Scott Davidson ed., The Continuum International Publishing Group, December 2009) on SSRN. Here is the abstract: In the larger...

Blair-Stanek on Matthews & Twombly

Posted on April 28, 2009
Andrew Ralph Blair-Stanek has posted Understanding Bell Atlantic v. Twombly as Mathews v. Eldridge Applied to Discovery (Florida Law Review, Vol. 62, 2010) on SSRN. Here is the abstract: The Supreme Court?s 2007 decision in Bell Atlantic Corp. v. Twombly...

Symposium on Sherman Act Section 2 at Truth on the Market

Posted on April 28, 2009
Over at Truth on the Market, Geoffrey Manne & Josh Wright have organized an online symposium entitled Section 2 and the Section 2 Report: Perspectives and Evidence. Here is a list of participants: Alden Abbott, FTC Tim Brennan, University of...

Wells on iPolicing

Posted on April 28, 2009
Philip A. Wells (New York University School of Law) has posted iPolicing on SSRN. Here is the abstract: In this post-broken windows crime-fighting landscape, new crime-fighting techniques must not only make cities safer, but also more trusting of their police...

Bebchuk on Troubled Asset Purchases

Posted on April 28, 2009
Lucian A. Bebchuk (Harvard University - Harvard Law School) has posted Buying Troubled Assets (Yale Journal on Regulation) on SSRN. Here is the abstract: This paper analyzes how government intervention in the market for banks? troubled assets is best designed,...

Cohen on Historical American Views of International Law

Posted on April 27, 2009
Harlan Grant Cohen (University of Georgia School of Law) has posted Historical American Perspectives on International Law (ILSA Journal of International & Comparative Law, Forthcoming) on SSRN. Here is the abstract: The United States? relationship with international law, although oft-discussed,...

Hasen on Northwest Austin Municipal Utility District No. 1 v. Holder

Posted on April 27, 2009
Check out Rick Hasen's commentary on NAMUDNO on Slate. Here is a taste: The upshot is that there may not be five votes on the court to uphold Section 5. In part, Congress can blame itself for not updating the...

Carozza on McCrudden on Human Dignity & Human Rights

Posted on April 27, 2009
Paolo Carozza (Notre Dame Law School) has posted Human Dignity and Judicial Interpretation of Human Rights: A Reply (European Journal of International Law, Vol. 19, p. 931, 2008) on SSRN. Here is the abstract: This essay is a reply to...

Berman on Blackmail

Posted on April 27, 2009
Mitchell N. Berman has posted Blackmail (THE OXFORD HANDBOOK ON THE PHILOSOPHY OF THE CRIMINAL LAW, Oxford University Press, 2009) on SSRN. Here is the abstract: Blackmail - the wrongful conditional threat to do what would be permissible - presents...

Berman's "Originalism is Bunk" on Westlaw & the NYU Law Review Website

Posted on April 27, 2009
Mitch Berman's important article, Originalism is Bunk, is now available on Westlaw & the NYU Law Review website. This is must reading for anyone interested in contemporary debates about constitutional theory in general & originalism in particular.

Legal Theory Lexicon: Utilitarianism

Posted on April 26, 2009
Introduction This installment of the Legal Theory Lexicon is an introduction to utilitarian moral and political philosophy tailored to law students (especially first-year law students) with an interest in legal theory. Law students learn early on that classroom discussion of...

Legal Theory Bookworm

Posted on April 25, 2009
The Legal Theory Bookworm recommends General Jurisprudence: Understanding Law from a Global Perspective by William Twining. Here is a description: This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective,...

Download of the Week

Posted on April 25, 2009
The Download of the Week is A Pragmatic Defense of Contract Law by Nathan B. Oman. Here is the abstract: Since the end of the nineteenth century contract law has been shrinking as specialized bodies of law such as labor...

Eisikovits on Military Proportionality

Posted on April 24, 2009
Nir Eisikovits (Suffolk University- CAS) has posted Proportionality and Self Interest (Human Rights Review, Forthcoming) on SSRN. Here is the abstract: This paper offers a justification of the principle of military proportionality that is based in considerations of self-interest...

Burbank on Law & Judicial Politics

Posted on April 24, 2009
Stephen B. Burbank (University of Pennsylvania Law School) has posted On the Study of Judicial Behaviors: Of Law, Politics, Science and Humility on SSRN. Here is the abstract: In this paper, which was prepared to help set the stage at...

Vladeck on Boumediene v. Bush & Separation of Powers

Posted on April 24, 2009
Stephen I. Vladeck (American University Washington College of Law) has posted Boumediene's Quiet Theory: Access to Courts and the Separation of Powers (Notre Dame Law Review, Vol. 84, 2009) on SSRN. Here is the abstract: At the core of Justice...

Nichol on Inequality & Religion

Posted on April 24, 2009
Gene R. Nichol Jr. (University of North Carolina at Chapel Hill - School of Law) has posted Establishing Inequality (Michigan Law Review, Vol. 107, No. 6, 2009) on SSRN. Here is the abstract: This essay explores, modestly criticizes, but principally....

Hylton on Intent in Tort

Posted on April 24, 2009
Keith N. Hylton (Boston University) has posted Intent in Tort Law on SSRN. Here is the abstract: This paper, prepared for the 2009 Monsanto Lecture in Tort Jurisprudence, explains intent standards in tort law on the basis of the incentive...

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