Legal Theory Blog: Academic

Home -> Law Blog Directory -> Academic Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

Rossi on Nondelegation

Posted on December 24, 2008
Jim Rossi (Florida State University College of Law) has posted Nondelegation Doctrine (ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES, David S. Tanenhaus, ed., Macmillan Reference USA, 2008) on SSRN. Here is the abstract: This encyclopedia entry discusses the...

Gustafson on "unable to discharge the powers and duties of his office" in the 25th Amendment

Posted on December 24, 2008
Adam Gustafson (Yale Law School) has posted Presidential Inability and Subjective Meaning (Yale Law & Policy Review, Vol. 27, No. 2, 2009) on SSRN. Here is the abstract: The Twenty-Fifth Amendment allows a President to be separated from his constitutional...

Blackman on Originalism and Heller

Posted on December 24, 2008
Josh Blackman (George Mason University - School of Law) has posted Originalism for Dummies, Pragmatic Unoriginalism, and Passive Liberty: An Originalist Critique of the Heller Dissents and Judges Posner's and Wilkinson's Unoriginalist Assault on the Liberty to Keep and Bear...

Dudziak on Tushnet on Teles

Posted on December 24, 2008
Mary Dudziak has some interesting comments on Mark Tushnet's review of Steven Teles's book, The Rise of the Conservative Legal Movement--scroll down to the immediately prior post.

To access this complete feed in the blog feed reader login or register for free.

Garnett on Rehnquist & Community Norms

Posted on December 24, 2008
Richard W. Garnett (Notre Dame Law School) has posted Judicial Review, Local Values, and Pluralism (Harvard Journal of Law and Public Policy, Vol. 32, 2008) on SSRN. Here is the abstract: At the Federalist Society's 2008 National Student Symposium, a...

Klass on Contract Theory

Posted on December 23, 2008
Gregory Klass (Georgetown University - Law Center) has posted Three Pictures of Contract: Short Version (Forthcoming, New York University Law Review, Vol. 83, 2008) on SSRN. Here is the abstract:This essay presents in short form the main argument in Three...

Sator on Legal Validity

Posted on December 23, 2008
Giovanni Sartor (European University Institute Law Department) has posted Legality Policies and Theories of Legality: From 'Bananas' to Radbruch's Formula on SSRN. Here is the abstract: I shall argue that issue of legal validity or legality (I will use these...

Abramowicz & Colby on Notice-and-Comment Judicial Decisionmaking

Posted on December 23, 2008
Michael Abramowicz and Thomas Colby (George Washington University Law School and George Washington University Law School) have posted Notice-and-Comment Judicial Decisionmaking on SSRN. Here is the abstract: Executive branch agencies typically use a process of "notice-and-comment" to permit the public...

Seidman on Colin Powell & Resignation

Posted on December 23, 2008
Louis Michael Seidman (Georgetown University) has posted Powell's Choice: The Law and Morality of Speech, Silence, and Resignation by High Government Officials on SSRN. Here is the abstract: Suppose that you were Colin Powell. Would you have resigned your office...

Blackman on the Distinction between Dictum & Holding

Posted on December 23, 2008
Josh Blackman (George Mason University - School of Law) has posted Much Ado About Dictum; or, How to Evade Precedent Without Really Trying: The Distinction between Holding and Dictum on SSRN. Here is the abstract: From the birth of our...

Leiter on Tamsin on Nietzsche's Political Philosophy

Posted on December 23, 2008
Brian Leiter (University of Chicago Law School) has posted A New Approach to the Question of Nietzsche's Political Philosophy: A Review of Tamsin Shaw's Nietzsche's Political Skepticism (2007) (Notre Dame Philosophical Reviews, January 2009) on SSRN. Here is the abstract:...

New Original Position Essay by Freeman

Posted on December 22, 2008
Sam Freeman's entry on the Original Position in the Stanford Encyclopedia of Philosophy has been substantially rewritten. Very highly recommended. Other than the original, this is what I would most recommend to anyone interested in understanding the OP.

Conference Announcement: ALEA in San Diego

Posted on December 22, 2008
The American Law and Economics Association (ALEA) will hold its annual conference on May 15-16, 2009 in San Diego. The conference brings together law professors and economists interested in economic analysis of law and it will have sessions covering most...

Sunstein on the Constitutionality of OSHA

Posted on December 22, 2008
Cass R. Sunstein (Harvard University - Harvard Law School) has posted Is OSHA Unconstitutional? (Virginia Law Review, Forthcoming) on SSRN. Here is the abstract: Under the Occupational Safety and Health Act, the Secretary of Labor is authorized to issue whatever...

Young on Motive Analysis

Posted on December 22, 2008
Gordon Gregory Young (University of Maryland - School of Law) has posted Justifying Motive Analysis in Judicial Review (William Mary Bill of Rights, Vol. 17, No. 1, pp. 191-261, 2008) on SSRN. Here is the abstract: Motives concern us...

Tushnet on the Globalization of Constitutional Law

Posted on December 22, 2008
Mark Tushnet (Harvard University - Harvard Law School) has posted The Inevitable Globalization of Constitutional Law (Hague Institute for the Internationalization of Law) on SSRN. Here is the abstract: This Essay examines the forces pushing the presently varying forms of...

Primus on the Limits of Intepretivism

Posted on December 22, 2008
Richard Primus (University of Michigan Law School) has posted Limits of Interpretivism (Harvard Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract: As a matter of history, the term interpretivism was current only for a short...

Shinar on Constitutions in Crisis

Posted on December 22, 2008
Adam Shinar (Harvard University - Harvard Law School) has posted Constitutions in Crisis: A Comparative Approach to Judicial Reasoning and Separation of Powers (Florida Journal of International Law, Vol. 20, p. 115, 2008) on SSRN. Here is the abstract: In...

Turnipseed on Adoption of Adult Lovers Lawrence v. Texas

Posted on December 22, 2008
Terry L. Turnipseed (Syracuse University College of Law) has posted Scalia's Ship of Revulsion Has Sailed: Will Lawrence Protect Adults Who Adopt Lovers to Help Ensure their Inheritance from Incest Prosecution? (Hamline Law Review, Forthcoming) on SSRN...

Legal Theory Lexicon: Constitutional Principles

Posted on December 21, 2008
Introduction When studying constitutional law, students are likely to be exposed to the idea that interpretation of the United States Constitution may include reference to what are sometimes called "constitutional principles"--general and abstract normative ideas that can aid or guide...

Legal Theory Bookworm

Posted on December 20, 2008
The Legal Theory Bookworm recommends War and the Law of Nations: A General History by Stephen C. Neff. Here is a description: This ambitious volume is a history of war, from the standpoint of international law, from the beginning of...

Download of the Week

Posted on December 20, 2008
The Download of the Week is Moral Skepticism and Moral Disagreement in Nietzsche by Brian Leiter. Here is the abstract: This essay offers a new interpretation of Nietzsche's argument for moral skepticism (i.e., the metaphysical thesis that there do not...

Spiro on Missouri v. Holland

Posted on December 19, 2008
Peter J. Spiro (Temple University - James E. Beasley School of Law) has posted Resurrecting Missouri v. Holland (Missouri Law Review, Vol. 73, No. 4, 2008) on SSRN. Here is the abstract: This essay sketches the constitutional dormancy of Missouri...

Hovenkamp on Ownership and Control

Posted on December 19, 2008
Herbert J. Hovenkamp (University of Iowa - College of Law) has posted Neoclassicism and the Separation of Ownership and Control on SSRN. Here is the abstract: Separation of ownership and control is a phrase whose history will forever be associated...

Kaswan on Climate Change Cities

Posted on December 19, 2008
Alice Kaswan (University of San Francisco - School of Law) has posted Climate Change, Consumption, and Cities (Fordham Urban Law Journal, 2009) on SSRN. Here is the abstract: In this article, Professor Kaswan argues that hoped-for greenhouse gas reductions cannot...

Wasserman on Jurisdiction Stripping

Posted on December 19, 2008
Howard M. Wasserman (Florida International University - College of Law) has posted Jurisdiction, Merits, and Non-Extant Rights (Kansas Law Review, Vol. 56, No. 227, 2008) on SSRN. Here is the abstract: The debate about the constitutionality and wisdom of Congress...

Grady on Tort Liability for Irrational Persons

Posted on December 19, 2008
Mark F. Grady (University of California, Los Angeles - School of Law) has posted The Free Radicals of Tort (Supreme Court Economic Review, Vol. 11, pp. 189-218, 2004) on SSRN. Here is the abstract: Rational and irrational people are typically...

Listokin on Reversibility, Variance, and Policymaking

Posted on December 19, 2008
Yair Jason Listokin (Yale Law School) has posted Learning through Policy Variation (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: Rationalist analysis of policymaking, exemplified in cost-benefit analysis, ignores the variance in outcomes associated with policies and seeks...

Morgan on Canadian Literature Constitutional Law

Posted on December 18, 2008
Ed Morgan (University of Toronto - Faculty of Law) has posted Sunshine Cases of a Little Constitution on SSRN. Here is the abstract: This paper revisits some of Canada's early constitutional history, taking as a starting point the view that...

Mootz on Gadamer Critical Hermeneutics

Posted on December 18, 2008
Francis Joseph Mootz III (William S. Boyd School of Law, UNLV) has posted Gadamer's Rhetorical Conception of Hermeneutics as the Key to Developing a Critical Hermeneutics on SSRN. Here is the abstract: The rhetorical dimensions of Gadamer's philosophical hermeneutics have...

Previous | Next

Related Law Bulletins

Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07)
The following is the latest update from AILF regarding its pening ...

The Immigrant Legal Resource Center Legislative Forecast
The ILRC Forecast on Immigration ReformJudith Golub, Executive Dir...

The Christian Legal Society and "discrimation": Response to Susan
In response to Susan's post, I'm inclined to think that, yes, the ...

Stacy Scnheider Legal Commentator Apprentice

New Jersey Legal Update - Podcast # 57
This week's New Jersey Legal Update podcast will address federal l...