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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

Abebe on Great Power Politics & Foreign Relations Law

Posted on February 12, 2009
Daniel Abebe (University of Chicago - Law School) has posted Great Power Politics and the Structure of Foreign Relations Law (Chicago Journal of International Law, Forthcoming) on SSRN. Here is the abstract: Should courts consider great power politics in determining...

Gelinas on the Rule of Law & Information Technology

Posted on February 12, 2009
Fabien Gelinas (McGill University) has posted Virtual Justice and the Rule of Law on SSRN. Here is the abstract: This paper, written in French, explores the challenges that information and communications technology bring to the rule of law in the...

Blake & Hacker on Reading Dissents

Posted on February 12, 2009
William Blake and Hans Hacker (University of Texas at Austin and Arkansas State University - Department of Political Science) has posted The Brooding Spirit of the Law: Supreme Court Justices Reading Dissents from the Bench on SSRN. Here is the...

Bailey on Strategic Ignorance

Posted on February 12, 2009
Alison Bailey (Women's and Gender Studies Program and Philosophy Department) has posted 'Strategic Ignorance' on SSRN. Here is the abstract: I want to explore strategic expressions of ignorance against the background of Charles W. Mills's account of epistemologies of ignorance...

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Sinclair on Llewellyn on Statutory Interpretation & Construction

Posted on February 12, 2009
Michael Sinclair (New York Law School) has posted 'Only a Sith Thinks Like that': Llewellyn's 'Dueling Canons,' Pairs Thirteen to Sixteen (New York Law School Law Review, Forthcoming) on SSRN. Here is the abstract: This is the third installment in...

Ahdieh on International Law & Federalism

Posted on February 12, 2009
Robert B. Ahdieh (Georgetown University Law Center) has posted Foreign Affairs, International Law, and the New Federalism: Lessons from Coordination (Missouri Law Review, Vol. 73, 2008) on SSRN. Here is the abstract: Even after the departure of two of its...

Erickson on Stuntz on Politics, Crime, & Punishment

Posted on February 11, 2009
Steven K. Erickson (University of Pennsylvania Law School) has posted An Emotional Affair on SSRN. Here is the abstract: This essay briefly reflects on the seminal Article by William Stuntz, The Pathological Politics of Criminal Law. As Stuntz rightly argues,...

Linarelli on the Globalization & the Concept of Commercial Law

Posted on February 11, 2009
John Linarelli (University of La Verne - College of Law; Northeastern University School of Law) has posted Analytical Jurisprudence and the Concept of Commercial Law on SSRN. Here is the abstract: Commercial lawyers working across borders know that globalization has...

Bartholomew on Secondary Liability after MGM Studios v. Grokster

Posted on February 11, 2009
Mark Bartholomew (University at Buffalo Law School) has posted Copyright, Trademark and Secondary Liability after Grokster (Columbia Journal of Law & the Arts, 2009) on SSRN. Here is the abstract:Even though secondary infringement doctrine in both copyright and trademark stems...

Satz on Disability & Antidiscrimination

Posted on February 11, 2009
Ani B. Satz (Emory University - School of Law) has posted Disability, Vulnerability, and the Limits of Antidiscrimination (Washington Law Review, Vol. 83, p. 513, 2008) on SSRN. Here is the abstract: Despite the passage of the Americans with Disabilities...

Silbey on "The Accused"

Posted on February 11, 2009
Jessica M. Silbey (Suffolk University Law School) has posted A Witness to Justice (STUDIES IN LAW, POLITICS AND SOCIETY: A SPECIAL SYMPOSIUM ISSUE ON LAW AND FILM, Austin Sarat, ed., Vol. 46, pp. 61-91, 2009) on SSRN. Here is the...

Tribe on Capital Punishment in Bankruptcy

Posted on February 11, 2009
John Paul Tribe (Kingston Law School) has posted Bankruptcy and Capital Punishment in the 18th and 19th Centuries on SSRN. Here is the abstract: Drawing on the Old Bailey Session Papers (OBSP), this article examines the cases of six individuals...

Tushnet on Constitutional Workarounds

Posted on February 10, 2009
Mark Tushnet (Harvard University - Harvard Law School) has posted Constitutional Workarounds (Texas Law Review, Vol. 87, 2009) on SSRN. Here is the abstract: This Essay, forthcoming in the Texas Law Review, examines constitutional workarounds, which arise (a) when there...

Denning & Reynolds on Heller

Posted on February 10, 2009
Brannon P. Denning and Glenn Harlan Reynolds (Cumberland School of Law and University of Tennessee College of Law) have posted Five Takes on District of Columbia V. Heller (Ohio State Law Journal, Vol. 69, No. 671, 2008) on SSRN. Here...

Stephenson & Jackson on Lobbyists as Agents

Posted on February 10, 2009
Matthew Stephenson and Howell E. Jackson (Harvard University - Harvard Law School and Harvard Law School) have posted Lobbyists as Imperfect Agents: Implications for Public Policy in a Pluralist System on SSRN. Here is the abstract:Interest group pluralism presumes that...

Oldham on Glogal Trends in IP

Posted on February 10, 2009
Paul D. Oldham (Lancaster University - ESRC Centre for Economic and Social Aspects of Genomics (CESAGen)) has posted two recent papers on SSRN: Global Status and Trends in Intellectual Property Claims: Microorganisms: The paper provides a review and preliminary assessment...

Loughran & McDonald on Word Choice, Measurement, & 10-Ks

Posted on February 10, 2009
Tim Loughran and Bill McDonald (University of Notre Dame and University of Notre Dame) have posted When is a Liability Not a Liability? on SSRN. Here is the abstract: Previous research uses negative word counts as a way to measure...

Little on Choice of Law & Federal Jurisdiction

Posted on February 10, 2009
Laura E. Little (Temple University - James E. Beasley School of Law) has posted Empowerment Through Restraint: Reverse Preemption or Hybrid Lawmaking? (Case Western Reserve Law Review, Vol. 59, 2009) on SSRN. Here is the abstract: In the jurisprudence of...

Paust on Sanctions for Torture

Posted on February 09, 2009
Jordan J. Paust (University of Houston Law Center) has posted The Absolute Prohibition of Torture and Necessary and Appropriate Sanctions (Valparaiso University Law Review, Vol. 43, 2009) on SSRN. Here is the abstract: This draft article addresses the absolute and...

Hylton on the Economics of Nuisance

Posted on February 09, 2009
Keith N. Hylton (Boston University - School of Law) has posted The Economics of Nuisance Law (RESEARCH HANDBOOK ON THE ECONOMICS OF PROPERTY LAW, K. Ayotte & H. E. Smith, eds., Edward Elgar) on SSRN. Here is the abstract: Economic...

Cook, Ludwig, and Samaha on Gun Control After Heller

Posted on February 09, 2009
Philip J. Cook, Jens Ludwig and Adam Samaha (Duke University - Terry Sanford Institute of Public Policy , Georgetown University - Public Policy Institute (GPPI) and University of Chicago - Law School) have posted Gun Control after Heller: Threats and...

Prado & Patterson on Law & Neuroscience

Posted on February 09, 2009
Michael S. Pardo and Dennis Patterson (University of Alabama School of Law and Rutgers University School of Law, Camden) have posted Philosophical Foundations of Law and Neuroscience on SSRN. Here is the abstract: According to a wide variety of scholars,...

Glazer & Kramer on Transgendered Plaintiffs

Posted on February 09, 2009
Elizabeth M. Glazer (Hofstra University - School of Law) & Zachary A. Kramer (Penn State University--Dickinson School of Law) have posted Trans Fat on SSRN. Here is the abstract:In her book, Fat Rights: Dilemmas of Difference and Personhood, Professor Anna...

Froomkin on Bottom-Up Governance

Posted on February 09, 2009
A. Michael Froomkin (University of Miami - School of Law) has posted Building the Bottom Up from the Top Down on SSRN. Here is the abstract: Bottom up governance. Self-organization. These are among the most talismanic virtue-words of modern political...

Legal Theory Lexicon: Interpretation and Construction

Posted on February 08, 2009
Introduction Every law student learns that the relationship of a legal text to the resolution of a particular case can be complex. What does the text mean? How does that meaning translate into legal doctrine? And how does the doctrine...

Legal Theory Bookworm

Posted on February 07, 2009
The Legal Theory Bookworm recommends Law's Allure: How Law Shapes, Constrains, Saves, and Kills Politics by Gordon Silverstein. Here is a description: Judicial and political power are inextricably linked in America, but by the time John Roberts and Samuel Alito...

Download of the Week

Posted on February 07, 2009
The Download of the Week is Transnational Regulatory Networks and Their Limits by Pierre-Hugues Verdier. Here is the abstract: In recent years, the rise of transnational regulatory networks (TRNs) has attracted the attention of international law scholars...

O'Connell on Combat Zones & Combatants

Posted on February 06, 2009
Mary Ellen O'Connell (Notre Dame Law School) has posted Combatants and the Combat Zone (University of Richmond Law Review, Forthcoming) on SSRN. Here is the abstract: Following the attacks of 9/11, President George W. Bush declared that the United States...

Evans on Bell Atlantic v. Twombly

Posted on February 06, 2009
David S. Evans (University College, London) has posted What You Need to Know About Twombly: The Use and Misuse of Economic and Statistical Evidence in Pleadings on SSRN. Here is the abstract: In Bell Atlantic v. Twombly the Supreme Court...

McLaughlin & Weeks on Conservation Easements

Posted on February 06, 2009
Nancy A. McLaughlin and W. William Weeks (University of Utah - S.J. Quinney College of Law) have posted In Defense of Conservation Easements: A Response to 'The End of Perpetuity' (9 Wyoming Law Review 1 (2009)) on SSRN. Here is...

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