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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

Cohen on Smolensky on the Non-Identity Problem & Selecting for Disability

Posted on January 26, 2009
I. Glenn Cohen (Harvard) has posted Intentional Diminishment, the Non-Identity Problem, and Legal Liability on SSRN. Here is the abstract: This Article, lying at the intersection of law and bioethics, examines whether it is wrongful to use assisted reproductive technology...

Klemperer on Climate Change Priorities

Posted on January 26, 2009
Paul Klemperer (University of Oxford - Department of Economics) has posted What is the Top Priority on Climate Change? on SSRN. Here is an excerpt:The critical issue is that no strategy will work unless it is consistent with developing countries'...

Legal Theory Lexicon: Efficiency, Pareto, and Kaldor-Hicks

Posted on January 25, 2009
Introduction Almost every law student get's some introduction to normative law and economics in their first year of law school. One of the basic ideas of normative law and economics is that the law should be "efficient." But what does...

Legal Theory Bookworm

Posted on January 24, 2009
The Legal Theory Bookworm recommends Reasonably Vicious by Candace Vogler. Here is the abstract: Is unethical conduct necessarily irrational? Answering this question requires giving an account of practical reason, of practical good, and of the source or point of wrongdoing...

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Download of the Week

Posted on January 24, 2009
The Download of the Week is Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy by Orly Lobel & On Amir. Here is the abstract: Research in the field of behavioral economics indicates that humans stumble in their decisionmaking...

New Issue of "Theoretical Inquiries in Law"

Posted on January 23, 2009
Here is the link. Looks like a really terrific issue. Here is the lineup: Community and Property For comments on the articles in this issue, please visit the TIL Forum at: http://services.bepress.com/tilforum2 Articles Introduction4 Community and Custom in Property6Henry E...

Katz on Roberts-Court Election Law Jurisprudence

Posted on January 23, 2009
Ellen D. Katz (University of Michigan Law School) has posted Withdrawal: The Roberts Court and the Retreat from Election Law on SSRN. Here is the abstract: A distinct approach to election law is emerging in the Roberts Court. It is...

Fenster on Thurman Arnold & Post-Realist Legal Theory

Posted on January 23, 2009
Mark Fenster (University of Florida - Fredric G. Levin College of Law) has posted The Dramas of Criminal Law: Chapter from The Symbols of Governance: Thurman Arnold and Post-Realist Legal Theory on SSRN. Here is the abstract:This essay is a...

Symeonides on Choice of Law in Cross-Border Torts

Posted on January 23, 2009
Symeon C. Symeonides (Willamette University - College of Law) has posted Choice of Law in Cross-Border Torts on SSRN. Here is the abstract:This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from...

Blattberg on the Counterproductivity of Human Rights

Posted on January 23, 2009
Charles Blattberg (University of Montreal) has posted The Ironic Tragedy of Human Rights (Charles Blattberg, PATRIOTIC ELABORATIONS: ESSAYS IN PRACTICAL PHILOSOPHY, Chapter 3, McGill-Queen's University Press) on SSRN. Here is the abstract: With the 1948 UN Universal Declaration of Human...

Harrington on International Economic Law

Posted on January 23, 2009
Alexandra R. Harrington (McGill University - Faculty of Law) has posted Law Without Links: Re-Locating International Economic Law within the Sphere of Law and Society on SSRN. Here is the abstract: This article argues that, in order to understand international...

Merges on Locke and Collective Creativity

Posted on January 23, 2009
Robert P. Merges (University of California, Berkeley - School of Law) has posted Locke for the Masses: Property Rights and the Products of Collective Creativity on SSRN. Here is the abstract:In this brief Idea piece, I describe how the labor...

Van Schaack on the International Criminal Tribunal & Gender Justice

Posted on January 22, 2009
Beth Van Schaack (Santa Clara University - School of Law) has posted Obstacles on the Road to Gender Justice: The International Criminal Tribunal for Rwanda as Object Lesson (American University Journal of Gender, Social Policy & the Law, 2009) on...

Jensen on Capital Gains for Kept Property

Posted on January 22, 2009
Ronald H. Jensen (Pace University School of Law) has posted Can You Have Your Cake and Eat it Too? Achieving Capital Gain Treatment While Keeping the Property (Pittsburgh Tax Review, Vol. 5, 2008) on SSRN. Here is the abstract:Although the...

Huang on Emotional Adaptation & Settlement

Posted on January 22, 2009
Peter H. Huang (Temple University - James E. Beasley School of Law) has posted Emotional Adaptation and Lawsuit Settlements (Columbia Law Review, Vol. 108, December 2008) on SSRN. Here is the abstract:John Bronsteen, Christopher Buccafusco, and Jonathan Masur argue in...

Robinette on the Prosser Notebook

Posted on January 22, 2009
Christopher J. Robinette (Widener University - School of Law) has posted The Prosser Notebook: Classroom as Biography and Intellectual History on SSRN. Here is the abstract: When a former student offered to let me see his grandfather's Torts notebook, I...

Lobel & Amir on Behavioral Economics, Law, and Policy

Posted on January 22, 2009
Orly Lobel & On Amir (University of San Diego - School of Law , University of California, San Diego - Rady School of Management) have posted Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy (Columbia Law Review, Vol....

Coffman on Intermediation & Punishment

Posted on January 22, 2009
Lucas C Coffman (Harvard University) has posted Intermediation Reduces Punishment on SSRN. Here is the abstract: This research experimentally identifies the belief that an action is less blameworthy when separated from the outcome by another actor. Contrary to current economic...

Beermann on Midnight Regulation

Posted on January 21, 2009
Jack Michael Beermann (Boston University School of Law) has posted Combating Midnight Regulation on SSRN. Here is the abstract:The flurry of regulatory activity by the outgoing administration of President George W. Bush has raised, once again, the specter of midnight...

Blackman on Lemon v. Kurtzman

Posted on January 21, 2009
Josh Blackman (George Mason University - School of Law) has posted This Lemon Comes as a Lemon: The Lemon Test, Legislative History, and the Pursuit of a Statute's Secular Purpose on SSRN. Here is the abstract:The Lemon Test, derived from...

Secunda on Public Employee Blogging

Posted on January 21, 2009
Paul M. Secunda (Marquette University - Law School) has posted Blogging While (Publicly) Employed: Some First Amendment Implications (University of Louisville Law Review, Vol. 47, No. 4, 2009) on SSRN. Here is the abstract:While private-sector employees do not have First...

Benson on Police Response to Rural Domestic Violence

Posted on January 21, 2009
Sara R. Benson (University of Illinois College of Law) has posted Failure to Arrest: A Pilot Study of Police Response to Domestic Violence in Rural Illinois on SSRN. Here is the abstract:The need for specific inquiry into rural domestic violence...

Nelson on the Regligious Land Use and Institutionalized Persons Act

Posted on January 21, 2009
James David Nelson (University of Virginia School of Law) has posted Incarceration, Accommodation, and Strict Scrutiny on SSRN. Here is the abstract:The Religious Land Use and Institutionalized Persons Act (RLUIPA) requires the application of strict scrutiny to policies substantially burdening...

Muniz-Fraticell on a Perpetual Constitution

Posted on January 20, 2009
Victor M. Muniz-Fraticelli (McGill University) has posted The Problem of a Perpetual Constitution (INTERGENERATIONAL JUSTICE, Axel Gosseries, Lukas Meyer, eds., Oxford University Press, 2009) on SSRN. Here is the abstract:A perpetual constitution aims to settle the political structure of a...

Kamal & Mahnudur on Explaining Corporate Governance in Developing Countries

Posted on January 20, 2009
Miko Kamal and Mia Mahmudur Rahim (Macquarie University - Macquarie Law School) have posted Changes in the Corporate Governance Patterns in Developing Countries: Guesses on Ideological Imbalance on SSRN. Here is the abstract:The pattern of a nation's corporate governance is...

Teson on the Brain Drain

Posted on January 20, 2009
Fernando R. Teson (Florida State University College of Law) has posted Brain Drain (San Diego Law Review, Vol. 45, No. 4, 2008) on SSRN. Here is the abstract:It is generally assumed that the brain drain (the emigration of skilled citizens...

Antkowiak on Remedial Approaches to Human Rights

Posted on January 20, 2009
Thomas M. Antkowiak (Seattle University School of Law) has posted Remedial Approaches to Human Rights Violations: The Inter-American Court of Human Rights and Beyond (Columbia Journal of Transnational Law, Vol. 46, No. 2, 2008) on SSRN. Here is the abstract:A...

Hirsch on Nationalizing Worplace Law

Posted on January 20, 2009
Jeffrey M. Hirsch (University of Tennessee College of Law) has posted Revolution in Pragmatist Clothing: Nationalizing Workplace Law on SSRN. Here is the abstract:Workplace governance in the United States is a fragmented system of rules emanating from local, state, and...

Anderson on Foundational Disagreement in Counterterrorism Policy

Posted on January 20, 2009
Kenneth Anderson (Washington College of Law, American University) has posted The Assumptions Behind the Assumptions in the War on Terror: Risk Assessment as an Example of Foundational Disagreement in Counterterrorism Policy (Wayne Law Review, Vol. 54, No...

Valcke on Comparing French and English Contract Law and Social Contract Theory

Posted on January 20, 2009
Catherine Valcke (University of Toronto - Faculty of Law) has posted On Comparing French and English Contract Law: Insights from Social Contract Theory on SSRN. Here is the abstract:I here argue that the same thought structure that underlies French contract...

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