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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

Madden on Civilian Influences on Military Justice

Posted on April 06, 2009
Mike Madden (Dalhousie University) has posted First Principles and Last Resorts: Complications of Civilian Influences of the Military Justice System (Canadian Military Journal, Vol. 9, No. 3, 2009) on SSRN. Here is the abstract: This article will examine the complex...

Legal Theory Bookworm

Posted on April 04, 2009
The Legal Theory Bookworm recommends Crime and Culpability: A Theory of Criminal Law by Larry Alexander & Kimberly Kessler Ferzan. Here is a description: This book presents a comprehensive overview of what the criminal law would look like if organized...

Download of the Week

Posted on April 04, 2009
The Download of the Week is The Politics of Nature: Restoring Democracy to Environmental Law by Jedediah S. Purdy. Here is the abstract: Legal scholars' discussions of climate change assume that the issue is one mainly of engineering incentives, and....

Criddle on Popular Representation in Agency Rulemaking

Posted on April 03, 2009
Evan J. Criddle (Syracuse University College of Law) has posted Fiduciary Administration: Rethinking Popular Representation in Agency Rulemaking (Texas Law Review, Vol. 88, 2009) on SSRN. Here is the abstract: Do administrative agencies undermine popular sovereignty when they make federal...

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Anand on the Role Lawyers in American Democracy

Posted on April 03, 2009
Rakesh K. Anand (Syracuse University College of Law) has posted The Role of the Lawyer in the American Democracy (Fordham Law Review, Vol. 77, p. 1611, 2009) on SSRN. Here is the abstract: This article was written for a symposium...

Cohen & Nagel on Rawls's Religion

Posted on April 03, 2009
Several readers have suggested that I post a link to John Rawls: On My Religion: How Rawls's political philosophy was influenced by his religion by Joshua Cohen and Thomas Nagel in the Times Literary Supplement. Here is a taste: Those...

Ohm on Computer Programming & Research Methods for Legal Scholars

Posted on April 03, 2009
Paul Ohm (University of Colorado Law School) has posted Computer Programming and the Law: A New Research Agenda (Villanova Law Review, Forthcoming) on SSRN. Here is the abstract: This essay proposes a new interdisciplinary research agenda called Computer Programming and...

Chung on Chapter 15 & Foreign Exchange Markets

Posted on April 03, 2009
John J. Chung (Roger Williams University - School of Law) has posted Chapter 15 of the Bankruptcy Code and its Implicit Assumptions Regarding the Foreign Exchange Market (Tennessee Law Review, Vol. 76, 2008) on SSRN. Here is the abstract: The...

Moss & Huang on Behavioral Economics & Discrimination Law

Posted on April 03, 2009
Scott A. Moss and Peter H. Huang (University of Colorado Law School and Temple University - James E. Beasley School of Law) have posted How the New Economics Can Improve Discrimination Law, and How Economics Can Survive the Demise of...

Goodmark on Autonomy Feminism & Domestic Violence

Posted on April 02, 2009
Leigh Goodmark (University of Baltimore - School of Law) has posted Autonomy Feminism: An Anti-Essentialist Critique of Mandatory Interventions in Domestic Violence Cases (Florida State University Law Review, 2009) on SSRN. Here is the abstract: In the 1970s and 80s,...

Khoday on Judicial Approaches to Cell-Plants Interrogation in Canada & the United States

Posted on April 02, 2009
Amar Khoday (Faculty of Law, McGill University) has posted Uprooting the Cell Plant: Comparing United States and Canadian Constitutional Approaches to Surreptitious Interrogations in the Detention Context (Western New England Law Review, Vol. 31, No. 1, 2009) on SSRN...

Spaak on Olivecrona

Posted on April 02, 2009
Torben Spaak (Uppsala University - Faculty of Law) has posted Karl Olivecrona's Legal Philosophy: A Critical Appraisal on SSRN. Here is the abstract: Karl Olivecrona and Alf Ross were the most prominent of the Scandinavian Realists, who were active from...

Book Announcement: Citizenship under Fire by Ben-Porath

Posted on April 02, 2009
Citizenship under Fire Democratic Education in Times of Conflict Sigal R. Ben-Porath To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8192.html Citizenship under Fire examines the relationship among civic education, the culture of war, and the quest...

Wright on Pitofsky on the Chicago School & Antitrust

Posted on April 02, 2009
Joshua D. Wright (George Mason University - School of Law) has posted Overshot the Mark? A Simple Explanation of the Chicago School's Influence on Antitrust (Competition Policy International, Forthcoming) on SSRN. Here is the abstract: Using George Stigler's rules of...

Conkle on Originalism & the 14th Amendment

Posted on April 02, 2009
Daniel O. Conkle (Indiana University School of Law-Bloomington) has posted Judicial Activism and Fourteenth Amendment Privacy Claims: the Allure of Originalism and the Unappreciated Promise of Constrained Nonoriginalism (Journal of Opinion, Vol. 14, 2009, Indiana Legal Studies Research Paper No...

New Leiter Poll

Posted on April 01, 2009
Leiter's most recent Condorcet poll is down to the "Sweet Sixteen"--surf to this link to vote for for the most influential living philosopher of law. The 16 finalists are about what would be expected. Robert Alexy is perhaps a bit...

Cox, Gersen, Henderson, and Samaha on Cognitive Subsystems and the Law

Posted on April 01, 2009
Adam Cox, Jacob Gersen, M. Todd Henderson, and Adam Samaha have posted The Modularity of Mind, Cognitive Subsystems, and Legal Theory on SSRN. Here is the abstract: Recent work in cognitive science has convincing demonstrated that the monistic conception of...

Book Announcement: We the People: New Beginnings by Ackerman

Posted on April 01, 2009
Harvard University Press has announced the publication of We the People: New Beginnings by Bruce Ackerman. Here is description: Constitutional change, seemingly so orderly, formal, and refined, has in fact been a revolutionary process from the first, as Bruce Ackerman...

Lott on Guns & Criminals

Posted on April 01, 2009
John Lott (American Enterprise Institute) has posted More Guns, Fewer Criminals on SSRN. Here is the abstract: Prior research analyzing county level data for the entire United States from 1977 to 2000, found annual reductions in murder rates between 1...

M�slein on Innovation in European Contract Law

Posted on March 31, 2009
Florian M�slein (Humboldt University of Berlin - Faculty of Law) has posted Legal Innovation in European Contract Law: Within and Beyond the (Draft) Common Frame of Reference (AFTER THE COMMON FRAME OF REFERENCE - WHAT FUTURE FOR EUROPEAN PRIVATE LAW?,...

Purdy on Democracy & Environmental Law

Posted on March 31, 2009
Jedediah S. Purdy (Duke University - School of Law) has posted The Politics of Nature: Restoring Democracy to Environmental Law on SSRN. Here is the abstract: Legal scholars' discussions of climate change assume that the issue is one mainly of...

Douglas on As-Applied Challenges in Election Law

Posted on March 31, 2009
Joshua A. Douglas (United States Court of Appeals) has posted The Significance of the Shift toward As-Applied Challenges in Election Law on SSRN. Here is the abstract: Last Term, the Supreme Court decided two election law cases that had significant...

Hoffman & Mehra on Large Scale Social Production & Wikipedia's Dispute Resolution Process

Posted on March 31, 2009
David A. Hoffman & Salil Mehra (Temple University - James E. Beasley School of Law) have posted Wikitruth Through Wikiorder on SSRN. Here is the abstract: How can large-scale social production (LSSP) coordinate individual behavior to produce public goods online?...

Rostron & Levit on Submitting to Law Reviews

Posted on March 31, 2009
Allen Rostron and Nancy Levit (University of Missouri at Kansas City - School of Law) have posted Information for Submitting Articles to Law Reviews & Journals on SSRN. Here is the abstract: This document contains information about submitting articles to...

Plank on Securitization of Receivables

Posted on March 31, 2009
Thomas E. Plank (University of Tennessee College of Law) has posted Sense and Sensibility in Securitization: A Prudent Legal Structure and a Fanciful Critique (Cardozo Law Review, Vol. 30, No. 2, 2008) on SSRN. Here is the abstract: This article...

Bohannan on Copyright Harm & the First Amendment

Posted on March 30, 2009
Christina Bohannan (University of Iowa - College of Law) has posted Copyright Harm and the First Amendment on SSRN. Here is the abstract: Copyright law is a glaring and unjustified exception to the general rule that the government may not...

Hovenkamp on Horizontal Mergers in Product-Differentiated Markets

Posted on March 30, 2009
Herbert J. Hovenkamp (University of Iowa - College of Law) has posted Analyzing Horizontal Mergers: Unilateral Effects in Product-Differentiated Markets on SSRN. Here is the abstract: This essay offers a brief, non-technical exposition of the antitrust analysis of horizontal mergers...

Sawyer on User Generated Content & the DMCA

Posted on March 30, 2009
Michael S. Sawyer (Berkeley Center for Law & Technology) has posted Filters, Fair Use, and Feedback: User-Generated Content Principles and the DMCA (Berkley Technology Law Journal, Forthcoming) on SSRN. Here is the abstract: As Web 2.0 matures, the copyright policing...

Golden on the Relationship Between the Supreme Court & the Federal Circuit in Patent Law

Posted on March 30, 2009
John M. Golden (University of Texas School of Law) has posted The Supreme Court as 'Prime Percolator': A Prescription for Appellate Review of Questions in Patent Law (UCLA Law Review, Vol. 56, No. 3, 2009) on SSRN. Here is the...

Legal Theory Lexicon: Hypotheticals

Posted on March 29, 2009
Introduction The hypothetical (or "hypo") is so familiar to anyone who has received a legal education in the United States that you might ask, "Can there possibly be anything of theoretical interest in the hypothetical?" And in the same vein,...

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