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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

Call for Papers: Retributivism

Posted on October 08, 2008
Call for abstracts for Retributivism: Essays on Theory, Policy, and Practice Edited by Mark D. White, College of Staten Island/CUNY I am currently soliciting abstracts for an edited volume on retributivist punishment, with interest from Cambridge University Press...

Book Announcement: The Citizen & the Alien by Bosniak in Paperback

Posted on October 08, 2008
The Citizen and the Alien: Dilemmas of Contemporary Membership by Linda Bosniak To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/8319.html Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but...

Heller on the International Criminal Court's "Situational Gravity" Standard

Posted on October 07, 2008
Kevin Jon Heller (University of Auckland - Faculty of Law) has posted Situational Gravity Under the Rome Statute on SSRN. Here is the abstract:The ICC is often derided as the "African Criminal Court." That criticism cannot easily be dismissed: all...

Botterell on Subjectivist Justification in Criminal Law

Posted on October 07, 2008
Andrew Botterell (University of Western Ontario - Faculty of Law) has posted Why We Ought to Be (Reasonable) Subjectivists About Justification (Criminal Justice Ethics, Vol. 26, No. 1, pp. 36-58, 200) on SSRN. Here is the abstract:In this paper I...

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Idleman on Catholic Justices

Posted on October 07, 2008
Scott C. Idleman (Marquette University) has posted Private Conscience, Public Duties: The Unavoidable Conflicts Facing a Catholic Justice (University of St. Thomas Law Journal, Vol. 4, pp. 312-324, 2007) on SSRN. Here is the abstract:When questioned about the relationship between...

Segall on Hein v. Freedom from Religion

Posted on October 07, 2008
Eric Segall (Georgia State University - College of Law) has posted The Taxing Law of Taxpayer Standing (Tulsa Law Review, Vol. 43, No. 3, 2008) on SSRN. Here is the abstract:This article, "The Taxing Law of Taxpayer Standing," is a...

Sandefur on Holzer on Justice Thomas

Posted on October 07, 2008
Timothy Sandefur (Pacific Legal Foundation - Economic Liberties Project) has posted Clarence Thomas's Jurisprudence Unexplained (NYU Journal of Law & Liberty, Forthcoming) on SSRN. Here is the abstract:This is a review of Henry Mark Holzer's The Supreme Court Opinions of...

Brand on Supreme Court Citations to Foreign & International Law

Posted on October 07, 2008
Ronald A. Brand (University of Pittsburgh - School of Law) has posted Judicial Review and United States Supreme Court Citations to Foreign and International Law (Duquesne University Law Review, Vol. 45, p. 423, 2007) on SSRN. Here is the abstract:Recent...

Workshop Announcement: Empirical Legal Scholarship at Northwestern

Posted on October 07, 2008
Conducting Empirical Legal Scholarship: The Advanced Course, October 24-26, 2008 This is the last call for a workshop Lee Epstein and I will be teaching later this month. On Friday, October 24, 2008 through Sunday, October 26, 2008 Lee Epstein...

Conference Announcement: Evidence, Science, and Public Policy at Sydney

Posted on October 07, 2008
CFP: Evidence, Science and Public Policy (Sydney 2009) Sydney-Tilburg conference on EVIDENCE, SCIENCE AND PUBLIC POLICY Sydney Centre for the Foundations of Science 26-28 March 2009 Conference website: http://sydcfs.org.au/ KEYNOTE SPEAKERS: Mark Burgman (University of Melbourne), John Quiggin (University of...

Rosenzweig on a Derivatives Trading Tax

Posted on October 06, 2008
Adam H. Rosenzweig (Washington University, St. Louis - School of Law) has posted Imperfect Financial Markets and the Hidden Costs of a Modern Income Tax on SSRN. Here is the abstract: The news has been filled with stories of meltdowns...

Pfander on Forum Shopping & Federalism

Posted on October 06, 2008
James E. Pfander (Northwestern University School of Law) has posted Forum Shopping and the Infrastructure of Federalism (Temple Political & Civil Rights Law Review, Vol. 17, 2008) on SSRN. Here is the abstract:The recent effort of environmentalists and others to...

Horwitz on Religion & Politics

Posted on October 06, 2008
Paul Horwitz (University of Alabama School of Law) has posted Religion and American Politics: Three Views of the Cathedral on SSRN. Here is the abstract: The relationship between religion and politics in the American social and constitutional structure is a...

Greene on the Market for Originalism

Posted on October 06, 2008
Jamal Greene (Columbia University - Columbia Law School) has posted Selling Originalism (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract:The legal academy has been unkind to originalism. Legal scholars have leveled withering criticism at originalists, maintaining that their...

Smith on Science, Religion, and the Law

Posted on October 06, 2008
George P. Smith II (Catholic University of America - Columbus School of Law) has posted Biotechnology, Religion, Modern Science and Law: Shaping or Testing the New Modernity? The Curse of Itching Ears on SSRN. Here is the abstract:This paper assesses...

d'Aspremont on Value Transfers through International Law

Posted on October 06, 2008
Jean d'Aspremont (University of Leiden - Faculty of Law) has posted Transfer of Values Through International Law: The Hobbesian Lessons from Eastern European Legal Scholars on SSRN. Here is the abstract:This paper analyzes the role that Eastern Europeans legal scholars...

Women and Blogging

Posted on October 06, 2008
Check out these posts by Mary Dudziak, Ann Bartow, and Ann Althouse.

Fellowship Announcement: Jerome Hall Postdoc at Indiana

Posted on October 06, 2008
Jerome Hall Postdoctoral Fellowship The Center will appoint up to three post-doctoral fellows per year beginning with the 2009-10 academic year. We invite applications from scholars of law, the humanities, or social sciences working in the field of sociolegal studies...

Conference Announcement: Markets & Responsibilities at Oxford

Posted on October 06, 2008
Call for Papers: Markets and Responsibilities, University of Oxford A two-day workshop sponsored by the University of Oxford Centre for Ethics and Philosophy of Law (CEPL) on the topic of ?Markets and Responsibilities? will be held on 10-11 July 2009,...

Book Announcement: We Shall Overcome by Tsesis

Posted on October 06, 2008
Yale University Press has published We Shall Overcome A History of Civil Rights and the Law by Alexander Tsesis. Here is a description: Despite America?s commitment to civil rights from the earliest days of nationhood, examples of injustices against minorities...

Legal Theory Lexicon: Legal Theory, Jurisprudence, and the Philosophy of Law

Posted on October 05, 2008
Introduction The Legal Theory Lexicon series usually explicates some concept in legal theory, jurisprudence, or philosophy of law. But what are those fields and how do they relate to each other? Is ?jurisprudence? a synonym for ?philosophy of law? or...

Legal Theory Bookworm

Posted on October 04, 2008
The Legal Theory Bookworm recommends Moral Dimensions: Permissibility, Meaning, Blame by T. M. Scanlon. In a clear and elegant style, T. M. Scanlon reframes current philosophical debates as he explores the moral permissibility of an action. Permissibility may seem to...

Download of the Week

Posted on October 04, 2008
The Download of the Week is The Concept and the Rule of Law by Jeremy Waldron. Here is the abstract:This article explores and connects two issues: (1) the relation between the Rule of Law (or legality) and the work we...

Fellowship Announcement: Stanford Center on the Legal Profession

Posted on October 03, 2008
Stanford Law School?s Center on the Legal Profession invites Fellowship applications for the forthcoming academic year (2009-2010). The Center on the Legal Profession, directed by Professor Deborah L. Rhode, supports research, teaching, programs, and public policy initiatives on crucial issues...

Berman on the Rule of Recognition, the Constitution, and Argumentative Practice

Posted on October 03, 2008
Mitchell N. Berman (University of Texas School of Law) has posted Constitutional Theory and the Rule of Recognition: Toward a Fourth Theory of Law (THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION, Matthew D. Adler, Kenneth Einar Himma, eds...

Harel & Kahan on Judicial Review

Posted on October 03, 2008
Alon Harel and Tsvi Kahana (Hebrew University of Jerusalem - Felt Center for Legal Studies) have posted The Easy Core Case for Judicial Review on SSRN. Here is the abstract:This paper defends judicial review on the grounds that judicial review...

Bilder on Colonial Constitutionalism

Posted on October 03, 2008
Mary Sarah Bilder (Boston College - Law School) has posted Colonial Constitutionalism and Constitutional Law (THE TRANSFORMATION IN AMERICAN LEGAL HISTORY: ESSAYS IN HONOR OF MORTON J. HORWITZ, Alfred L. Brophy, Daniel W. Hamilton, eds., Harvard University Press, 2008, Boston...

White on Kantian Ethics & Prisoners' Dilemmas

Posted on October 03, 2008
Mark D. White (College of Staten Island) has posted Kantian Ethics and the Prisoners' Dilemma (Eastern Economic Journal, 2009) on SSRN. Here is the abstract:The prisoners' dilemma game stands as a seminal case of the conflict between individual and collective...

Perry on the Constitution, Judicial Review, and Human Rights

Posted on October 03, 2008
Michael Perry (Emory University School of Law) has posted Entrenching, Interpreting, and Specifying Human Rights: Some Comments on the U.S. Constitution and Judicial Review on SSRN. Here is the abstract:This essay is my contribution to a symposium on originalism, to...

Kotler on Sovereign Immunity & Preemption

Posted on October 03, 2008
Martin A. Kotler (Widener University - School of Law) has posted Shared Sovereign Immunity as an Alternative to Federal Preemption: An Essay on the Attribution of Responsibility for Harm to Others (Hofstra Law Review, Forthcoming) on SSRN. Here is the...

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