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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

Ku on Medellin & International Delegations

Posted on November 05, 2008
Julian Ku (Hofstra University - School of Law) has posted Medellin's Clear Statement Rule: A Solution for International Delegations (Fordham Law Review, Vol. 77, November 2008) on SSRN. Here is the abstract: The U.S. Supreme Court's 2008 decision in Medellin...

Jones on the Origins of Diversity Jurisdictions

Posted on November 05, 2008
Robert L. Jones (Northern Illinois University) has posted Finishing a Friendly Argument: The Jury and the Historical Origins of Diversity Jurisdiction (New York University Law Review, Vol. 82, No. 4, 2007) on SSRN. Here is the abstract: This Article argues...

Megret on Non-Lethal Weapons & the Laws of War

Posted on November 05, 2008
Frederic Megret (McGill University - Faculty of Law) has posted Non-Lethal Weapons and the Possibility of Radical New Horizons for the Laws of War: Why Kill, Wound and Hurt (Combatants) at All? on SSRN. Here is the abstract: It is...

Stabile on Catholic & Secular Feminist Legal Thought

Posted on November 04, 2008
Susan J. Stabile (University of St. Thomas - School of Law (Minnesota)) has posted The Challenges of Opening a Dialogue between Catholic and Secular Feminist Legal Theorists on SSRN. Here is the abstract: Catholic Feminist Legal Theory has much to...

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Bigler & Tillman on Defects in Stock Issuances

Posted on November 04, 2008
C. Stephen Bigler (Richards, Layton & Finger) & Seth Barrett Tillman (United States District Court, PA) have posted Void or Voidable? - Curing Defects in Stock Issuances Under Delaware Law on SSRN. Here is the abstract: It is not unusual...

Online Symposium Announcement: The Environmental Agenda for the Next Administration at Michigan's First Impressions

Posted on November 04, 2008
The University of Michigan Law Review's First Impressions has a symposium entitled The Environmental Agenda for the Next Administration. Here is a description: The new President in 2009 will follow an administration which has not been seen as proactive in...

Program Announcement: Center for the Study of Constitutional Originalism at San Diego

Posted on November 04, 2008
The University of San Diego's Center for the Study of Constitutional Originalism has an interesting series of programs in the works. First up, is a lecture by Kurt Lash, "Leaving the Chisholm Trail: The Eleventh Amendment and the Background Principle...

Mitchell the Role of External Equity in Corporate Finance

Posted on November 04, 2008
Lawrence E. Mitchell (George Washington University - Law School) has posted Who Needs the Stock Market? Part I: the Empirical Evidence on SSRN. Here is the abstract: Data on historical and current corporate finance trends drawn from a variety of...

Choi on Lead Plaintiffs in Securities Class Actions

Posted on November 04, 2008
Stephen J. Choi (New York University - School of Law) has posted Motions for Lead Plaintiff in Securities Class Actions on SSRN. Here is the abstract: Using a dataset of securities class actions filed from 2003 to 2005, this paper...

Biber on Delayed Harm & Environmental Law & Policy

Posted on November 04, 2008
Eric Biber (University of California, Berkeley - School of Law) has posted The Sting of the Long Tail: Climate Change, Backlash and the Problem of Delayed Harm on SSRN. Here is the abstract: Climate change is an example of a...

van Aaken on Market Mechanisms for Effectuating Private International Law (with a comment by Zumbansen)

Posted on November 04, 2008
Anne van Aaken (University of St. Gallen - Law Department) has posted Effectuating Public International Law Through Market Mechanisms? on SSRN. Here is the abstract: Traditionally, the enforcement of Public International Law (PIL) was a task of states: the addressees...

Brooks on International Tax Equity

Posted on November 03, 2008
Kim Brooks (McGill University - Faculty of Law) has posted Inter-Nation Equity: The Development of an Important But Underappreciated International Tax Value (TAX REFORM IN THE 21ST CENTURY, Richard Krever , John G. Head, eds., Kluwer Law International, Forthcoming) on...

Tsai on a First Amendment Culture

Posted on November 03, 2008
Robert L. Tsai (American University - Washington College of Law) has posted Eloquence and Reason: Creating a First Amendment Culture (ELOQUENCE AND REASON: CREATING A FIRST AMENDMENT CULTURE, Yale Univ. Press, 2008) on SSRN. Here is the abstract: This book...

Resnick on Foreign Affairs Preemption

Posted on November 03, 2008
Judith Resnik (Yale University - Law School) has posted Foreign as Domestic Affairs: Rethinking Horizontal Federalism and Foreign Affairs Preemption in Light of Translocal Internationalism (Emory Law Journal, Vol 57, p. 31, 2007) on SSRN. Here is the abstract: What...

Tillman on Calabresi on the Incompatability Clause

Posted on November 03, 2008
Seth Barrett Tillman (United States District Court, PA) has posted An 'Utterly Implausible' Interpretation of the Constitution: A Reply to Professor Steven G. Calabresi (University of Pennsylvania Law Review PENNumbra, Vol. 157, No. 6, 2008) on SSRN. Here is the...

Delacroix on Hart on Williams on Metaethics

Posted on November 03, 2008
Sylvie Delacroix (University College London - Faculty of Laws) has posted Ethical Objectivity Without the Trappings: A Pragmatist Answer to Hart's Agnosticism on SSRN. Here is the abstract: In his review of Williams' Ethics and the limits of philosophy, Hart...

Sloan on Nonprecedential Opinions in the Federal Appellate Courts

Posted on November 03, 2008
Amy E. Sloan (University of Baltimore School of Law) has posted If You Can't Beat 'Em, Join 'Em: A Pragmatic Approach to Nonprecedential Opinions in the Federal Appellate Courts (Nebraska Law Review, Vol. 86, No. 4, pp. 895-954, 2008) on...

Conference Announcement: Persons by Convention at Sydney

Posted on November 03, 2008
PERSONS BY CONVENTION The University of Sydney, December 16-18 2008. http://web.mac.com/slezak/Persons_by_Convention/Home.html Some things in world are perfectly real, but not perhaps instances of natural kinds. Corporations, nations, swimming pools are all rightly so called because of sets of conventional practices...

Legal Theory Lexicon: Libertarian Legal Theory

Posted on November 02, 2008
Introduction The dominant approaches to normative legal theory in the American legal academy converge on fairly robust role for the state and government subject to the constraints imposed by an equally robust set of individual rights. Normative legal theorists of...

Legal Theory Bookworm

Posted on November 01, 2008
The Legal Theory Bookworm recommends A Modern Legal Ethics: Adversary Advocacy in a Democratic Age by Daniel Markovits. Here is a description: A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally...

Download of the Week

Posted on November 01, 2008
The Download of the Week is What Is Judicial Ideology, and How Should We Measure it? by Joshua B. Fischman & David S. Law. Here is the abstract: Scholars have for decades sought to measure judicial ideology and its impact...

Dodek on Canadian Originalism

Posted on October 31, 2008
Adam M. Dodek (University of Ottawa - Faculty of Law) has posted The Dutiful Conscript: An Originalist View of Justice Wilson's Conception of Charter Rights and Their Limits (Supreme Court Law Review, No. 2, p. 331, 2008) on SSRN. Here...

Leiter on Foucault

Posted on October 31, 2008
Brian Leiter (University of Chicago Law School) has posted The Epistemic Status of the Human Sciences: Critical Reflections on Foucault on SSRN. Here is the abstract: Any reader of Foucault's corpus recognizes fairly quickly that it is animated by an...

Blitz on Virtual Free Speech

Posted on October 31, 2008
Marc Jonathan Blitz (Oklahoma City University) has posted The Freedom of 3D Thought: The First Amendment in Virtual Reality (Cardozo Law Review, Vol. 30, No. 3) on SSRN. Here is the abstract: Unlike the virtual worlds of the present, which...

The Economics of Reciprocal Linking!!!

Posted on October 31, 2008
Alexia Gaudeul , Laurence Mathieu and Chiara Peroni (University of East Anglia - School of Economics , University of East Anglia - Centre for Competition Policy and University of East Anglia) have posted Blogs and the Economics of Reciprocal Attention...

Landau opn Anti-Bootlegging (Copyright) Statutes & the Commerce Clause

Posted on October 31, 2008
Michael B. Landau (Georgia State University - College of Law) has posted What If the Anti-Bootlegging Statutes are Upheld Under the Commerce Clause? (Michigan State Law Review, 2008) on SSRN. Here is the abstract: The United States has altered its...

Saul on Motive & the Definition of Terrorism

Posted on October 31, 2008
Ben Saul (University of Sydney - Faculty of Law) has posted The Curious Element of Motive in Definitions of Terrorism: Essential Ingredient - Or Criminalising Thought? (LAW AND LIBERTY IN THE WAR ON TERROR, A. Lynch, E. MacDonald, & G....

Harbach on Federal Question & the Family

Posted on October 30, 2008
Meredith Johnson Harbach (New York University) has posted Is the Family a Federal Question? (Washington & Lee Law Review, Vol. 66, March 2009) on SSRN. Here is the abstract: There has long been conflict over the relationship between the states...

Litton on Non-Beneficial Pediatric Research

Posted on October 30, 2008
Paul Litton (University of Missouri School of Law) has posted Non-Beneficial Pediatric Research and the Best Interests Standard: A Legal and Ethical Reconciliation on SSRN. Here is the abstract: Federal efforts beginning in the 1990's have successfully increased pediatric research...

Ross on Early Massachusetts & Legal Pluralism

Posted on October 30, 2008
Richard J. Ross (University of Illinois College of Law) has posted Puritan Godly Discipline in Comparative Perspective: Legal Pluralism and the Sources of 'Intensity' (American Historical Review, Vol. 113, pp. 975-1002, 2008) on SSRN. Here is the abstract: Early Massachusetts...

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