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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

Henderson & Jagolinzer on Rule 10b5-1

Posted on September 26, 2008
M. Todd Henderson and Alan D. Jagolinzer (University of Chicago - Law School and Stanford Graduate School of Business) have posted The Uses and Abuses of Rule 10b5-1 on SSRN. Here is the abstract:Firm insiders have used Rule 10b5-1, which...

Reich on Direct Democracy

Posted on September 26, 2008
Johannes Reich (University of Basel Faculty of Law) has posted An Interactional Model of Direct Democracy - Lessons from the Swiss Experience on SSRN. Here is the abstract:Direct democratic decision-making has often been associated with populism, irrationality, and oppression of...

Secunda on State Protection of Workers

Posted on September 26, 2008
Paul M. Secunda (Marquette University - Law School) has posted The Ironic Necessity for State Protection of Workers (University of Pennsylvania Law Review PENNUMBRA, Vol. 157, 2008) on SSRN. Here is the abstract:Although there is a palpable irony in turning...

Yang & Percival on Global Environmental Law

Posted on September 26, 2008
Tseming Yang and Robert V. Percival (Vermont Law School and University of Maryland - School of Law) have posted The Emergence of Global Environmental Law on SSRN. Here is the abstract:With the global growth of public concern about environmental issues...

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Melish on New Governance & Poverty

Posted on September 26, 2008
Tara J. Melish (University of Notre Dame Law School) has posted Maximum Feasible Participation of the Poor: New Governance, New Accountability, and a 21st Century War on the Sources of Poverty on SSRN. Here is the abstract:In 1964, President Lyndon...

Call for Papers: Junior Law & Humanities at Georgetown

Posted on September 26, 2008
Georgetown University Law Center, Columbia Law School, University of Southern California Center for Law, History & Culture, and UCLA School of Law invite submissions for the seventh meeting of the Law & Humanities Junior Scholar Workshop to be held at...

Pildes on Sunstein on Means & Ends

Posted on September 25, 2008
Richard H. Pildes (New York University School of Law) has posted Means and Ends in Politics and Law: An Essay in Honor of Cass R. Sunstein (Tulsa Law Review, Forthcoming) on SSRN. Here is the abstract:In both constitutional law and...

Cotropia & Lemley on Copying in Patent Law

Posted on September 25, 2008
Christopher Anthony Cotropia and Mark A. Lemley (University of Richmond School of Law and Stanford Law School) have posted Copying in Patent Law on SSRN. Here is the abstract:Patent law is virtually alone in intellectual property (IP) in punishing independent...

Kobach on States & Illegal Immigration

Posted on September 25, 2008
Kris W. Kobach (University of Missouri at Kansas City - School of Law) has posted Reinforcing the Rule of Law: What States Can and Should Do to Reduce Illegal Immigration (Georgetown Immigration Law Review, Vol. 22, 2008) on SSRN. Here...

Miller on Jones v. Alfred H. Mayer Co.

Posted on September 25, 2008
Darrell A. H. Miller (University of Cincinnati College of Law) has posted White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co. (Fordham Law Review Forthcoming) on SSRN. Here is the abstract:To...

Iossa & Julien on the Value of Legal Services Quality Information

Posted on September 25, 2008
Elisabetta Iossa and Bruno Jullien (Brunel University and University of Toulouse 1 - Groupe de Recherche en Economie Math�matique et Quantitative (GREMAQ) ) have posted The Market for Lawyers: The Value of Information on the Quality of Legal Services on...

Himma on the U.S. Constitution & the Rule of Recognition

Posted on September 25, 2008
Kenneth Einar Himma (Seattle Pacific University) has posted Understanding the Relationship between the U.S. Constitution and the Conventional Rule of Recognition (THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION, Matthew D. Adler, Kenneth Einar Himma, eds...

Henderson & Epstein on Going Private

Posted on September 24, 2008
M. Todd Henderson and Richard A. Epstein (University of Chicago - Law School and University of Chicago - Law School) have posted Introduction to 'The Going Private Phenomenon: Causes and Implications' on SSRN. Here is the abstract:This essay introduces the...

Tridimas & Gutierrez-Fons on EU Law & Economic Sanctions Against Terrorism

Posted on September 24, 2008
P. Takis Tridimas and Jose A. Gutierrez-Fons (Pennsylvania State University - Dickinson School of Law and University of London - Queen Mary) have posted EU Law, International Law and Economic Sanctions Against Terrorism: The Judiciary in Distress? (Fordham International Law...

Liu & Halliday on Chinese Criminal Defense Lawyers

Posted on September 24, 2008
Sida Liu and Terence C. Halliday (American Bar Foundation) have posted Dancing Handcuffed in the Minefield: Survival Strategies of Defense Lawyers in China's Criminal Justice System on SSRN. Here is the abstract:The tremendous difficulties that Chinese criminal defense lawyers face...

Smith & Valsan on 3464920 Canada Inc. v. Strother

Posted on September 24, 2008
Lionel Smith and Remus D. Valsan (Quebec Research Centre of Private and Comparative Law and McGill University - Faculty of Law) have posted The Loyalty of Lawyers: A Comment on 3464920 Canada Inc. v. Strother (Canadian Bar Review, Vol. 87,...

Baines on Feminist Judges

Posted on September 24, 2008
Beverley Baines (Queen's University - Faculty of Law) has posted But Was She a Feminist Judge? (ONE WOMAN'S DIFFERENCE: THE CONTRIBUTIONS OF JUSTICE BERTHA WILSON, Kimberley Brooks, ed., UBC Press, Forthcoming) on SSRN. Here is the abstract:During her time on...

Oppenheimer on Plant Patents

Posted on September 24, 2008
Max Stul Oppenheimer (University of Baltimore - School of Law) has posted The 'Reasonable Plant' Test: When Progress Outruns the Constitution (Minnesota Journal of Law, Science & Technology, 2008) on SSRN. Here is the abstract: As the world searches for...

Pritchard & Thompson on the New Deal Justices & Securities Law

Posted on September 23, 2008
Adam C. Pritchard and Robert B. Thompson (University of Michigan Law School and Vanderbilt University - School of Law) have posted Securities Law and the New Deal Justices (Virginia Law Review, Vol. 95, 2009) on SSRN. Here is the abstract:Taming...

Aviram on the Evolution of Private Legal Systems

Posted on September 23, 2008
Amitai Aviram (University of Illinois College of Law) has posted Forces Shaping the Evolution of Private Legal Systems (LAW, ECONOMICS AND EVOLUTIONARY THEORY, Peer Zumbansen, Gralf-Peter Calliess, eds., 2009) on SSRN. Here is the abstract:Private legal systems ("PLSs") are to...

Berger on Racism and Native Americans

Posted on September 23, 2008
Bethany Berger (University of Connecticut School of Law) has posted Red: Racism and American Indians (UCLA Law Review, Vol. 56, No. 3, 2009) on SSRN. Here is the abstract:How does racism work in American Indian law and policy? Scholarship on...

Gostin on Public Health Law

Posted on September 23, 2008
Lawrence O. Gostin (Georgetown University Law Center - O'Neill Institute for National and Global Health Law) has posted A Theory and Definition of Public Health Law (Lawrence O. Gostin, PUBLIC HEALTH LAW POWER, DUTY, RESTRAINT, Revised & Expanded Second Edition,...

Sitaraman on Counterinsurgency & Constitutional Design

Posted on September 23, 2008
Ganesh Sitaraman (Harvard Law School) has posted Counterinsurgency and Constitutional Design (Harvard Law Review, Vol. 121, No. 6, p. 1622, 2008) on SSRN. Here is the abstract:Few think of counterinsurgency as linked to constitutional design. Counterinsurgency is bottom-up; constitutional design...

Kolber on Comparative Punishment

Posted on September 23, 2008
Adam J. Kolber (University of San Diego School of Law) has posted The Comparative Nature of Punishment on SSRN. Here is the abstract:Suppose we punished people by forced poverty. Instead of a traditional dollar fine, we would limit offenders' personal...

Dillard on "Antecedent Law"

Posted on September 22, 2008
Carter Dillard (New York University School of Law) has posted Antecedent Law: The Law of People Making on SSRN. Here is the abstract:In our conception of law we have largely presumed the process by which the people whose behavior the...

Halliday, Block-Lieb, and Carruthers on Debtor Participation in Bankruptcy Reform

Posted on September 22, 2008
Terence C. Halliday , Susan Block-Lieb and Bruce Carruthers (American Bar Foundation , Fordham University School of Law) have posted Missing Debtors: National Lawmaking and Global Norm-Making of Corporate Bankruptcy Regimes (Center on Law and Globalization Research Paper No...

Engle on Social Contracts & Natural Law

Posted on September 22, 2008
Eric Engle (Universit�t Bremen) has posted The Social Contract: A Basic Contradiction in Western Liberal Democracy on SSRN. Here is the abstract:The social contract and state of nature are accepted legitimating myths in the liberal democracies, yet do not correspond...

Driesen on Alternatives to Regulation

Posted on September 22, 2008
David M. Driesen (Syracuse University - College of Law) has posted Alternatives to Regulation?: Market Mechanisms and the Environment (OXFORD HANDBOOK ON REGULATION, Martin Cave, Rob Baldwin, and Martin Lodge eds., Oxford University Press 2009) on SSRN...

Kiggins on Judicial Confirmations

Posted on September 22, 2008
Spencer D. Kiggins (College of William and Mary - Marshall-Wythe School of Law) has posted The Elusive Pavilion of Peace in the Judicial Confirmation Process: A Discursive Analysis of How the Confirmation Process Broke Down and Where it Could Be...

Koppelman on Corruption of Religion

Posted on September 22, 2008
Andrew Koppelman (Northwestern University School of Law) has posted Corruption of Religion and the Establishment Clause (William & Mary Law Review, Vol. 50, 2008) on SSRN. Here is the abstract:Government neutrality toward religion is based on familiar considerations: the importance...

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