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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

Stubbs & Tolmie on Indigenous Battered Women Charged with Homocide

Posted on January 31, 2009
Julie Stubbs and Julia Tolmie (University of Sydney - Faculty of Law and University of Auckland) have posted Battered Women Charged with Homicide: Advancing the Interests of Indigenous Women (Australian & New Zealand Journal of Criminology, Vol. 41, No...

Grimmelmann on Property in Virtual Worlds

Posted on January 30, 2009
James Grimmelmann (New York Law School) has posted Virtual World Feudalism (Yale Law Journal Pocket Part, Vol. 118, p. 126, 2009) on SSRN. Here is the abstract: Second Life is a feudal society. No, not metaphorically. Literally. Two problems have...

Ferrey on Carbon & Development

Posted on January 30, 2009
Steven Ferrey (Suffolk University Law School) has posted Power Paradox: The Algorithm of Carbon and International Development (Stanford Law & Policy Review, Vol. 19, p. 510, 2008) on SSRN. Here is the abstract: The world is increasingly becoming smaller --...

Cotterrell on Law, Culture, and the Nation State

Posted on January 30, 2009
Roger Cotterrell (University of London - Queen Mary - Department of Law) has posted Law and Culture - Inside and Beyond the Nation State (Retfærd: Nordisk Juridisk Tidsskrift, Vol. 31, No. 123, pp. 23-36, 2008) on SSRN. Here is the...

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Erickson on Shareholder Litigation & Corporate Misconduct

Posted on January 30, 2009
Jessica Erickson (University of Richmond School of Law) has posted Corporate Misconduct and the Perfect Storm of Shareholder Litigation (Notre Dame Law Review, Vol. 84, No. 1, 2008) on SSRN. Here is the abstract: When it comes to combating corporate....

Harris on the First Corporations, Law, and Finance

Posted on January 30, 2009
Ron Harris (Tel Aviv University - Buchmann Faculty of Law) has posted Law, Finance and the First Corporations (GLOBAL PERSPECTIVES ON THE RULE OF LAW, James J. Heckman, Robert L. Nelson, L. Cabatingan, eds., Abingdon: Routledge-Cavendish, 2009) on SSRN...

Powell on Planning Wifi Infrastructures

Posted on January 30, 2009
Alison Powell has posted Wi-Fi as Public Utility or Public Park? Metaphors for Planning Local Communication Infrastructure on SSRN. Here is the abstract: The spaces of cities are increasingly virtual, and planners and managers are faced with the challenge of...

Kontorovich on International Responses to Conquest

Posted on January 29, 2009
Eugene Kontorovich (Northwestern University Law School) has posted International Responses to Territorial Conquest (American Society of International Law Proceedings, Vol. 102, 2009) on SSRN. Here is the abstract:The prohibition on territorial conquest is a cornerstone of the international legal order...

Lee on DMCA Safe Harbors

Posted on January 29, 2009
Edward Lee (Ohio State) has posted Decoding the DMCA Safe Harbors on SSRN. Here is the abstract: The DMCA is a decade old, which, in Internet time, may well be closer to a century. Although the DMCA safe harbors have...

Widiss on Interpretation of Congressional Overrides

Posted on January 29, 2009
Deborah A. Widiss (Brooklyn Law School) has posted Shadow Precedents and the Separation of Powers: Statutory Interpretation of Congressional Overrides (Notre Dame Law Review, Vol. 84, p. 511, 2009) on SSRN. Here is the abstract: In both judicial decisions and...

Anderson on Transnational Governmental Regulatory Networks

Posted on January 29, 2009
Check out The On-Going Debate Over Transnational Governmental Regulatory Networks, Global Governance, and Legitimacy, a post by Kenneth Anderson, at Opinio Juris. Here is a taste: [A]ccountability and democratic legitimacy have become somewhat confused in the literature on networks, governmental...

Brooks on Polygamy

Posted on January 29, 2009
Thom Brooks (Newcastle University - Newcastle Law School) has posted The Problem with Polygamy on SSRN. Here is the abstract: Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either...

Sundahl on Originalism & the Constitution of Ancient Athens

Posted on January 29, 2009
Mark Sundahl (Cleveland State University - Cleveland-Marshall College of Law) has posted The Living Constitution of Ancient Athens: A Comparative Perspective on the Originalism Debate (John Marshall Law Review, Forthcoming) on SSRN. Here is the abstract: This article provides a...

Family on Immigration Adjudication

Posted on January 28, 2009
Jill E. Family (Widener University - School of Law) has posted A Broader View of the Immigration Adjudication Problem on SSRN. Here is the abstract:Are too many individuals diverted from civil immigration adjudication? Each year, the government completes millions of...

Cotterrell on Ehrlich & the Sociology of Law

Posted on January 28, 2009
Roger Cotterrell (University of London - Queen Mary - Department of Law) has posted Ehrlich at the Edge of Empire: Centres and Peripheries in Legal Studies (Roger Cotterrell, EHRLICH AT THE EDGE OF EMPIRE: CENTRES AND PERIPHERIES IN LEGA STUDIES,...

Leo & Davis on Psychological Processes & False Confessions

Posted on January 28, 2009
Richard A. Leo and Deborah Davis (University of San Francisco - School of Law and University of Nevada, Reno) have posted From False Confession to Wrongful Conviction: Seven Psychological Processes (Journal of Psychiatry and Law, 2009) on SSRN. Here is...

Holbrook on "Equivalency" in Patent Law

Posted on January 28, 2009
Timothy R. Holbrook (Chicago-Kent College of Law) has posted Equivalency and Patent Law's Possession Paradox on SSRN. Here is the abstract: Under the Federal Circuit's current law, the doctrine of equivalents protects only those technologies that arise after the patent...

Knoll on the Corporate Income Tax & Competitiveness

Posted on January 28, 2009
Michael S. Knoll (University of Pennsylvania Law School) has posted The Corporate Income Tax and the Competitiveness of U.S. Industries on SSRN. Here is the abstract:Hit hard by the financial crisis and recession, U.S. auto producers are seeking a massive...

Cross on Property Rights in Native American Traditional Knowledge

Posted on January 28, 2009
John T. Cross (University of Louisville - Louis D. Brandeis School of Law) has posted Justifying Property Rights in Native American Traditional Knowledge (Texas Weleyan Law Review, Forthcoming) on SSRN. Here is the abstract:This paper explores various reasons why Congress...

Evans on Class Certification

Posted on January 27, 2009
David S. Evans (University College, London) has posted The New Consensus on Class Certification: What it Means for the Use of Economic and Statistical Evidence in Meeting the Requirements of Rule 23 on SSRN. Here is the abstract: Offering expert...

Amtenbrink & Lastra on Accountability of Financial Regulators

Posted on January 27, 2009
Fabian Amtenbrink and Rosa M. Lastra (Erasmus School of Law, Erasmus University Rotterdam and Centre for Commercial Law Studies, Queen Mary University of London) have posted Securing Democratic Accountability of Financial Regulatory Agencies - a Theoretical Framework (R...

Bradley on "Knock & Talk"

Posted on January 27, 2009
Craig Bradley (Indiana University School of Law-Bloomington) has posted 'Knock and Talk' and the Fourth Amendment (Indiana Law Journal, Vol. 84, No. 4, 2009) on SSRN. Here is the abstract: "Knock and talk" is a technique employed by police, in...

Solimine on Standing

Posted on January 27, 2009
Michael E. Solimine (University of Cincinnati - College of Law) has posted Congress, Separation of Powers, and Standing (Case Western Reserve Law Review, Vol. 59, 2009) on SSRN. Here is the abstract: Plaintiffs must satisfy certain standing requirements before they...

Rumney on Gender Neutrality & Rape

Posted on January 27, 2009
Philip Rumney (University of the West of England) has posted Gender Neutrality, Rape and Trial Talk (21 International Journal for the Semiotics of Law, Vol. 21, p. 139, 2008) on SSRN. Here is the abstract: This article examines the notion...

Sperling on Rights-Based Bioethics

Posted on January 27, 2009
Daniel Sperling (The Hebrew University of Jerusalem) has posted Law and Bioethics: A Rights-Based Relationship and its Troubling Implications (Current Legal Issues, Vol. 11, pp. 52-78, 2008) on SSRN. Here is the abstract: Some argue that law is the discipline...

Parchomovsky & Stein on Tresspass

Posted on January 26, 2009
Gideon Parchomovsky & Alex Stein (University of Pennsylvania & Yeshiva University - Benjamin N. Cardozo School of Law) have posted Reconceptualizing Trespass (Northwestern University Law Review, Vol. 103, 2009) on SSRN. Here is the abstract: This Essay addresses an anomaly...

Leo on False Confessions

Posted on January 26, 2009
Richard A. Leo (University of San Francisco - School of Law) has posted False Confessions: Causes, Consequences and Implications (The Journal of the American Academy of Psychiatry and the Law, 200) on SSRN. Here is the abstract:In the last two...

Symposium on Rosenblum's "On the Side of Angels" at Jacob T. Levy

Posted on January 26, 2009
Jacob Levy is hosting a symposium on Nancy Rosenblum's On the Side of Angels at his blog. Here is a description: This week in this space we'll be having a look at Nancy Rosenblum's important new book, On the Side...

Serkin & Tebbe on the Religious Land Use and Institutionalized Persons Act

Posted on January 26, 2009
Christopher Serkin and Nelson Tebbe (Brooklyn Law School and Brooklyn Law School) have posted Condemning Religion: The Political Economy of RLUIPA on SSRN. Here is the abstract:Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the...

Mark A. Lemley and Bhaven N. Sampat

Posted on January 26, 2009
Mark A. Lemley and Bhaven N. Sampat (Stanford Law School and Columbia University - Mailman School of Public Health) have posted Examiner Characteristics and the Patent Grant Rate on SSRN. Here is the abstract:In this paper, we show that there...

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