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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

Marceau on Section 2254 of the Anti-Terrorism and Effective Death Penalty Act

Posted on February 06, 2009
Justin F. Marceau (University of Denver Sturm College of Law) has posted Un-Incorporating the Bill of Rights: The Tension between the Fourteenth Amendment and the Federalism Concerns that Underlie Modern Criminal Procedure Reforms (Journal of Criminal Law and Criminology, Vol...

Colon-Rios on Constutionalism & Democracy

Posted on February 06, 2009
Joel I. Colon-Rios (York University - Osgoode Hall Law School) has posted The End of the Constitutionalism-Democracy Debate on SSRN. Here is the abstract: There is something strange about the literature produced in the 1990s by North American constitutional theorists...

Strong on International Class Arbitration

Posted on February 06, 2009
S.I. Strong (University of Missouri School of Law) has posted Enforcing Class Arbitration in the International Sphere: Due Process and Public Policy Concerns (University of Pennsylvania Journal of International Law, Vol. 30, No. 1, 2008) on SSRN. Here is the...

Grossman on International Adjudicative Bodies & Legitimacy

Posted on February 05, 2009
Nienke Grossman (Georgetown University - Law Center) has posted Legitimacy and International Adjudicative Bodies (George Washington International Law Review, Fall 2009) on SSRN. Here is the abstract: This article proposes a theory of legitimacy tailored to international courts and tribunals...

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Weber & Neuhoff on Carbon Markets & Innovation

Posted on February 05, 2009
Thomas A. Weber and Karsten Neuhoff (Stanford University - Management Science & Engineering and University of Cambridge - Department of Applied Economics) has posted Carbon Markets and Technological Innovation on SSRN. Here is the abstract: This paper examines the effects...

Shulman on the End of the War on Terror

Posted on February 05, 2009
Mark R. Shulman (Pace University School of Law) has posted The 'War on Terror' is Over - Now What?: Using Law to Rebalance Grand Strategy (Journal of National Security Law & Policy, Summer 2009) on SSRN. Here is the abstract:...

Worster on the Fragmentation of International Law

Posted on February 05, 2009
William Thomas Worster (The Hague University) has posted Competition and Comity in the Fragmentation of International Law (Brooklyn Journal of International Law, Vol. 34, 2008) on SSRN. Here is the abstract: The international legal system encompasses a variety of legal...

Dibadj on Croley on Regulation

Posted on February 05, 2009
Reza Dibadj (University of San Francisco - School of Law) has posted The Process-Welfare Nexus (Oklahoma City University Law Review, Forthcoming) on SSRN. Here is the abstract: In an era fashionable for its simplistic trashing of the regulatory state, Steven...

Barton on Spitzer on Law Reviews

Posted on February 05, 2009
Benjamin Barton (University of Tennessee College of Law) has posted Saving Law Reviews from Political Scientists: A Defense of Lawyers, Law Professors, and Law Reviews on SSRN. Here is the abstract: This essay reviews Robert J. Spitzer, Saving the Constitution...

Couwenberg on Corporate Architecture

Posted on February 05, 2009
Oscar Couwenberg (University of Groningen - Faculty of Law - Department of Law and Economics) has posted Corporate Architecture and Limited Liability (Review of Law and Economics, Vol. 4, No. 2, 2008) on SSRN. Here is the abstract: This paper...

Levi & Gulati on Judicial Participation in Measuring Judicial Performance

Posted on February 04, 2009
David F. Levi and G. Mitu Gulati (Duke University - School of Law and Duke University - School of Law) have posted Judging Measures (UMKC Law Review, Forthcoming) on SSRN. Here is the abstract: The question of how to optimally...

Alldridge on Money Laundering & Globalization

Posted on February 04, 2009
Peter W. Alldridge (University of London - Queen Mary) has posted Money Laundering and Globalization (Journal of Law and Society, Vol. 35, Issue 4, pp. 437-463, December 2008) on SSRN. Here is the abstract:The article traces the various imperatives generated...

Kettles on Day Laborers & Public Space

Posted on February 04, 2009
Gregg W. Kettles (Loyola Law School - Los Angeles) has posted Day Labor Markets and Public Space on SSRN Here is the abstract: Day laborers standing on street corners have become a more common, and more controversial, sight in many...

Harvard's "Journal of Legal Analysis" Goes Open Access

Posted on February 04, 2009
Here is the press release:Harvard University Press Announces First Open Access Journal In partnership with the John M. Olin Center for Law, Economics, and Business at Harvard Law School, Harvard University Press will launch the Journal of Legal Analysishttp://jla...

Cahill on Attempt by Omission

Posted on February 04, 2009
Michael T. Cahill (Brooklyn Law School) has posted Attempt by Omission (Iowa Law Review, Vol. 94, 2009) on SSRN. Here is the abstract: In addition to requiring subjective culpability, criminal offenses typically involve two objective features: action and harm...

Verdier on Transnational Regulatory Networks

Posted on February 04, 2009
Pierre-Hugues Verdier (Boston University School of Law) has posted Transnational Regulatory Networks and Their Limits (Yale Journal of International Law, Vol .34, No. 1) on SSRN. Here is the abstract: In recent years, the rise of transnational regulatory networks (TRNs)...

Van Schaack on the Terrorism Tort in International Law

Posted on February 04, 2009
Beth Van Schaack (Santa Clara University - School of Law) has posted Finding the Tort of Terrorism in International Law (Review of Litigation, Vol. 28, No. 2, 2009) on SSRN. Here is the abstract:This Article-part of a symposium on civil...

Rozzi & Peretti on Exit from the Supreme Court

Posted on February 03, 2009
Alan Rozzi & Terri L. Peretti (Santa Clara) have posted Modern Departures from the Supreme Court: Party, Pensions, or Power on SSRN. Here is the abstract: If the Supreme Court often serves the interests of the dominant governing coalition, does...

Stephan on Selectivity & Symmetry in International Law

Posted on February 03, 2009
Paul B. Stephan III (University of Virginia School of Law) has posted Symmetry and Selectivity: What Happens in International Law When the World Changes (Chicago Journal of International Law, Forthcoming) on SSRN. Here is the abstract: This article has a...

Tillman on Hamilton on "Displacing" Federal Officers

Posted on February 03, 2009
Seth Barrett Tillman (United States District Court, PA) has posted The Puzzle of Hamilton's Federalist No. 77: It Turns Out Hamilton Was Right after All on SSRN. Here is the abstract: The Founders, the authors of the Constitution of 1787,...

Poscher on Anti-Terrorism & Civil Liberties in Germany

Posted on February 03, 2009
Check out Ralf Poscher's Terrorism and the Constitution: Looking at the German Case in dissent magazine. Here is a taste:The lesson to be learned from the excursion to the German constitutional planet is not the bold one, that the German...

Kang on Liberalism & Pornography

Posted on February 03, 2009
John M. Kang (St. Thomas University School of Law) has posted Taking Safety Seriously: Using Liberalism to Fight Pornography on SSRN. Here is the abstract:In the law review literature on pornography, there is sometimes the depressing story that either liberalism...

Ghosh on Federal Criminal Trade Secret Law

Posted on February 03, 2009
Shubha Ghosh (University of Wisconsin Law School) has posted Open Borders, Intellectual Property, & Federal Criminal Trade Secret Law on SSRN. Here is the abstract:The mobility of skilled labor across firms has been identified as an important source of regional...

Powell on WiFi Publics

Posted on February 02, 2009
Alison Powell (University of Oxford - Oxford Internet Institute) has posted WiFi Publics: Producing Community and Technology (Information, Communication & Society, Vol. 11, No. 8 pp. 1068-1088, December 2008) on SSRN. Here is the abstract: Drawing on community expertise, open-source...

Allan, Cook, & Poole on Brudner on Constitutional Theory

Posted on February 02, 2009
Thomas M. Poole (London School of Economics & Political Science) has posted The Devil's Account: Men, Morals, and Constitutional Goods on SSRN. Here is the abstract: Alan Brudner's constitutional theory offers us an ideal constitution or 'heaven of laws'...

Bernt on the Reasonable Person in Employment Law

Posted on February 02, 2009
Lisa Bernt (John F. Kennedy School of Government) has posted Finding the Right Jobs for the Reasonable Person in Employment Law (UMKC Law Review, Vol. 77, No. 1, 2008) on SSRN. Here is the abstract: This article examines the reasonable...

Culhane on Public Health & Same-Sex Marriage

Posted on February 02, 2009
John G. Culhane (Widener University - Delaware Campus) has posted Beyond Rights and Morality: The Overlooked Public Health Argument for Same-Sex Marriage (Law & Sexuality, Vol. 17, 2008) on SSRN. Here is the abstract: The debate surrounding marriage equality has...

Legal Theory Lexicon: Path Dependency

Posted on February 01, 2009
Introduction The phrase "path dependency" is used to express the idea that history matters--choices made in the past can affect the feasibility (possibility or cost) of choices made in the future. This entry in the Legal Theory Lexicon introduces this...

Legal Theory Bookworm

Posted on January 31, 2009
The Legal Theory Bookworm recommends Future People: A Moderate Consequentialist Account of our Obligations to Future Generations by Tim Mulgan. Here is a description: What do we owe to our descendants? How do we balance their needs against our own?...

Download of the Week

Posted on January 31, 2009
The Download of the Week is Intentional Diminishment, the Non-Identity Problem, and Legal Liability by I. Glenn Cohen. Here is the abstract: This Article, lying at the intersection of law and bioethics, examines whether it is wrongful to use assisted...

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