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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

Mootz on Perelman, Rhetoric, and Legal Education

Posted on October 30, 2008
Francis Joseph Mootz III (William S. Boyd School of Law, UNLV) has posted Perelman in Legal Education: Recalling the Rhetorical Tradition of Isocrates and Vico on SSRN. Here is the abstract: his paper was presented on October 14, 2008 as...

LeRoy on Judicial Review of Arbitration

Posted on October 30, 2008
Michael H. LeRoy (University of Illinois College of Law) has posted Crowning the New King: The Statutory Arbitrator and the Demise of Judicial Review (Journal of Dispute Resolution, Vol. 29, No. 3, Spring 2009) on SSRN. Here is the abstract:...

Walker on Emmett Till

Posted on October 30, 2008
Anders Walker (Saint Louis University School of Law) has posted The Violent Bear it Away: Emmett Till & the Modernization of Law Enforcement in Mississippi (San Diego Law Review, Forthcoming) on SSRN. Here is the abstract:Few racially motivated crimes have...

Jaffe on Textualism

Posted on October 29, 2008
Peter Jaffe (Georgetown Journal of Law & Public Policy) has posted Varieties of Textualism: Unit of Analysis and Idiom in the Interpretation of 18 U.S.C. Sec. 924(C) (Georgetown Journal of Law & Public Policy, Vol. 7, No. 1, 2008) on...

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Crowe on Manderson on Levina & Legal Theory

Posted on October 29, 2008
Jonathan Crowe (The University of Queensland - T.C. Beirne School of Law) has posted Self and Other in Ethics and Law: A Comment on Manderson (Australian Journal of Legal Philosophy, Vol. 33, pp. 145-151, 2008) on SSRN. Here is the...

Macklem on Recognition of Indigenous Peoples

Posted on October 29, 2008
Patrick Macklem (University of Toronto - Faculty of Law) has posted Indigenous Recognition in International Law: Theoretical Observations (Michigan International Law Journal, Vol. 30, No. 1, 2008) on SSRN. Here is the abstract: Drawing on a classic essay by Hans...

Thomas on Women's Legal History

Posted on October 29, 2008
Tracy A. Thomas (University of Akron School of Law) has posted The New Face of Women's Legal History: Introduction to the Symposium (Akron Law Review, Vol. 41, p. 695, 2008) on SSRN. Here is the abstract: Women's legal history is...

Mitchell on Self-Correction & Cognition

Posted on October 29, 2008
Gregory Mitchell (University of Virginia School of Law) has posted Second Thoughts (McGeorge Law Review, Forthcoming) on SSRN. Here is the abstract: Biases in judgment and decision-making often arise at the level of first-order thoughts. If these initial thoughts are...

Loveless on Natural Law

Posted on October 29, 2008
A. Scott Loveless (Brigham Young University - J. Reuben Clark Law School) has posted The Forgotten Founding Document on SSRN. Here is the abstract: On the difficult moral issues confronting the judiciary today, a long overlooked bit of guidance is...

Raz on Distributional Equality

Posted on October 28, 2008
Joseph Raz (University of Oxford - Faculty of Law) has posted On the Value of Distributional Equality on SSRN. Here is the abstract: The paper returns to the question whether equality in distribution is valuable in itself, or, if you...

Miller on Strong Judicial Discretion

Posted on October 28, 2008
Eric J. Miller (Saint Louis University - School of Law) has posted Judicial Preference (Houston Law Review, Vol. 44, 2008) on SSRN. Here is the abstract: In this paper I claim that, where the judge possesses strong discretion, she has...

Peters on Under-the-Table Overruling

Posted on October 28, 2008
Christopher J. Peters (Wayne State University Law School) has posted Under-the-Table Overruling (Wayne Law Review, Forthcoming) on SSRN. Here is the abstract: n this contribution to a Wayne Law Review symposium on the first three years of the Roberts Court,...

M�ller on Autonomy & Constitutional Rights

Posted on October 28, 2008
Kai M�ller (University of Oxford - Faculty of Law) has posted Two Conceptions of Positive Liberty: Towards an Autonomy-Based Theory of Constitutional Rights on SSRN. Here is the abstract: In the jurisprudence of constitutional courts around the world, there is...

Kim on Self Defense

Posted on October 28, 2008
Janine Young Kim (Marquette University Law School) posted The Rhetoric of Self-Defense (Berkeley Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: he rhetoric of self-defense is a powerful instrument in the hands of legal actors to shape...

Farah on Confucianism & the Chinese Legal System

Posted on October 28, 2008
Paolo Farah (University of Milan - Istituto di Diritto Internazionale) has The Influence of Confucianism on the Construction of the Chinese Political and Juridical System (IDENTITA EUROPEA E POLITICHE MIGRATORIE, Giovanni Bombelli and Bruno Montanari, eds...

Book Announcement: Judgment Calls in Constitutonal Law by Sherry & Farber

Posted on October 28, 2008
Suzanna Sherry and Daniel A. Farber (Vanderbilt University Law School and University of California, Berkeley - School of Law) have posted Judgment Calls: Principle and Politics in Constitutional Law (JUDGMENT CALLS: PRINCIPLE AND POLITICS IN CONSTITUTIONAL LAW, Oxford University Press,...

Fischman & Law on Judicial Ideology

Posted on October 27, 2008
Joshua B. Fischman (University of Virginia School of Law) & David S. Law (Washington University, St. Louis - School of Law; Washington University, St. Louis - Department of Political Science) have posted What Is Judicial Ideology, and How Should We...

Issacharoff on the three Civil Procedure Cases from Last Term

Posted on October 27, 2008
Samuel Issacharoff (New York University School of Law) has posted Private Claims, Aggregate Rights (Supreme Court Review, Vol. 2008) on SSRN. Here is the abstract: In an odd set of procedure opinions last Term, the Supreme Court found itself confronted...

Hadfield on Barriers to Innovation in the Legal Service Market

Posted on October 27, 2008
Gillian Hadfield (University of Southern California Law School) has posted Legal Barriers to Innovation (Regulation, Vol. 31, No. 3, Fall 2008) on SSRN. Here is the abstract: The American Bar Association and its state-level brethren control and regulate the legal...

O'Brien on the Group-Identity Function of Criminal Law

Posted on October 27, 2008
Molly T. O'Brien (Australian National University) has posted Exploring the Group-Identity Function of Criminal Law on SSRN. Here is the abstract: In every country where the question has been studied, incarceration rates for members of some minority groups greatly exceed...

Leiter on Naturalizing Jurisprudence

Posted on October 27, 2008
Brian Leiter (University of Chicago Law School) has posted Naturalizing Jurisprudence: Three Approaches (J. Shook & P. Kurtz (eds.), THE FUTURE OF NATURALISM (Amherst, NY: Prometheus Books, 2009)). Here is the abstract: General jurisprudence-that branch of legal philosophy concerned with...

Poole on Constitutional Exceptionalism & the Common Law

Posted on October 27, 2008
Thomas M. Poole (London School of Economics & Political Science) has posted Constitutional Exceptionalism and the Common Law on SSRN. Here is the abstract: This paper examines the notion of exceptionalism, currently pervasive within constitutional discourse...

Legal Theory Lexicon: The Countermajoritarian Difficulty

Posted on October 26, 2008
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. The phrase is attributed to Alexander Bickel?a Yale Law School Professor?who is said to have introduced it in his famous book The Least Dangerous Branch...

Legal Theory Bookworm

Posted on October 25, 2008
The Legal Theory Bookworm recommends Rule By Law: The Politics of Courts in Authoritarian Regimes (Tom Ginsburg & Tamir Moustafa Editors). Here is a description:Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the...

Download of the Week

Posted on October 25, 2008
The Download of the Week is s Bad Law Still Law? Is Bad Law Really Law? by Julie Dickson. Here is the abstract:In this article, I discuss various substantive and methodological issues in jurisprudence, prompted by Neil MacCormick's views in...

Journal Announcemnt: Journal of Law Philosophy and Culture

Posted on October 25, 2008
The first two issues of the Journal of Law, Philosphy, and Cutlure are available online. Follow this link!

Sitaraman on Foreign Law & Constiutional Interpretation

Posted on October 24, 2008
Ganesh Sitaraman (Harvard Law School) has posted The Use and Abuse of Foreign Law in Constitutional Interpretation (Harvard Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract:This article provides a typology of the uses of foreign...

Torrance on Metaphysics & Patenting Life

Posted on October 24, 2008
Andrew W. Torrance (University of Kansas - School of Law) has posted Metaphysics and Patenting Life (University of Missouri-Kansas City Law Review, Vol. 76, p. 363, 2007) on SSRN. Here is the abstract:The patent systems of most countries have gradually...

Chesterman on the Security Council & the Rule of Law

Posted on October 24, 2008
Simon Chesterman (New York University - School of Law, Singapore Programme) has posted The UN Security Council and the Rule of Law on SSRN. Here is the abstract:The UN Security Council is the most powerful multilateral political institution. It has...

Sammons on an Aesthetic Justification for Freedom of Speech

Posted on October 24, 2008
Jack Lee Sammons (Mercer University) has posted Censoring Samba: An Aesthetic Justification for the Protection of Speech (Stetson Law Review, Vol. 37, No. 3, 2008) on SSRN. Here is the abstract: Responding to well known challenges to any attempt to...

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