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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

Waldron on the Concept of Law & the Rule of Law

Posted on October 02, 2008
Jeremy Waldron (New York University - School of Law) has posted The Concept and the Rule of Law (Georgia Law Review, Forthcoming) on SSRN. Here is the abstract:This article explores and connects two issues: (1) the relation between the Rule...

Miller on the "Living Tree" and Originalism in Canada

Posted on October 02, 2008
Bradley W. Miller (University of Western Ontario - Faculty of Law) has posted Beguiled by Metaphors: The 'Living Tree' and Originalist Constitutional Interpretation in Canada on SSRN. Here is the abstract:The dominant strain of constitutional interpretation in Canada holds both...

Mayer on Institutional Free Exercise

Posted on October 02, 2008
Lloyd H. Mayer (Notre Dame Law School) has posted The Pulpit, Politics, RFRA, and Institutional Free Exercise on SSRN. Here is the abstract:More than fifty years ago, Congress enacted with little deliberation a prohibition against political campaign intervention for all...

Entin on Parents Involved in Community Schools v. Seattle School District No. 1

Posted on October 02, 2008
Jonathan L. Entin (Case Western Reserve University - School of Law) has posted Parents Involved and the Meaning of Brown: An Old Debate Renewed (Seattle University Law Review, Vol. 31, No. 923, 2008) on SSRN. Here is the abstract:In Parents...

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Williams on Boumediene v. Bush

Posted on October 02, 2008
Daniel R. Williams (Northeastern University - School of Law) has posted Who Got Game? Boumediene v. Bush and the Judicial Gamesmanship of Enemy-Combatant Detention (New England Law Review, Forthcoming) on SSRN. Here is the abstract:Our war-on-terror jurisprudence heavily leans towards...

Murphy on Massachusetts v. EPA

Posted on October 02, 2008
Richard W. Murphy (William Mitchell College of Law) has posted Abandoning Standing: Trading a Rule of Access for a Rule of Deference (American Law Review, Vol. 60, No. 4, 2008) on SSRN. Here is the abstract:The Supreme Court's long struggle...

Cox & Miles on Judicial Ideology & Voting Rights Jurisprudence

Posted on October 01, 2008
Adam B. Cox & Thomas J. Miles (University of Chicago - Law School) have posted Judicial Ideology and the Transformation of Voting Rights Jurisprudence (University of Chicago Law Review, Vol. 75, 2008) on SSRN. Here is the abstract: For two...

Bell on Private Takings

Posted on October 01, 2008
Abraham Bell (Bar Ilan University - Faculty of Law) has posted Private Takings (University of Chicago Law Review, Forthcoming) on SSRN. Here is the abstract:Eminent domain, or the power to take, is generally analyzed as the quintessential government power...

Ibrahim on Angel Investors

Posted on October 01, 2008
Darian M. Ibrahim (University of Wisconsin Law School) has posted Building the Next Silicon Valley: The Role of Angel Investors in Economic Development on SSRN. Here is the abstract: The success of California's Silicon Valley has led other regions to...

White on Pareto & Kant

Posted on October 01, 2008
Mark D. White (College of Staten Island) has posted Pareto, Consent, and Respect for Dignity: A Kantian Perspective (Review of Social Economy, Vol. 67, No. 1, 2009) on SSRN. Here is the abstract:This paper argues that the Pareto standard, by...

Noyes on the Federal Rules of Evidence & State Law Privileges

Posted on October 01, 2008
Henry S. Noyes (Chapman University - School of Law) has posted Federal Rule of Evidence 502: Stirring the State Law of Privilege and Professional Responsibility with a Federal Stick on SSRN. Here is the abstract:Federal Rule of Evidence 502 was...

Narula on Caste & Critical Race Theory

Posted on October 01, 2008
Smita Narula (NYU School of Law) posted Equal by Law, Unequal by Caste: The 'Untouchable' Condition in Critical Race Perspective (Wisconsin International Law Journal, Vol. 26, p. 255) on SSRN. Here is the abstract:Caste-based oppression in India lives today in...

Fellowship Announcement: Post-Docs at Stanford

Posted on October 01, 2008
Stanford University: 2009-10 Post-Doctoral FellowshipsThe McCoy Family Center for Ethics in Society and the Program in Global Justice at Stanford University seek five post-doctoral fellows for 2009-10. We welcome candidates with substantial normative research interests from diverse backgrounds including philosophy,...

Conference Announcement: Free Will & Moral Responsibility at Sydney

Posted on October 01, 2008
Free Will: Moral and Legal Responsibility Saturday 15 November 2008Conference: 8.30am-5.30pmCocktail reception: 5.30-6.30pmMinter Ellison Conference Room,Level 13, Sydney Law School173-175 Phillip St, SydneyCostFull fee: $154 incl. GST; Student/concession: $71...

Fruehwald on Reciprocal Altruism & Contract

Posted on September 30, 2008
Edwin S. Fruehwald (Hofstra University - School of Law) has posted Reciprocal Altruism as the Basis for Contract on SSRN. Here is the abstract:Behavioral Biology illuminates the basis of contract. Behavioral biologists believe that genes are selfish; they are only...

Sunstein on Judicial Minimalism

Posted on September 30, 2008
Cass R. Sunstein (Harvard University - Harvard Law School) has posted Beyond Judicial Minimalism on SSRN. Here is the abstract:Many judges are minimalists. They favor rulings that are narrow, in the sense that they govern only the circumstances of the...

Perry on Human Rights

Posted on September 30, 2008
Michael Perry (Emory University School of Law) has posted Human Rights as Morality, Human Rights as Law on SSRN. Here is the abstract:There has been growing interest in, and scholarly attention to, issues and questions that arise within the subject...

Rosenthal on Garcetti v. Ceballos

Posted on September 30, 2008
Lawrence Rosenthal (Chapman University - School of Law) has posted The Emerging First Amendment Law of Managerial Prerogative ( Fordham Law Review, Vol. 77, p. 103, 2008) on SSRN. Here is the abstract:In Garcetti v. Ceballos, the Supreme Court, by...

Hollis & Newcomer on "Political Commitments to Other Nations" & the Constitution

Posted on September 30, 2008
Duncan B. Hollis and Joshua J. Newcomer (Temple University - James E. Beasley School of Law) have posted 'Political' Commitments and the Constitution (Virginia Journal of International Law, Vol. 49, No. 3, 2009) on SSRN. Here is the abstract:This article...

Dent & Cook on Stare Decisis & Foucault

Posted on September 30, 2008
Chris Dent and Ian Cook (University of Melbourne - Law School) have posted Stare Decisis, Repetition and Understanding Common Law (Griffith Law Review, Vol. 16, No. 1, pp. 131-150, 2007) on SSRN. Here is the abstract:The works of Michel Foucault...

Seto on the Financial Crisis

Posted on September 30, 2008
Ted Seto has the most cogent short explanation of the current financial crisis of which I am aware on his blog, Understanding Tax. Typical Seto--brilliant and illuminating.

If McCain Wins in November, Will Palin Be Sworn in as President?

Posted on September 30, 2008
It may be unlikely, but arguably that would be the result required by the United States Constitution--because there is a serious question whether John McCain is eligible to become President of the United States. This topic is explored in depth...

Green on Copyrighting Factual Compilations

Posted on September 29, 2008
Michael Steven Green (College of William and Mary - Marshall-Wythe School of Law) has posted Two Fallacies about Copyrighting Factual Compilations (INTELLECTUAL PROPERTY PROTECTION OF FACT-BASED WORKS: COPYRIGHT AND ITS ALTERNATIVES, Robert Brauneis ed...

Kaye on Individuation, Probability, and Forensic Evidence

Posted on September 29, 2008
David H. Kaye (Arizona State University - Sandra Day O'Connor College of Law - School of Life Science) has posted Probability and Individuality in Forensic Science Evidence on SSRN. Here is the abstract:Day in and day out, the testimony of...

Miller on State Action & State DOMAs

Posted on September 29, 2008
Darrell A. H. Miller (University of Cincinnati College of Law) has posted State DOMAs, Neutral Principles, and the Mobius of State Action (Temple Law Review, Forthcoming) on SSRN. Here is the abstract:This essay uses the Mobius strip as a mathematical...

Conference Announcement: Child Centered Jurisprudence & Feminist Jurisprudence at Houston

Posted on September 29, 2008
The Center for Children, Law & Policy is hosting Child Centered Jurisprudence and Feminist Jurisprudence: Exploring the Connections and the Tensions on Nov. 14th at the University of Houston Law Center from 8:30am to 12:30pm. We typically make video of...

Legal Theory Lexicon: Formalism & Instrumentalism

Posted on September 28, 2008
Introduction American law students learn about formalism instrumentalism early on?although those particular terms may not be introduced explicitly in classroom discussion. Many law students hunger for ?black letter law,? for legal rules that can be learned and applied to the...

Legal Theory Bookworm

Posted on September 27, 2008
The Legal Theory Bookworm recommends Philosophy and Real Politics by Raymond Geuss. Here is a description: Many contemporary political thinkers are gripped by the belief that their task is to develop an ideal theory of rights or justice for guiding...

Download of the Week

Posted on September 27, 2008
The Download of the Week is Means and Ends in Politics and Law: An Essay in Honor of Cass R. Sunstein by Richard Pildes. Here is the abstract:In both constitutional law and public policy, Cass Sunstein's work has entailed a...

Chen on Wickard v. Filburn

Posted on September 26, 2008
Jim Chen (University of Louisville - Louis D. Brandeis School of Law) has posted The Story of Wickard V. Filburn: Agriculture, Aggregation, and Commerce (Constitutional Law Stories, Michael C. Dorf ed., 2d ed., Foundation Press, 2008) on SSRN. Here is...

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