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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

Powell on the Relational Concept of Security

Posted on February 19, 2009
Rhonda Louise Powell (University of Oxford - Faculty of Law) has posted The Relational Concept of Security on SSRN. Here is the abstract:The aim of this article is to analyse the most significant and interesting characteristics of the concept of...

Keller on Peace versus Justice & the International Criminal Court

Posted on February 18, 2009
Linda M. Keller (Thomas Jefferson School of Law) has posted The False Dichotomy of Peace versus Justice and the International Criminal Court (Hague Justice Journal, Vol. 3, No. 1, p. 12, 2008) on SSRN. Here is the abstract:The International Criminal....

Gilreath on Substantive Equality & Free Speech

Posted on February 18, 2009
Shannon Gilreath (Wake Forest University - School of Law) has posted 'Tell Your Faggot Friend He Owes Me $500 for My Broken Hand': Thoughts on a Substantive Equality Theory of Free Speech (Wake Forest Law Review, Forthcoming) on SSRN. Here...

Bell on Consent

Posted on February 18, 2009
Tom W. Bell (Chapman University - School of Law) has posted The Scale of Consent on SSRN. Here is the abstract:We often speak of consent in binary terms, boiling it down to "yes" or "no." In practice, however, consent varies...

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Hasen on the Democracy Canon

Posted on February 18, 2009
Richard L. Hasen (Loyola Law School Los Angeles) has posted The Democracy Canon on SSRN. Here is the abstract: Beginning in the 19th century and through the 2008 presidential elections, American state courts have consistently applied a rule of thumb,...

Buchanan & Johnson on Law and Film

Posted on February 18, 2009
Rebecca Johnson (University of Victoria - Faculty of Law) & Ruth Buchanan (York University - Osgoode Hall Law School) have posted Strange Encounters: Exploring Law and Film in the Affective Register on SSRN. Here is the abstract: his paper argues...

Taylor on Cognitive Science & Conscience

Posted on February 18, 2009
George H. Taylor (University of Pittsburgh - School of Law) has posted Cognitive Theory, Conscience, and Law on SSRN. Here is the abstract: The claim of conscience is one that relies on a "transcendent" norm, some ultimate sense of "rightness"...

Griffin on Constitutional Change & the Bush Presidency

Posted on February 18, 2009
Stephen M. Griffin (Tulane University Law School) has posted The Bush Presidency and Theories of Constitutional Change on SSRN. Here is the abstract: The presidency of George W. Bush was widely noted for its expansion of executive power. In the...

Brewster on Guzman on International Law

Posted on February 17, 2009
Rachel Brewster (Harvard Law School) has posted The Limits of Reputation on Compliance on SSRN. Here is the abstract:This short paper is a response to Andrew Guzman's book, How International Law Works. Guzman presents a novel synthesis of the IR...

Kang on Masculinity & the Constitution

Posted on February 17, 2009
John M. Kang (St. Thomas University School of Law) has posted Manliness and the Constitution (Harvard Journal of Law and Public Policy, Vol. 32, pp. 261-332, 2009) on SSRN. Here is the abstract: Much of the legal scholarship regarding gender...

Schultz on the Future of the Music Business

Posted on February 17, 2009
Mark F. Schultz (Southern Illinois University School of Law) has posted Live Performance, Copyright, and the Future of the Music Business (University of Richmond Law Review, Vol. 43, No. 2, 2009) on SSRN. Here is the abstract: This article considers....

Fellowship Announcement: Kernochan Center at Columbia

Posted on February 17, 2009
The Kernochan Center for Law, Media and the Arts at Columbia Law School is accepting applications for a fellowship program to support future legal academics interested in the field of copyright and authors? rights. Fellows will have the opportunity to...

Collins on Holocaust Claims & International Law

Posted on February 17, 2009
Lawrence Collins (Court of Appeal of England and Wales) has posted Reflections on Holocaust Claims in International Law (Israel Law Review, Vol. 41, pp. 402-442, 2008) on SSRN. Here is the abstract: More than 60 years after the end of...

Greenstein on Professionalism

Posted on February 17, 2009
Richard K. Greenstein (Temple University School of Law) has posted Against Professionalism (Georgetown Journal of Legal Ethics, Vol. 22, 2009) on SSRN. Here is the abstract:In this article I argue that when an "occupation" becomes a "profession," pressures build for...

Glazer & Kramer on Transgender Discrimination

Posted on February 17, 2009
Elizabeth M. Glazer (Hofstra University - School of Law) & Zachary A. Kramer (Penn State University - Dickinson School of Law) have posted Transitional Discrimination on SSRN. Here is the abstract: Transgenderism is in transition. The recent decision in Schroer...

Bailey on Traitorous Identities

Posted on February 16, 2009
Alison Bailey (Women's and Gender Studies Program and Philosophy Department) has posted Locating Traitorous Identities: Toward a Theory of White Character Formation on SSRN. Here is the abstract: This essay explores how the social location of white traitorous identities might...

Luppi, Parisi, and Rajagopalan on Environmental Policy in Developing Countries

Posted on February 16, 2009
Barbara Luppi , Francesco Parisi and Shruti Rajagopalan (Universit� degli studi di Modena e Reggio Emilia - Dipartimento di Economia Politica , University of Minnesota - Law School and Mercatus Center) have posted Environmental Protection for Developing Countries: The Polluter-Does-Not-Pay...

Rouvroy on Ambient Intelligence & Privacy

Posted on February 16, 2009
Antoinette Rouvroy (National Fund for Scientific Research) has posted Privacy, Data Protection, and the Unprecedented Challenges of Ambient Inteligence (Studies in Ethics, Law, and Technology, Berkeley Electronic Press, 2008) on SSRN. Here is the abstract:The present paper identifies the unprecedented...

Engle on Constituitive Cases

Posted on February 16, 2009
Eric Engle (Universit�t Bremen and Harvard University - Harvard Law School) has posted Constitutive Cases: Marbury v. Madison Meets Van Gend & Loos on SSRN. Here is the abstract: Two of the most important constitutional decisions in history, Marbury v...

Stapleton on Causation in Law

Posted on February 16, 2009
Jane Stapleton (Australian National University - ANU College of Law and University of Texas at Austin School of Law) have posted Choosing What We Mean by "Causation" in the Law (Missouri Law Review, Vol. 73, No.2, pp. 433-480, 200) on...

Corrado on Slobogin on Dehumanization

Posted on February 16, 2009
Michael L. Corrado (University of North Carolina at Chapel Hill - School of Law) has posted Slobogin on Dehumanization on SSRN. Here is the abstract: The dehumanization objection to preventive detention is, in Slobogin's words, that "preventive detention shows insufficient...

Legal Theory Lexicon: Possibility and Necessity

Posted on February 15, 2009
Introduction What policy choices are feasible and which options are "pie in the sky," "utopian," or "politically impossible"? What is "necessary" and what is merely "probable"? The Legal Theory Lexicon includes two entries that deal with aspects of these questons...

Legal Theory Bookworm

Posted on February 14, 2009
The Legal Theory Bookworm recommends A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before by Cass R. Sunstein. Here is a description: The future of the U.S. Supreme Court hangs in the balance like...

Download of the Week

Posted on February 14, 2009
The Download of the Week is Constitutional Workarounds by Mark Tushnet. Here is the abstract: This Essay, forthcoming in the Texas Law Review, examines constitutional workarounds, which arise (a) when there is significant political pressure to accomplish some goal, but...

Satz on Health Care Reform

Posted on February 13, 2009
Ani B. Satz (Emory University - School of Law) has posted The Limits of Health Care Reform (Alabama Law Review, Vol. 59, 2008) on SSRN. Here is the abstract: In this Article, I argue that many of the shortcomings of...

Mocsary on the Second Amendment

Posted on February 13, 2009
George A. Mocsary (Fordham University - Fordham Law Review) has posted Explaining Away the Obvious: The Infeasibility of Characterizing the Second Amendment as a Nonindividual Right (Fordham Law Review, Vol. 76, No. 4, pp. 2113-2175, 2008) on SSRN. Here is...

Treanor on Epstein on Takings

Posted on February 13, 2009
William Michael Treanor (Fordham University School of Law) has posted Supreme Neglect (107 Michigan Law Review, Forthcoming 2009) on SSRN. Here is the abstract: n Supreme Neglect, Professor Richard Epstein has produced a clear and elegant synthesis for the general...

Wu on Entry Regulation, IP Rights, and R&D Expenditures

Posted on February 13, 2009
Haibin Wu (University of Alberta - Department of Economics) has posted Entry Barriers, Property Rights, and R&D Activities: Evidence from OECD Countries on SSRN. Here is the abstract:Despite the theoretical argument and empirical evidence that R&D is essential for technological...

Davidson on Property & Status

Posted on February 13, 2009
Nestor M. Davidson (University of Colorado Law School) has posted Property and Relative Status (Michigan Law Review, Vol. 109, 2009) on SSRN. Here is the abstract: Property does many things - it incentivizes productive activity, facilitates exchange, forms an integral...

Rogers on Protecting Children on the Internet

Posted on February 13, 2009
Audrey Rogers (Pace University - School of Law) has posted Protecting Children on the Internet: Mission Impossible? on SSRN. Here is the abstract: Congress's latest effort to protect children from on-line predators banned the pandering or soliciting of child pornography...

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