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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

Thornton on Australian Gender Discrimination Litigation

Posted on December 12, 2008
Margaret Thornton (Australian National University - ANU College of Law) has posted Sex Discrimination, Courts and Corporate Power on SSRN. Here is the abstract: It is notable that in more than thirty years of anti-discrimination legislation in Australia, the High...

Bibas on Rewarding Prosecutors for Performance

Posted on December 12, 2008
Stephanos Bibas (University of Pennsylvania Law School) has posted Rewarding Prosecutors for Performance (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: Prosecutorial discretion is a problem that most scholars attack from the outside...

Pettit on Law & Liberty

Posted on December 11, 2008
Philip N. Pettit (Princeton University - Department of Politics) has posted Law and Liberty (LAW AND REPUBLICANISM, Samantha Besson and Jose Luis Marti, eds., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: The consensus since Bentham has been...

Baker on Insurance & the Tort-Crime Boundary

Posted on December 11, 2008
Tom Baker (University of Pennsylvania Law School) has posted Liability Insurance at the Tort-Crime Boundary on SSRN. Here is the abstract: This essay explores how liability insurance mediates the boundary between torts and crime. Liability insurance sometimes separates these two...

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Zumbansen on Transitional Justice

Posted on December 11, 2008
Peer Zumbansen (York University - Osgoode Hall Law School) has posted Transitional Justice in a Transnational World: The Ambiguous Role of Law on SSRN. Here is the abstract: In situations of military, political or economic transition, the reassessment of the...

Cernic on Saadi v. Italy

Posted on December 11, 2008
Jernej Letnar Cernic (University of Aberdeen - School of Law) has posted National Security and Expulsion to a Risk of Torture (Edinburgh Law Review, Vol. 12, No. 3, pp. 486-490, September 2008) on SSRN. Here is the abstract: In Saadi...

Tanguay-Renaud on "Public" Emergencies

Posted on December 11, 2008
Fran�ois Tanguay-Renaud (York University - Osgoode Hall Law School) has posted Making Sense of 'Public' Emergencies on SSRN. Here is the abstract: This is the penultimate draft of a paper that will appear, in a revised form, in Philosophy of...

Thomas on Weber, Law, and Development

Posted on December 11, 2008
Chantal Thomas (Cornell Law School) has posted Re-Reading Weber in Law and Development: A Critical Intellectual History of 'Good Governance' Reform on SSRN. Here is the abstract: The "Weberianism" of the modern age derives from the influence of three theoretical...

Rothstein on Swift & Slobogin on Excluding Evidence of State of Mind

Posted on December 11, 2008
Paul F. Rothstein (Georgetown University - Law Center) has posted Comments on Swift and Slobogin: Mental State Evidence (Seton Hall Law Review, Vol. 38, 2008) on SSRN. Here is the abstract: Excellent, thought-provoking articles have the capacity to inspire readers...

Barnett on Constitutional Assumptions

Posted on December 10, 2008
Randy E. Barnett (Georgetown University Law Center) has posted The Misconceived Assumption About Constitutional Assumptions on SSRN. Here is the abstract: Both originalists and nonoriginalists alike often assume that background assumptions widely held when the Constitution or its amendments were...

Shin on Diversity & Colorblindness

Posted on December 10, 2008
Patrick Shin (Suffolk University Law School) has posted Diversity v. Colorblindness on SSRN. Here is the abstract: There seems to be broad social consensus that racial diversity is generally a good thing. Disagreements tend to focus on the constraints we...

Goodenough on Emotions, Law, and Mechanism Design

Posted on December 10, 2008
Oliver R. Goodenough (Vermont Law School) has posted Institutions, Emotions and Law: A Goldilocks Problem for Mechanism Design on SSRN. Here is the abstract: This essay lays out a framework for thinking about institutions, emotions, and law. It combines work...

Del Mar on Discourse & Tradition and the History of Jurisprudence

Posted on December 10, 2008
Maksymilian T. Del Mar (University of Edinburgh) has posted Clio Unbound: Theories of Law between Discourse and Tradition on SSRN. Here is the abstract: This paper argues against two extreme attitudes to the history of a discipline: on the one...

Hockett on Global Institutions & Social Movements

Posted on December 10, 2008
Robert C. Hockett (Cornell University - School of Law) has posted Institutional Fixes Versus Fixed Institutions on SSRN. Here is the abstract: A number of philosophers, policy thinkers and activists have despaired over the prospect that global institutions can bring...

Sciullo on the Myth of Atlantis

Posted on December 10, 2008
Nick J. Sciullo has posted Atlantean Prose and the Search for Democracy (The Crit: A Critical Legal Studies Journal, Vol. 2, 2009) on SSRN. Here is the abstract: Atlantis, the Lost City, has been a focal point of folklore, archeological...

Lipkin on Judicial Supremacy & Judicial Review

Posted on December 09, 2008
Robert Justin Lipkin (Widener University School of Law) has posted What's Wrong with Judicial Supremacy? What's Right About Judicial Review? (Widener Law Review, Vol. 14, No. 1, 2008) on SSRN. Here is the abstract: Skepticism concerning the legitimacy of judicial...

Sammons on Justice as Literary Play

Posted on December 09, 2008
Jack Lee Sammons (Mercer University School of Law) has posted Justice as Play on SSRN. Here is the abstract:I am interested here in using Johannes Huizinga's work on play to explore a strange, yet civilizing, phenomenon. Why do we take...

Blagojevich Complaint & Press Release

Posted on December 09, 2008
Here is the substance of Blagojevich complaint: Count One From in or about 2002 to the present, in Cook County, in the Northern District of Illinois, defendants did, conspire with each other and with others to devise and participate in...

Waldron on Basic Equality

Posted on December 09, 2008
Jeremy Waldron (New York University - School of Law) has posted Basic Equality on SSRN. Here is the abstract: This is a three-part study and defense of the idea of basic human equality. (This is the idea that humans are...

Rush on Sexual Orientation & the Intersection of Equal Protection & Due Process

Posted on December 09, 2008
Sharon Elizabeth Rush (University of Florida - Fredric G. Levin College of Law) has posted Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process and Equal Protection Intersect (William & Mary Bill of Rights Journal, Vol. 16, p...

Adler on Chemerinsky on the Roberts Court

Posted on December 09, 2008
Jonathan H. Adler (Case Western Reserve University - School of Law) has posted Getting the Roberts Court Right: A Response to Chemerinsky (Wayne Law Review, Forthcoming) on SSRN. Here is the abstract: In "The Roberts Court at Age Three," Dean...

Staton & Moore on Realism in International Politics

Posted on December 09, 2008
Jeffrey K. Staton and Will H. Moore (Department of Political Science - Emory University and Florida State University - Department of Political Science) have posted The Last Pillar to Fall? Domestic and International Legal Institutions on SSRN. Here is the...

O'Hara & Ribstein on the Law Market

Posted on December 08, 2008
Larry Ribstein & Erin O'Hara have posted Chapter 1 of their bookm The Law Market, on SSRN. Here's the abstract: In their book, The Law Market, Erin O'Hara and Larry Ribstein show that states increasingly act as hawkers of legal...

Hockett on Waiver of Attorney-Client Privilege in Corporate Litigation

Posted on December 08, 2008
Robert C. Hockett (Cornell University - School of Law) has posted Valuing the Waiver: The Real Beauty of Ex Ante Over Ex Post on SSRN. Here is the abstract: Irony abounds in connection with demands and proposals made, in the...

More on "It takes a theory . . . "

Posted on December 08, 2008
Paul Gowder reacts to yesterday's Legal Theory Lexicon post on "It takes a theory to beat a theory." Here is a taste: Now let?s talk about what it means to ?beat? a theory. There seem to be four possible things...

Shapiro on the Rule of Recognition

Posted on December 08, 2008
Scott J. Shapiro (Yale University - Law School) has posted What is the Rule of Recognition (and Does it Exist)? (THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION, Matthew Adler, Kenneth Himma, eds., Oxford University Press, 2009) on SSRN. Here...

Goldberg on Solomon on Civil Recourse & Torts

Posted on December 08, 2008
John C.P. Goldberg (Harvard Law School) has posted Wrongs Without Recourse: A Comment on Jason Solomon's Judging Plaintiffs (Vanderbilt Law Review, Vol. 61, No. 9, 2008) on SSRN. Here is the abstract: Jason Solomon's very interesting article Judging Plaintiffs argues...

Perez on Information Overload & Online Deliberation

Posted on December 08, 2008
Oren Perez (Bar-Ilan University - Faculty of Law) has posted Complexity, Information Overload and Online Deliberation (A Journal of Law and Policy for the Information Society, 2009) on SSRN. Here is the abstract: This article explores the influence of information...

Litton on Psychopaths & Responsibility

Posted on December 08, 2008
Paul Litton (University of Missouri School of Law) has posted Responsibility Status of the Psychopath: On Moral Reasoning and Rational Self-Governance (Rutgers Law Journal, Vol. 39, No. 349, 2008) on SSRN. Here is the abstract: Responsibility theorists frequently discuss psychopathy...

Conference Announcement: Empirical Legal Studies at Berkeley

Posted on December 08, 2008
BUILDING THEORY THROUGH EMPIRICAL LEGAL STUDIES Center for the Study of Law and Society University of California, Berkeley Friday, April 24, 2009 Empirical Legal Studies is often associated with sophisticated quantitative work and less often associated with theory...

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