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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

Tamanaha on "Judicial Politics"

Posted on October 13, 2008
Brian Z. Tamanaha (St. John's University - School of Law) has posted The Realism of Judges Past: A Challenge to the Assumptions and Orientation of the 'Judicial Politics' Field (Cleveland State Law Review, Vol. 56, 2008) on SSRN. Here is...

McCreary on Laptops in Class

Posted on October 13, 2008
Jana R. McCreary (Florida Coastal School of Law) has posted The Laptop-Free Zone (Valparaiso University Law Review, Vol. 43, 2009) on SSRN. Here is the abstract:This new article, "The Laptop-Free Zone," addresses the hotly debated issue of laptops in law...

Camp on Palin's Tax Returns

Posted on October 13, 2008
Bryan Camp (Texas Tech University - School of Law) has posted A Brief Analysis of Governor Palin's Tax Returns for 2006 and 2007 on SSRN. Here is the abstract:Governor Palin's 2006 and 2007 tax returns create several teaching opportunities for...

Call for Papers: Law and Society in Denver

Posted on October 13, 2008
Law and Society Association Call for Participation Due Date: December 8, 2008http://www.lawandsociety.org/ann_mtg/am09/call.htm The 2009 Annual Meeting of Law and Society Association Thursday, May 28 through Sunday, May 31, at the Grand Hyatt Hotel in the vibrant city of Denver...

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Kaplan on Social Security Benefits

Posted on October 13, 2008
Richard L. Kaplan (University of Illinois College of Law) has posted A Guide to Starting Social Security Benefits on SSRN. Here is the abstract:When a person should begin taking Social Security retirement benefits is a critical question for planning one's...

2008 Supreme Court Audio Up at Oyez

Posted on October 13, 2008
The 2007 Term audio is now available at the Oyez Project . This release includes all opinion announcements. Earlier this month, Oyez released all of the 1981 Term audio. Here is the link.

Call for Papers: Feminist Legal Theory & Law at the University of Baltimore

Posted on October 13, 2008
CALL FOR PAPERS Applied Feminism: How Feminist Legal Theory is Changing the Law This call for papers seeks submissions for the University of Baltimore School of Law?'s Second Annual Feminist Legal Theory Conference. The conference will be held at the...

Legal Theory Lexicon: The Attitudinal Model and the New Institutionalism

Posted on October 12, 2008
Introduction The legal academy is not the only locus for serious study of the law. Legal phenomena are examined in a variety of other disciplines?ranging from philosophy and sociology to history and anthropology, but political science (or ?politics? or ?government?)...

Legal Theory Bookworm

Posted on October 11, 2008
The Legal Theory Bookworm recommends Reconciling Our Aims: In Search of Bases for Ethics by Allan Gibbard. Here is a description:In these three Tanner lectures, distinguished ethical theorist Allan Gibbard explores the nature of normative thought and the bases of...

Download of the Week

Posted on October 11, 2008
The Download of the Week is Forum Shopping and the Infrastructure of Federalism by James E. Pfander. Here is the abstract:The recent effort of environmentalists and others to secure progressive social change at the state level enacts a familiar ritual...

Chemerinsky on Direct Democracy

Posted on October 10, 2008
Erwin Chemerinsky (University of California, Irvine Law School) has posted Challenging Direct Democracy (Michigan State Law Review, Vol. 2007, p. 293, Summer) on SSRN. Here is the abstract:Let there be no doubt of the effects of the Michigan Civil Rights...

Honor� on Justinian's Digest

Posted on October 10, 2008
Tony Honor� (University of Oxford - Faculty of Law) has posted two papers on Justinian's Digest on SSR:Justinian's Digest: The Distribution of Authors and Works to the Three Committees:This essay addresses a set of related problems about the compilation of...

Michaelson Private-Public Intelligence Partnerships

Posted on October 10, 2008
Jon D. Michaels (University of California, Los Angeles - School of Law) has posted All the President's Spies: Private-Public Intelligence Partnerships in the War on Terror (California Law Review, Vol. 96, p. 901, 2008) on SSRN. Here is the abstract:Commentators...

Green on the Rule of Recognition, the Constitution, and Kelsen

Posted on October 10, 2008
Michael Steven Green (College of William and Mary - Marshall-Wythe School of Law) has posted Kelsen, Quietism, and the Rule of Recognition (THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION, Matthew D. Adler, Kenneth E. Himma eds., Oxford University...

Sealing on Due Process for State Sponsors of Terrorism

Posted on October 10, 2008
Keith Sealing (University of Louisville Brandeis School of Law) has posted State Sponsors of Terrorism are Entitled to Due Process Too: The Amended Foreign Sovereign Immunities Act is Unconstitutional on SSRN. Here is the abstract:In 1996, Congress, as part of...

Botterell on Corrective Justice & Unjust Enrichment

Posted on October 10, 2008
Andrew Botterell (University of Western Ontario - Faculty of Law) has posted Property, Corrective Justice, and the Nature of the Cause of Action in Unjust Enrichment (Canadian Journal of Law and Jurisprudence, Vol. 20, No. 2, pp. 275-296, 2007) on...

Steinman on the Proposed Amendments to Rule 56

Posted on October 09, 2008
Adam Steinman (University of Cincinnati - College of Law) has posted An Ounce of Prevention: Solving Some Unforeseen Problems with the Proposed Amendments to Rule 56 and the Federal Summary Judgment Process (Northwestern University Law Review, Forthcoming) on SSRN...

Eisenberg & Lanvers on Settlement Rates

Posted on October 09, 2008
Theodore Eisenberg and Charlotte Lanvers (Cornell University - School of Law and Disability Rights Education & Defense Fund, Inc.) have posted What is the Settlement Rate and Why Should We Care? on SSRN. Here is the abstract:This article first shows....

Gordon on Bias in Federal Public Corruption Prosecutions

Posted on October 09, 2008
Sanford C. Gordon (New York University - Department of Politics) has posted Assessing Partisan Bias in Federal Public Corruption Prosecutions on SSRN. Here is the abstract:The 2007 U.S. Attorney firing scandal has raised the specter of political bias in the...

Hoffman & King on the Federal Role in State Criminal Justice

Posted on October 09, 2008
Joseph L. Hoffmann and Nancy J. King (Indiana University School of Law-Bloomington and Vanderbilt University School of Law) have posted Rethinking the Federal Role in State Criminal Justice (New York University Law Review, Vol. 84, 2009) on SSRN. Here is...

Walker on Heller

Posted on October 09, 2008
Anders Walker (Saint Louis University School of Law) has posted From Ballots to Bullets: District of Columbia v. Heller and the New Civil Rights (Louisiana Law Review, Forthcoming) on SSRN. Here is the abstract:This article posits that the Supreme Court's...

Elrod on Academic Freedom

Posted on October 09, 2008
Jennifer Elrod (University of California, Irvine Law School) has posted Critical Inquiry: a Tool for Protecting the Dissident Professor's Academic Freedom (California Law Review, Vol. 96, December 2008) on SSRN. Here is the abstract:Although the 2006 mid-term elections were, in...

Call for Proposals: Hot Topics at AALS

Posted on October 09, 2008
Hot Topic Proposals at the AALS Annual Meeting Time is being reserved in the Annual Meeting schedule for programs devoted to late-breaking legal issues or topics. Faculty members who are interested in organizing a panel on such an issue or...

Singer on Corporate Responsibility

Posted on October 08, 2008
Joseph William Singer (Harvard Law School) has posted Corporate Responsibility in a Free and Democratic Society (Case Western Reserve Law Review, Vol. 58, 2009) on SSRN. Here is the abstract:Do corporations have any social responsibilities? Those who have argued both...

White on Retributivism

Posted on October 08, 2008
Mark D. White (College of Staten Island) has posted Retributivism in a World of Scarcity (THEORETICAL FOUNDATIONS OF LAW AND ECONOMICS, Mark D. White, ed., Cambridge: Cambridge University Press, 2009) on SSRN. Here is the abstract:The economic analysis of criminal...

Yu on IP Coalitions for Development

Posted on October 08, 2008
Peter K. Yu (Drake University Law School) has posted Building Intellectual Property Coalitions for Development (IMPLEMENTING WIPO'S DEVELOPMENT AGENDA, Jeremy de Beer, ed., IDRC, 2008, Centre for International Governance Innovation Working Paper No. 3) on SSRN...

Turner & Harrison on the Dynasty Trust

Posted on October 08, 2008
William Turnier and Jeffrey Lynch Harrison (University of North Carolina School of Law and University of Florida - Fredric G. Levin College of Law) have posted A Malthusian Analysis of the So-Called Dynasty Trust on SSRN. Here is the abstrat:Select...

Dolak on the Inequitble Conduct Defense in Patent Law

Posted on October 08, 2008
Lisa A. Dolak (Syracuse University - College of Law) has posted Inequitable Conduct: A Flawed Doctrine Worth Saving on SSRN. Here is the abstract:A growing chorus of voices is calling for reform or even elimination of the doctrine of inequitable...

Heald on Patent Remedies

Posted on October 08, 2008
Paul J. Heald (University of Georgia Law School) has posted Optimal Remedies for Patent Infringement: A Transactional Model on SSRN. Here is the abstract:In a world of zero transaction costs, one should observe optimal invention and innovation. As long as...

Bobroff on Civil Rights & the Roberts Court

Posted on October 08, 2008
Rochelle Bobroff (National Senior Citizens Law Center) has posted The Early Roberts Court Attacks Congress's Power to Protect Civil Rights (North Carolina Central Law Review, Vol. 30, p. 231, 2008) on SSRN. Here is the abstract:While the decisions of the...

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