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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

2009 Entry Level Hiring Report

Posted on April 23, 2009
The 2009 Entry Level Hiring Report was last updated on April 23, 2009. Here is the second round of results from the 2009 Entry Level Hiring Report. The list of entry-level hires by school follows in the continuation of this...

Oman on Contract Law

Posted on April 23, 2009
Nathan B. Oman (William & Mary Law School) has posted A Pragmatic Defense of Contract Law (Georgetown Law Journal, Vol. 98, No. 1, 2009) on SSRN. Here is the abstract: Since the end of the nineteenth century contract law has...

Book Announcement: Wittes on Law & the Long War in Paperback

Posted on April 23, 2009
Benjamin Wittes Law and the Long War The Future of Justice in the Age of Terror A sober-minded exploration of law in wartime that is comprehensive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human...

Smith on Commodification in Law

Posted on April 23, 2009
Nick Smith (University of New Hampshire) has posted Commodification in Law: Ideologies, Intractabilities, and Hyperboles (Continental Philosophy Review, Vol. 42, No. 1, 2009) on SSRN. Here is the abstract: In this paper I first aim to identify, from a perspective...

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Wilf on Legal Primativism

Posted on April 23, 2009
Steven Wilf (University of Connecticut School of Law) has posted The Invention of Legal Primitivism (Theoretical Inquiries in Law, Vol. 10, 2009) on SSRN. Here is the abstract: This Article addresses a different sort of legal transplant - one in...

Starr on Morse v. Frederick (Bong Hits 4 Jesus)

Posted on April 22, 2009
Kenneth W. Starr (Pepperdine University - School of Law) has posted Our Libertarian Court: Bong Hits and the Enduring Hamiltonian-Jeffersonian Colloquy (Lewis & Clark Law Review, Vol. 12, No. 1, 2008) on SSRN. Here is the abstract: The Supreme Court's...

Aoki on Open Source Seeds

Posted on April 22, 2009
Keith Aoki (University of California, Davis - School of Law) has posted Free Seeds, Not Free Beer: Participatory Plant Breeding, Open Source Seeds, and Acknowledging User Innovation in Agriculture (Fordham Law Review, Forthcoming) on SSRN. Here is the first paragraph:...

Schrauwen on EU & National Citizenship

Posted on April 22, 2009
Annette Schrauwen (University of Amsterdam - Faculty of Law) has posted The Future of EU Citizenship: Corrosion of National Citizenship? on SSRN. Here is the abstract: Ever since the introduction of Union citizenship, worries have been expressed that it would...

McClain on Values Polarization & Same-Sex Marriage

Posted on April 22, 2009
Linda C. McClain (Boston University - School of Law) has posted Red Versus Blue (and Purple) States and the Same-Sex Marriage Debate: From Values Polarization to Common Ground? (University of Missouri-Kansas City Law Review, Vol. 77, p. 416, 2008) on...

Kahn on Standing for Foreign Plaintiffs

Posted on April 22, 2009
Jeffrey Kahn (Southern Methodist University Dedman School of Law) has posted Zoya's Standing Problem, or, When Should the Constitution Follow the Flag? (Michigan Law Review, Vol. 108) on SSRN. Here is the abstract: Some courts have devised a new test...

Page on Director Independence

Posted on April 22, 2009
Antony Page (Indiana University School of Law - Indianapolis) has posted Unconscious Bias and the Limits of Director Independence (University of Illinois Law Review, Vol. 2009, No. 1, 2009) on SSRN. Here is the abstract: Corporate directors make difficult decisions:...

Tebbe & Tsai on Constitutional Borrowing

Posted on April 21, 2009
Nelson Tebbe and Robert L. Tsai (Brooklyn Law School and American University - Washington College of Law) have posted Constitutional Borrowing (Michigan Law Review, Vol. 108, 2009) on SSRN. Here is the abstract: Borrowing from one domain to promote ideas...

Day on an Online Music Copyright Clearinghouse

Posted on April 21, 2009
Brian Richard Day (The George Washington University Law School) has posted Collective Management of Music Copyright in the Digital Age: The Online Clearinghouse on SSRN. Here is the abstract: Today, the process by which we license digital music is both...

Suzor on Parody in Australian Copyright Law

Posted on April 21, 2009
Nic Suzor (QUT School of Law) has posted Where the Bloody Hell Does Parody Fit in Australian Copyright Law? (Media & Arts Law Review, Vol. 13, No. 2, p. 218, 2008) on SSRN. Here is the abstract: This article examines...

Brownstein on Heller & Self-Defense in Tort & Criminal Law

Posted on April 21, 2009
Alan E. Brownstein (University of California, Davis - School of Law) has posted The Constitutionalization of Self-Defense in Tort and Criminal Law, Grammatically Correct Originalism, and Other Second Amendment Musings (Hastings Law Review, Vol. 60, 2009) on SSRN...

Hasen on Gerken on a Democracy Index

Posted on April 21, 2009
Richard L. Hasen (Loyola Law School - Los Angeles) has posted Election Administration Reform and the New Institutionalism (California Law Review) on SSRN. Here is the abstract: One of the hallmarks of a mature democracy is professionalized, centralized, and nonpartisan...

Fisch on Private Securities Litigation

Posted on April 21, 2009
Jill E. Fisch (University of Pennsylvania Law School) has posted Confronting the Circularity Problem in Private Securities Litigation (Wisconsin Law Review, Vol. 2009, p. 333, 2009) on SSRN. Here is the abstract: Many critics argue that private securities litigation fails...

"The Legal Workshop" -- A New Online Law Review

Posted on April 21, 2009
The Law Reviews at Cornell, Duke, Georgetown, NYU, Northwestern, Stanford, and the University of Chicago have collaborated to create The Legal Workshop. Here is an excerpt from the press release: TOP LAW REVIEWS STRIKE UNPRECEDENTED DEAL AND COLLABORATE TO LAUNCH...

Grimmelmann on the Google Book Settlement

Posted on April 21, 2009
James Grimmelmann (New York Law School) has posted How to Fix the Google Book Search Settlement (Journal of Internet Law, Vol. 12, No. 10, April 2009) on SSRN. Here is the abstract: The proposed settlement in the Google Book Search...

More on Hedonic Adaptation from Bronsteen, Buccafusco, and Masur

Posted on April 21, 2009
The debate started in ohn Bronsteen, Christopher Buccafusco & Jonathan Masur, Hedonic Adaptation and the Settlement of Civil Lawsuits, 108 Colum. L. Rev. 1516, 1543 (2008) continues. The latest is a reply by John Bronsteen, Christopher Buccafusco & Jonathan Masur,...

Neil MacCormick (1949-2009)

Posted on April 20, 2009
Sir Neil MacCormick, one of the leading philosophers of law, passed away during the first week of April. See the obituary in The Guardian, http://www.guardian.co.uk/politics/2009/apr/07/obituary-sir-neil-maccormick. Here is an excerpt: He was a pupil and disciple of Herbert Hart, whose thought...

Smith on the Analytic Foundations of the Law of Damages

Posted on April 20, 2009
Stephen A. Smith (McGill University - Faculty of Law) has posted The Law of Damages: Rules for Citizens or Rules for Courts? (CONTRACT DAMAGES: DOMESTIC AND INTERNATIONAL PERSPECTIVES, D. Saidov, R. Cunnington, eds., Hart Publishing, 2008) on SSRN. Here is...

Denno on Lethal Injection

Posted on April 20, 2009
Deborah W. Denno (Fordham University School of Law) has posted The Future of Execution Methods (THE FUTURE OF AMERICA'S DEATH PENALTY: AN AGENDA FOR THE NEXT GENERATION OF CAPITAL PUNISHMENT RESEARCH, Charles S. Lanier, William J. Bowers & James R....

Aldisert on Judicial Declarations of Public Policy

Posted on April 20, 2009
Ruggero J. Aldisert (United States Court of Appeals for the Third Circuit) has posted Judicial Declaration of Public Policy (Journal of Appellate Practice & Process, Vol. 10, Spring 2010) on SSRN. Here is the abstract: Roger J. Traynor admonished us....

Pardo on Second-Order Proof Rules

Posted on April 20, 2009
Michael S. Pardo (University of Alabama School of Law) has posted Second-Order Proof Rules (Florida Law Review, Vol. 61, 2009) on SSRN. Here is the abstract: Proof rules in law dictate when facts have been proven. They do so by...

Levi on Coercive Interrogation Before 9/11

Posted on April 20, 2009
William Ranney Levi has posted Interrogation's Law (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: Conventional wisdom states that recent U.S. authorization of coercive interrogation techniques, and the legal decisions that sanctioned them, constitute a dramatic break with...

Legal Theory Lexicon: The Prisoners' Dilemma

Posted on April 19, 2009
Introduction One of the most useful tools in analyzing legal rules and the policy problems to which they apply is game theory. The basic idea of game theory is simple. Many human interactions can be modeled as games. To use...

Legal Theory Bookworm

Posted on April 18, 2009
The Legal Theory Bookworm recommends Between Authority and Interpretation: On the Theory of Law and Practical Reason by Joseph Raz. Here is the abstract: In this book Joseph Raz develops his views on some of the central questions in practical...

Download of the Week

Posted on April 18, 2009
The Download of the Week is The Real Case for Judicial Review: A Plea for Non-Instrumentalist Justification in Constitutional Theory by Alon Harel and Tsvi Kahana. Here is the abstract: This paper defends judicial review on the ground that judicial...

Rosser on Customary Tribal Law

Posted on April 17, 2009
Ezra Rosser (American University Washington College of Law) has posted Customary Law: The Way Things Were, Codified (Tribal Law Journal, Vol. 8, p. 18, 2008) on SSRN. Here is the abstract: Frequently referred to as ?customary law,? the unique traditions...

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