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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

Amegashie on an Economic Analysis of Discrimination

Posted on December 18, 2008
J. Atsu Amegashie (University of Guelph - Department of Economics) has posted A Positive Theory of Immutable Characteristics and Discrimination on SSRN. Here is the abstract: History is replete with overt discrimination on the basis of race, gender, age, income,...

Craig on Winter v. NRDC

Posted on December 18, 2008
Robin Kundis Craig (Florida State University - College of Law) has posted The Military and the Environment in the United States: Exemptions, Injunctions, and Winter v. Natural Resources Defense Council on SSRN. Here is the abstract:This short piece reviews the...

Pogge on Global Justice

Posted on December 18, 2008
Thomas Pogge (Columbia University - Graduate School of Arts and Sciences) has posted What is Global Justice? (Revista de Economía Institucional, Vol. 10, No. 19, Second Semester 2008) on SSRN. Here is the abstract: The increasingly widespread expression global justice...

Vladeck on the Espionage Act after Garcetti

Posted on December 18, 2008
Stephen I. Vladeck (American University Washington College of Law) has posted The Espionage Act and National Security Whistleblowing after Garcetti (American University Law Review, Vol. 57, p. 1531, 2008) on SSRN. Here is the abstract: Should government employees ever have...

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Lacey on the Hart-Fuller Debate

Posted on December 17, 2008
Nicola Lacey (London School of Economics - Law Department) has posted Out of the 'Witches' Cauldron'?: Reinterpreting the Context and Re-Assessing the Significance of the Hart-Fuller Debate on SSRN. Here is the abstract: Just over half a century ago, Harvard...

Chiao on Moore on Criminal Responsibility

Posted on December 17, 2008
Vincent Chiao (Harvard Law School) has posted Action and Agency in the Criminal Law on SSRN. Here is the abstract: This paper offers a critical reconsideration of the traditional doctrine that criminal responsibility requires a voluntary act. I defend three...

Noah on Product Stewardship

Posted on December 17, 2008
Lars Noah (University of Florida - Fredric G. Levin College of Law) has posted Platitudes about 'Product Stewardship' in Torts: Continuing Drug Research and Education (Michigan Telecommunications and Technology Law Review, Vol. 15, 2009) on SSRN. Here is the abstract:...

Dickinson on Credit Default Swaps

Posted on December 17, 2008
Eric Dickinson (Fordham University - School of Law) has posted Credit Default Swaps: So Dear to Us, So Dangerous on SSRN. Here is the abstract: Credit-default swaps (CDS) are a valuable financial tool that has created system-wide benefits. At the...

Vladeck on McNeal on Military Commissions

Posted on December 17, 2008
Stephen I. Vladeck (American University Washington College of Law) has posted On Jurisdictional Elephants and Kangaroo Courts (Northwestern University Law Review Colloquy, Vol. 103, p. 172, 2008) on SSRN. Here is the abstract: In Beyond Guantanamo: Obstacles and Options, Professor...

Costantini on Equity Politics

Posted on December 17, 2008
Cristina Costantini (University of Bergamo) has posted Equity's Different Talks on SSRN. Here is the abstract: This paper investigates the fundamental ambiguity that lays at the roots of Equity - both as a word and as a set of ideas...

Merges on IP & Technological Platforms

Posted on December 16, 2008
Robert P. Merges (University of California, Berkeley - School of Law) has posted IP Rights and Technological Platforms on SSRN. Here is the abstract: This paper is about intellectual property rights (IPRs) and platform technologies. After a brief introduction explaining...

Mootz on Ricoeur & Critical Theory

Posted on December 16, 2008
Francis Joseph Mootz III (William S. Boyd School of Law, UNLV) has posted Ricoeur's Critical Hermeneutics and the Psychotherapeutic Model of Critical Theory on SSRN. Here is the abstract:This paper was presented at an international conference entitled, "After Ricoeur: An...

Roumanias on Auctioning Public Office

Posted on December 16, 2008
Costas Roumanias (University of Macedonia-Department of Economics) has posted Auctioning Public Office on SSRN. Here is the abstract: A microfoundation for modeling political competition as an auction is given in a framework that treats campaign spending and promises as integral...

Pulver on Obesity & Disability Rights

Posted on December 16, 2008
Adam R. Pulver (Columbia University - Columbia Law School) has posted An Imperfect Fit: Obesity, Public Health, and Disability Anti-Discrimination Law on SSRN. Here is the abstract: Over the past several years, "obesity activists," as well as many disability rights...

Hayek on the Unenumerated Fundamental Right to Marry

Posted on December 16, 2008
Benjamin P. Hayek (University of Iowa) has posted Marriage, Procreation, and Incarceration: A Defense of Common Sense, Federalism, and the Constitution on SSRN. Here is the abstract: The purpose of this essay is to examine the neglected legal history underlying...

Scott & Steinberg on Juvenile Justice

Posted on December 16, 2008
Elizabeth S. Scott and Laurence Steinberg (Columbia University - Columbia Law School) have posted Rethinking Juvenile Justice (Harvard University Press, 2008) on SSRN. Here is the abstract: Legal reforms over the past generation have transformed juvenile crime regulation from a...

Heller on the Rome Statute in Comparative Perspective

Posted on December 15, 2008
Kevin Jon Heller has posted The Rome Statute in Comparative Perspective (THE STANFORD HANDBOOK OF COMPARATIVE CRIMINAL LAW, Kevin Jon Heller, Markus Dirk Dubber, eds., 2009) on SSRN. Here is the abstract: The Rome Statute of the International Criminal Court...

Leiter on Moral Skepticism

Posted on December 15, 2008
Brian Leiter (University of Chicago Law School) has posted Moral Skepticism and Moral Disagreement in Nietzsche on SSRN. Here is the abstract: This essay offers a new interpretation of Nietzsche's argument for moral skepticism (i.e., the metaphysical thesis that there...

Pettit on Legitimate International Institutions

Posted on December 15, 2008
Philip N. Pettit (Princeton University - Department of Politics) has posted Legitimate International Institutions: A Neorepublican Perspective (THE PHILOSOPHY OF INTERNATIONAL LAW, John Tasioulas and Samantha Besson, eds., Oxford University Press, Forthcoming) on SSRN...

Thomas on Democracy, Distribution, and Development

Posted on December 15, 2008
Chantal Thomas (Cornell Law School) has posted Democratic Governance, Distributive Justice and Development (DISTRIBUTIVE JUSTICE AND INTERNATIONAL ECONOMIC LAW, Chi Carmody, Frank Garcia, John Linarelli, eds., Cambridge University Press, 2009) on SSRN...

Vladeck on Wuerth on Originalism & Foreign Affairs

Posted on December 15, 2008
Stephen I. Vladeck (American University Washington College of Law) has posted Foreign Affairs Originalism in Youngstown's Shadow (St. Louis University Law Journal, Vol. 53, 2008) on SSRN. Here is the abstract: In An Originalism for Foreign Affairs?, Professor Ingrid Wuerth...

Rosenthal on Eskridge on Same-Sex Marriage

Posted on December 15, 2008
Lawrence Rosenthal (Chapman University - School of Law) has posted The Chapman Dialogues: Same Sex Marriage - Response to Professor Eskridge (Chapman Law Review, Forthcoming) on SSRN. Here is the abstract: This essay, a revision of remarks originally delivered as...

Legal Theory Lexicon: Standards of Review

Posted on December 14, 2008
Introduction Law students begin to encounter the concept of a "standard of review" earlier in the first year. That's not surprising. First-year law students read appellate cases, and every appellate decision explicitly or implicitly includes a standard of appellate review--a...

Legal Theory Bookworm

Posted on December 13, 2008
The Legal Theory Bookworm recommends The Constitution of Agency by Christine M. Korsgaard. Here is a description: Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral...

Download of the Week

Posted on December 13, 2008
The Download of the Week is What is the Rule of Recognition (and Does it Exist)? by Scott J. Shapiro. Here is the abstract: One of the principal lessons of The Concept of Law is that legal systems are not...

Conference Announcement: Environmental Jusitce at Oxford

Posted on December 12, 2008
8th Global Conference Environmental Justice and Global Citizenship Friday 10th July - Sunday 12th July 2009 Mansfield College, Oxford Call for Papers Environmental Ethics, Sustainability and Education This inter-disciplinary and multi-disciplinary conference aims to explore the role of ecology and...

Pettys on a Written Constitution

Posted on December 12, 2008
Todd E. Pettys (University of Iowa - College of Law) has posted The Myth of the Written Constitution (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: Many Americans have long subscribed to what this Article calls the...

Costantini on Equity

Posted on December 12, 2008
Cristina Costantini (University of Bergamo) has posted Equity Breaking Out: Politics as Justice (POLEMOS, Vol. 1, 2008) on SSRN. Here is the abstract: This paper is a critical attempt to justify the history of Equity Jurisdiction. The aim is to...

Estreicher on Employer Reputation

Posted on December 12, 2008
Samuel Estreicher (New York University Law School) has posted Employer Reputation at Work on SSRN. Here is the abstract: Employer reputational costs - that is, the loss in value of the firm's reputational assets if the firm reneges on its...

Ackerly & Vandenbergh on Climate Change Justice

Posted on December 12, 2008
Brooke A. Ackerly and Michael P. Vandenbergh (Vanderbilt University and Vanderbilt University - School of Law) have posted Climate Change Justice: The Challenge for Global Governance (Georgetown International Environmental Law Review (GIELR), Vol. 20, p...

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