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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

Fellowship Announcement: Law & Social Science Dissertation Fellowships

Posted on December 02, 2008
The deadline for applications to the Law and Social Science Dissertation Fellowship and Mentoring Program (LSS Fellowship) has been extended to December 21, 2008. We would be grateful if you can forward this message to graduate students whom you believe...

Michaels on Securities Litigation after WorldCom

Posted on December 01, 2008
David I. Michaels (Delaware Court of Chancery and UCLA School of Law) has posted An Empirical Study of Securities Litigation after WorldCom (Rutgers Law Journal, Forthcoming) on SSRN. Here is the abstract: In this article I present the first empirical...

Leckey on Translation of Legal Concepts

Posted on December 01, 2008
Robert Leckey (McGill) has posted Filiation and the Translation of Legal Concepts (LEGAL ENGINEERING AND COMPARATIVE LAW VOLUME 2, Eleanor Cashin Ritaine et al., eds., Geneva: Schulthess, 2009) on SSRN. Here is the abstract: The paper argues for the use...

O'Brien on Local People's Congresses in China

Posted on December 01, 2008
Kevin J. O'Brien (University of California, Berkeley - Charles and Louise Travers Department of Political Science) has posted Local People's Congresses and Governing China on SSRN. Here is the abstract: The role that local people's congresses (LPCs) play in Chinese...

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Lipkin on Deliberative Conversationalism

Posted on December 01, 2008
Robert Justin Lipkin (Widener University School of Law) has posted The Obama Phenomenon: Deliberative Conversationalism & the Pursuit of Community Through Presidential Politics (Journal of Law and Social Change, Forthcoming) on SSRN. Here is the abstract: Does political theory have...

Freeman & Vermeule on Massachusetts v. EPA

Posted on December 01, 2008
Jody Freeman and Adrian Vermeule (Harvard University - Harvard Law School and Harvard University - Harvard Law School) have posted Massachusetts v. EPA: From Politics to Expertise on SSRN. Here is the abstract: In Massachusetts v. Environmental Protection Agency (2007),...

Moller on the Original Meaning of the Diversity Clause

Posted on December 01, 2008
Mark Moller (DePaul University - College of Law) has posted A New Look at the Original Meaning of the Diversity Clause on SSRN. Here is the abstract: The 2005 Class Action Fairness Act, which allows federal courts to exercise diversity...

Legal Theory Lexicon: Property Rules and Liability Rules

Posted on November 30, 2008
Introduction One of the most famous distinctions in contemporary legal theory was made popular by Guido Calabresi & A. Douglas Melamed s famous article, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral. The core idea is simple...

Legal Theory Bookworm

Posted on November 29, 2008
The Legal Theory Bookworm recommends Intellectual Property and Theories of Justice edited by by Axel Gosseries, Alain Strowel, & Alain Marciano. Here is a description: In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various...

Download of the Week

Posted on November 29, 2008
The Download of the Week is Twombly, Pleading Rules, and the Regulation of Court Access by Robert G. Bone. Here is the abstract: In Bell Atlantic Corp. v. Twombly, the Supreme Court reconsidered Conley v. Gibson's very liberal notice pleading...

Peretti on Judicial Selection & Polarization

Posted on November 28, 2008
Terri L. Peretti (Santa Clara University) has posted Constructing Courts in Polarized Times on SSRN. Here is the abstract: This review of current research on the consequences of polarization for judicial selection seeks to direct it and our attention to...

Zolt & Bird on Tax Policy in Emerging Nations

Posted on November 28, 2008
Eric M. Zolt and Richard M. Bird (UCLA School of Law and University of Toronto - Joseph L. Rotman School of Management) have posted Tax Policy in Emerging Countries (Environment and Planning C: Government and Policy, Vol. 26, pp. 73-86,...

Bone on Bell Atlantic Corp. v. Twombly

Posted on November 28, 2008
Robert G. Bone (Boston University School of Law) has posted Twombly, Pleading Rules, and the Regulation of Court Access (Iowa Law Review, Vol. 94, 2009) on SSRN. Here is the abstract: In Bell Atlantic Corp. v. Twombly, the Supreme Court...

Scafidi on Fashion as Information Technology

Posted on November 28, 2008
Susan Scafidi (Fordham Law School) has posted F.I.T.: Fashion as Information Technology (Syracuse Law Review, Vol. 59, p. 69, 2008) on SSRN. Here is the abstract:FIT: Fashion as Information Technology is one of a series of three short works on...

Affolder on the World Heritage Convention

Posted on November 28, 2008
Natasha Affolder (University of British Columbia - Faculty of Law) has posted Democratising or Demonising the World Heritage Convention? (Victoria University of Wellington Law Review, Vol. 38, No. 2, p. 341, 200) on SSRN. Here is the abstract: In recent...

Ginsburg on the Thai Constitution

Posted on November 28, 2008
Tom Ginsburg (University of Chicago Law School) has posted Constitutional Afterlife: The Continuing Impact of Thailand's Post-Political Constitution (International Journal of Constitutional Law, January 2009) on SSRN. Here is the abstract Thailand's constitution of 1997 introduced profound changes into the...

Giving Thanks

Posted on November 27, 2008
It is my custom to mark Thanksgiving on Legal Theory Blog by expressing appreciation and gratitude. This year, I would like to express my deep gratitude to my parents, Pamela Byard Solum and Clayton Lawrence Solum. Sadly, my father passed...

Stern on Generalized Greivances & Standing

Posted on November 26, 2008
Craig A. Stern (Regent University School of Law) has posted Another Sign from Hein: Does the Generalized Grievance Fail a Constitutional or a Prudential Test of Federal Standing to Sue? (Lewis & Clark Law Review, Vol. 12, No. 4, December...

Wu & Slater on Fiber Optic to the Home

Posted on November 26, 2008
Tim Wu and Derek Slater (Columbia University - Columbia Law School and Google, Inc.) have posted Homes with Tails on SSRN. Here is the abstract: America's communications infrastructure is stuck at a copper wall. For the vast majority of homes,...

Chesney on Preventive Detention & Terrorism

Posted on November 26, 2008
Robert Chesney (Wake Forest University - School of Law) has posted Terrorism, Criminal Prosecution, and the Preventive Detention Debate (South Texas Law Review, 2009) on SSRN. Here is the abstract: In the aftermath of the 2008 election, change is in....

LaNoue & Marcus on "Serious Consideration" of Race-Neutral Alternatives in Higher Education

Posted on November 26, 2008
George R. LaNoue and Kenneth L. Marcus (University of Maryland, Baltimore County and CUNY Baruch College School of Public Affairs) have posted 'Serious Consideration' of Race-Neutral Alternatives in Higher Education on SSRN. Here is the abstract: What does it mean...

Brown on Fairness in Executive Compensation

Posted on November 26, 2008
J. Robert Brown Jr. (University of Denver Sturm College of Law) has posted Returning Fairness to Executive Compensation on SSRN. Here is the abstract: The current waive of turmoil in the financial markets has cast attention on the problem of...

Klukowski on Incorporating the Second Amendment

Posted on November 26, 2008
Kenneth A. Klukowski has posted Citizen Gun Rights: Incorporating the Second Amendment Through the Privileges or Immunities Clause on SSRN. Here is the abstract: After District of Columbia v. Heller, the next question the Supreme Court must address regarding the...

Perez on Intutive Judgment & the Economic Approach to Environmental Regulation

Posted on November 25, 2008
Oren Perez (Bar-Ilan University - Faculty of Law) has posted Regulation as the Art of Intuitive Judgment: A Critique of the Economic Approach to Environmental Regulation (International Journal of Law in Context, 2009, Bar Ilan Univ. Pub Law Working Paper)...

Lazarus on Jacob Zuma v National Director of Public Prosecution

Posted on November 25, 2008
Liora Lazarus (University of Oxford - Faculty of Law) has posted The President, the Prosecutor and the Secular Priest: Corruption, politics and the courts - Jacob Zuma v National Director of Public Prosecution on SSRN. Here is the abstract: Like...

Nenova on the WTO & Culture

Posted on November 25, 2008
Mira Burri Nenova (World Trade Institute, University of Bern) has posted Trade and Culture: Making the WTO Legal Framework Conducive to Cultural Considerations (Manchester Journal of International Economic Law, Vol. 5, No. 3, 2008) on SSRN. Here is the abstract:...

Linder on the Trial of Leo Frank

Posted on November 25, 2008
Douglas Linder (University of Missouri at Kansas City - School of Law) has posted The Trial of Leo Frank: An Account on SSRN. Here is the abstract: The discovery of the body of a thirteen-year-old girl in the basement of...

Vandenbergh & Cohen on Climate Change & Happinesss

Posted on November 25, 2008
Michael P. Vandenbergh and Mark A. Cohen (Vanderbilt University - School of Law and Vanderbilt University - Owen Graduate School of Management) have posted Consumption, Happiness and Climate Change (Environmental Law Reporter, Vol. 38, December 2008) on SSRN...

Davidoff & Zaring on the Response to the Financial Crisis

Posted on November 25, 2008
Steven M. Davidoff and David T. Zaring have posted Big Deal: The Government's Response to the Financial Crisis on SSRN. Here is the abstract: How should we understand the federal government's response to the financial crisis? The government's team, largely...

Kaplow on Taxing Leisure Compliments

Posted on November 24, 2008
Louis Kaplow (Harvard University - Harvard Law School) has posted has posted Taxing Leisure Complements on SSRN. Here is the abstract: Ever since Corlett and Hague (1953), it has been understood that it tends to be optimal on second-best grounds...

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