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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

Janus & Bolin on Sexually Violent Predator Laws

Posted on January 19, 2009
Eric S. Janus and Brad C. Bolin (William Mitchell College of Law) have posted An End-Game for Sexually Violent Predator Laws: As-Applied Invalidation (Ohio State Journal of Criminal Law, Vol. 6, No. 25, 2008) on SSRN. Here is the abstract:In...

Book Announcement: Property Stories (2nd Edition)

Posted on January 19, 2009
Gerald Korngold and Andrew P. Morriss (New York Law School and University of Illinois College of Law) have posted Introduction: The Story of Property Stories (PROPERTY STORIES, SECOND EDITION, Gerald Korngold, Andrew Moriss, eds., Foundation Press, 2009) on SSRN...

Ramirez Cleves on Protection of Human Rights in Colombia

Posted on January 19, 2009
Gonzalo Andrés Ramírez Cleves (Universidad Externado de Colombia) has posted The Interamerican System for the Protection of Human Rights, and a Reflection of the Colombian Situation on SSRN. Here is the abstract:The paper describes the Interamerican system for the protection...

Kobach on Immigration, Amnesty, & the Rule of Law

Posted on January 19, 2009
Kris W. Kobach (University of Missouri at Kansas City - School of Law) has posted Immigration, Amnesty, and the Rule of Law (Hofstra Law Review, Vol. 36, No. 4, 2008) on SSRN. Here is the abstract:Recent years have seen an...

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Pacces on Investor Protection & Corporate Law and Economics

Posted on January 19, 2009
Alessio M. Pacces (Erasmus Universiteit Rotterdam - Rotterdam Institute of Law and Economics) has posted Why Investor Protection is Not All that Matters in Corporate Law and Economics on SSRN. Here is the abstract:The standard approach to the legal foundations...

Karapanou & Visscher on Pain & Suffering

Posted on January 19, 2009
Vaia Karapanou and Louis T. Visscher (Erasmus University Rotterdam (EUR) - Erasmus School of Law) have posted The Magnitude of Pain and Suffering Damages from a Law and Economics and Health Economics Point of View on SSRN. Here is the...

Adler on the Constitution and the Rule of Recognition

Posted on January 19, 2009
Matthew D. Adler (University of Pennsylvania - Law School) has posted Social Facts, Constitutional Interpretation, and the Rule of Recognition (THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION, Matthew D. Adler & Kenneth Einar Himma, eds., Oxford U. Press, 2009)...

Legal Theory Lexicon: The Law Is a Seamless Web

Posted on January 18, 2009
Introduction F.W. Maitland, the famous legal historian wrote, ?Such is the unity of all history that any one who endeavors to tell a piece of it must feel that his first sentence tears a seamless web.? (A Prologue to a...

Legal Theory Bookworm

Posted on January 17, 2009
The Legal Theory Bookworm recommends Adversarial Legalism: The American Way of Law by Robert A. Kagan. Here is a description: American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other...

Downloads of the Week

Posted on January 17, 2009
This week, I am recommending two papers:M. Todd Henderson (University of Chicago - Law School) has posted Two Visions of Corporate Law on SSRN. Here is the abstract:In a recent paper, Professor Robert Ahdieh argues that the debate about whether...

Rasmussen on Internet Governance & Techno-Politics

Posted on January 16, 2009
Terje Rasmussen (University of Oslo) has posted Techno-Politics, Internet Governance and Some Challenges Facing the Internet on SSRN. Here is the abstract: This paper addresses the Internet as a terrain of techno-political controversies between various cultures with their interests and...

Ghosh on Patenting Games

Posted on January 16, 2009
Shubha Ghosh (University of Wisconsin Law School) has posted Patenting Games: Or, Baker v. Selden Revisited on SSRN. Here is the abstract: Games and gaming have increasingly been the subject of patents. This paper examines how the patenting of games....

Glazer on Calling on Students by Name & Gender Neutrality

Posted on January 16, 2009
Elizabeth M. Glazer (Hofstra University - School of Law) has posted Name-Calling (Hofstra Law Review, 2009) on SSRN. Here is the abstract: Jennifer Hoffman identified as a woman. A classmate of mine in law school and a section-mate of mine...

Henderson on Visions of Corporate Law

Posted on January 16, 2009
M. Todd Henderson (University of Chicago - Law School) has posted Two Visions of Corporate Law on SSRN. Here is the abstract: In a recent paper, Professor Robert Ahdieh argues that the debate about whether corporate law federalism leads to...

Mashaw on Presidential Discretion

Posted on January 16, 2009
Jerry Louis Mashaw (Yale Law School) has posted Government Practice and Presidential Direction: Lessons from the Antebellum Republic (Willamette Law Review, Vol. 45, No. 3, 2009) on SSRN. Here is the start of the abstract: In Association of Data Processing...

Finkelman on Dred Scott v. Sandford

Posted on January 16, 2009
Paul Finkelman (Albany Law School - Government Law Center) has posted Was Dred Scott Correctly Decided? An "Expert Report" for the Defendant (Lewis & Clark Law Review, Vol. 12, No. 4, 2008) on SSRN. Here is the abstract:This Article offers...

Hersch on Skin Color & Immigrant Pay

Posted on January 15, 2009
Joni Hersch (Vanderbilt University Law School) has posted Skin Color, Discrimination, and Immigrant Pay on SSRN. Here is the abstract: In "Profiling the New Immigrant Worker: The Effects of Skin Color and Height," (Journal of Labor Economics 2008), I present...

Call for Papers: Economic Analysis of Contract Law in Bonn

Posted on January 15, 2009
FRONTIERS IN THE ECONOMIC ANALYSIS OF CONTRACT LAW Call for Papers June 4/5, 2009 Bonn Graduate School of Economics University of Bonn The aim of the workshop is to allow for in-depth scientific interactions between junior and senior researchers interested...

Rappaport on Originalism & Regulatory Takings

Posted on January 15, 2009
Michael B. Rappaport (University of San Diego - School of Law) has posted Originalism and Regulatory Takings: Why the Fifth Amendment May Not Protect Against Regulatory Takings, But the Fourteenth Amendment May (San Diego Law Review, Vol. 45, Summer 2008)...

Hersch & Viscusi on Exxon Shipping Co. v. Baker

Posted on January 15, 2009
Joni Hersch and W. Kip Viscusi (Vanderbilt University Law School and Vanderbilt University - Law School) have posted Punitive Damages by Numbers: Exxon Shipping Co. v. Baker on SSRN. Here is the abstract: The U.S. Supreme Court decision in Exxon...

Passas on Informal Value Transfer Systems

Posted on January 15, 2009
Nikos Passas (Northeastern University) has posted Informal Value Transfer Systems and Criminal Organizations; A Study into So-Called Underground Banking Networks on SSRN. Here is the abstract: This is the first systematic study into so-called "underground banking" networks...

Krawiec on Forbidden Exchange

Posted on January 15, 2009
Kimberly D. Krawiec (University of North Carolina at Chapel Hill - School of Law) has posted Show Me the Money: Making Markets in Forbidden Exchange (Law and Contemporary Problems, Vol. 72, No. 3, 2009) on SSRN. Here is the abstract:...

Mazzone & Moore on Trade Secrets

Posted on January 15, 2009
Jason Mazzone and Matthew Moore (Brooklyn Law School and Brooklyn Law School) have posted The Secret Life of Patents (Washburn Law Journal, Vol. 48, No. 33, 2008) on SSRN. Here is the abstract: his symposium essay challenges the claim that...

Kjeldgaard-Pedersen on International Norm Conflicts

Posted on January 14, 2009
Astrid Kjeldgaard-Pedersen (University of Aarhus) has posted New Contributions to the Debate on International Norm Conflicts? (EU-ret og Menneskeret, Vol. 15, No. 6, December 2008) on SSRN. Here is the abstract: International lawyers have long been interested in finding the...

Banakar on Sociology of Law

Posted on January 14, 2009
Reza Banakar (University of Westminster - School of Law) has posted Law Through Sociology's Looking Glass: Conflict and Competition in Sociological Studies of Law (THE NEW ISA HANDBOOK IN CONTEMPORARY INTERNATIONAL SOCIOLOGY: CONFLICT, COMPETITION, AND COOPERATION, Denis, Ann and Kalekin-Fishman,...

Meares & Papachristos on Policing Gun Crime

Posted on January 14, 2009
Tracey L. Meares and Andrew V. Papachristos (Yale University and University of Massachusetts at Amherst - Department of Sociology) has posted Policing Gun Crime Without Guns on SSRN. Here is the abstract: Despite the recent and welcome decline in United...

Roberts on White on Administrative Development

Posted on January 14, 2009
Alasdair S. Roberts (Suffolk University Law School) has posted The Path Not Taken: Leonard White and the Macrodynamics of Administrative Development (Public Administration Review, Vol. 69, No. 4, July/August 2009) on SSRN. Here is the abstract: This is a review...

Noah on Products Liability Law

Posted on January 14, 2009
Lars Noah (University of Florida - Fredric G. Levin College of Law) has posted This is Your Products Liability Restatement on Drugs (Brooklyn Law Review, Vol. 74, 2009) on SSRN. Here is the abstract:This paper attempts to offer a comprehensive...

Fenster on Regulatory Takings

Posted on January 14, 2009
Mark Fenster (University of Florida - Fredric G. Levin College of Law) has posted The Stubborn Incoherence of Regulatory Takings (Stanford Environmental Law Journal, Vol. 28a, 2009) on SSRN. Here is the abstract: Lingle v. Chevron (2005), the Supreme Court's...

Steel on Theft of Intangible Property

Posted on January 13, 2009
Alex Steel (University of New South Wales - Faculty of Law) has posted Problematic and Unnecessary? Issues with the Use of the Theft Offence to Protect Intangible Property (Sydney Law Review, Vol. 30, p. 575, 2008) on SSRN. Here is...

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