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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

Legal Theory Lexicon: Consent

Posted on September 22, 2008
Introduction Most law students begin realize that consent is a powerful legal and moral concept early in the first year of law school. A physical blow to the person is a battery?unless the blow was landed in a boxing match,...

Legal Theory Bookworm

Posted on September 20, 2008
The Legal Theory Bookworm recommends The Invisible Constitution (Inalienable Rights) by Laurence H. Tribe. Here is a description:As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no...

Download of the Week

Posted on September 20, 2008
The Download of the Week is Virtue's Domain by Ekow Yankah. Here is the abstract:If at the end of your life you were told you had fulfilled all your moral duties, you would be proud. If you were told you...

Coate & Fischer on Daubert, Game Theory, and Mergers

Posted on September 19, 2008
Malcolm B. Coate and Jeffrey H. Fischer (U.S. Federal Trade Commission (FTC) and U.S. Federal Trade Commission) have posted Daubert, Science, and Modern Game Theory: Implications for Merger Analysis on SSRN. Here is the abstract:To be admissible in federal court...

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Barrow & Rouse on School Vouchers

Posted on September 19, 2008
Lisa Barrow and Cecilia E. Rouse (Federal Reserve Bank of Chicago and Princeton University - Industrial Relations Section) have posted School Vouchers: Recent Findings and Unanswered Questions (Economic Perspectives, Vol. 32, No. 3, 2008) on SSRN. Here is the abstract:The...

Hoffman on Emergencies & Vulnerability

Posted on September 19, 2008
Sharona Hoffman (Case Western Reserve University - School of Law) has posted Preparing for Disaster: Protecting the Most Vulnerable in Emergencies (UC Davis Law Review, Forthcoming) on SSRN. Here is the abstract:Many federal, state, local and private entities are investing...

Dombalagian on Investment Banks & Systemic Risk

Posted on September 19, 2008
Onnig H. Dombalagian (Tulane Law School) has posted 'Too Interconnected to Fail?': Investment Banks and Systemic Risk on SSRN. Here is the abstract:I argue that the most efficient way to regulate investment banks for financial responsibility is to make them...

Ribeiro on the WTO & Corporate Social Responsibility

Posted on September 18, 2008
Gustavo Ribeiro (Indiana University Bloomington) has posted Navigating Turbulent Waters Connecting the World Trade Organization (WTO) and Corporate Social Responsibility (CSR) (Indiana Journal of Global Legal Studies, Forthcoming) on SSRN. Here is the abstract:This paper uses the metaphor of a...

Jordan on Irregular Panels of Appellate Court Judges

Posted on September 18, 2008
Samuel P. Jordan (Saint Louis University - School of Law) has posted Irregular Panels (Alabama Law Review, Vol. 60, No. 3, 2008) on SSRN. Here is the abstract:This article explores a common but essentially unexplored feature of appellate decision-making: decisions...

Buell on the Advantages of Overbreadth

Posted on September 18, 2008
Samuel W. Buell (Washington University School of Law) has posted The Upside of Overbreadth on SSRN. Here ist he abstract:Overbreadth in criminal liability rules, especially in federal law, is abundant and much lamented. Overbreadth is avoidable if it results from...

Oliar & Sprigman on IP Norms & Standup

Posted on September 18, 2008
Dotan Oliar & Chris Sprigman (University of Virginia - School of Law) have posted The Emergence of Intellectual Property Norms in Stand-Up Comedy on SSRN. Here is the abstract:In this paper, we analyze how stand-up comedians protect their jokes using...

Broughton on Kennedy v. Louisiana

Posted on September 18, 2008
J. Richard Broughton (Wayne State University Law School) has posted Kennedy, the Fall, and the Tail of Minos on SSRN. Here is the abstract:n Dante's Inferno, the damned appeared before Minos, who judged the gravity of their sins and assigned...

Peerenboom on Dejudicialization in China

Posted on September 17, 2008
Randall Peerenboom (University of California, Los Angeles - School of Law) has posted More Law, Less Courts: Legalized Governance Judicialization and Dejudicialization in China on SSRN. Here is the abstract:The global trend has been toward the judicialization of social, economic...

Anderson on Bobbitt on Terrorism

Posted on September 16, 2008
Kenneth Anderson (Washington College of Law, American University) has posted States of Terror, States of Consent: Philip Bobbitt's Strategic Transnational Politics for the Twenty-First Century (Times Literary Supplement (London), July 2008) on SSRN. Here is the abstract:This essay is a...

Mootz on Vico, Llewellyn, and Legal Education

Posted on September 16, 2008
Francis Joseph Mootz III (William S. Boyd School of Law, UNLV) has posted Vico, Llewellyn and the Task of Legal Education on SSRN. Here is the abstract:Legal education fails students by not appreciating the rhetorical basis of legal reasoning and...

Yankah on Virtue Jurisprudence

Posted on September 16, 2008
Ekow Yankah (Cardozo) has posted Virtue's Domain on SSRN. Here is the abstract:If at the end of your life you were told you had fulfilled all your moral duties, you would be proud. If you were told you only fulfilled...

Twomey on Constitutional Alteration

Posted on September 16, 2008
Anne Twomey (University of Sydney - Faculty of Law) has posted Constitutional Alteration and the High Court: The Jurisprudence of Justice Callinan (University of Queensland Law Journal, Vol. 27, No. 1, pp. 47-69, 2008) on SSRN. Here is the abstract:This...

Peerenboom & He on Dispute Resolution in China

Posted on September 15, 2008
Randall Peerenboom and Xin He (University of California, Los Angeles - School of Law) has posted Dispute Resolution in China: Patterns, Causes and Prognosis on SSRN. Here is the abstract:Since the reform era began in China in 1978, there have...

Driesen on Sustainable Technology

Posted on September 15, 2008
David M. Driesen (Syracuse University - College of Law) has posted Toward Sustainable Technology (In ECONOMIC THOUGHT AND U.S. CLIMATE CHANGE POLICY, David Driesen ed., MIT Press 2009, �2008) on SSRN. Here is the abstract:This paper offers suggestions for climate...

Smithon Gordely on Private Law

Posted on September 15, 2008
Stephen A. Smith (McGill University - Faculty of Law) has posted Troubled Foundations for Private Law: A Review Essay of 'The Foundations of Private Law' by James Gordley (Canadian Journal of Law and Jurisprudence, Vol. 21, No. 2, 2009) on...

West on Unenumerated Duties

Posted on September 15, 2008
Robin L. West (Georgetown University Law Center) has posted Unenumerated Duties (University of Pennsylvania Journal of Constitutional Law, Vol. 9, p. 221). Here is the abstract:The article aims to make problematic the relative absence of questions about the affirmative duties...

Williams on the War on Terror & Legitimation Crisis

Posted on September 15, 2008
Daniel R. Williams (Northeastern University - School of Law) has posted Averting a Legitimation Crisis and the Paradox of the War on Terror on SSRN. Here is the abstract:Rarely in the war-on-terror literature do we get an attempt to capture...

Lammon on Judicial Politics Scholarship & Naive Realism

Posted on September 15, 2008
Bryan Lammon has posted What We Talk About When We Talk About Ideology: Judicial Politics Scholarship and Naive Legal Realism on SSRN. Here is the abstract:A large and growing body of law and psychology scholarship has posed new challenges to...

Legal Theory Lexicon: Metaethics

Posted on September 14, 2008
Introduction Suppose that we are debating a question in normative legal theory--e.g., whether gay couples should have a constitutional right to marry or whether tort law should replace the negligence standard with strict liability. In debates about what the law...

Legal Theory Bookworm

Posted on September 13, 2008
The Legal Theory Bookworm recommends Legal Reasoning: Collected Essays by Duncan Kennedy. Here is a description:Collected Essays by Duncan Kennedy includes four essays written over a twenty-year span. They present a comprehensive and original account of legal reasoning as done...

Download of the Week

Posted on September 13, 2008
J. Harvie Wilkinson III (United States Court of Appeals for the Fourth Circuit) has posted Of Guns, Abortions, and the Unraveling Rule of Law (Virginia Law Review, forthcoming) on SSRN. Here is the abstract:Conservatives across the nation are celebrating...

Himma on Legal Content & Moral Semantics

Posted on September 12, 2008
Kenneth Einar Himma (Seattle Pacific University) has posted Positivism and Interpreting Legal Content: Does Law Call for a Moral Semantics? (Ratio Juris, forthcoming) on SSRN. Here is the abstract:In a two fascinating papers, Jules Coleman has been considering an idea,...

Sautet on Competition Law

Posted on September 12, 2008
Frederic Sautet (Mercatus Center at George Mason University) has posted The Shaky Foundations of Competition Law (New Zealand Law Journal, pp. 186-190, 2007) on SSRN. Here is the abstract:This paper examines the ideas behind competition law in New Zealand and...

Bulman-Pozen & Gerken on Uncooperative Federaism

Posted on September 12, 2008
Jessica Bulman-Pozen & Heather Gerken (Yale) have posted Uncooperative Federalism on SSRN. Here is the abstract:his essay addresses a gap in the federalism literature. Scholars have offered two distinct visions of federal-state relations. The first depicts states as rivals and...

Madison, Frischmann, and Strandburg on Commons & the Cultural Environment

Posted on September 12, 2008
Michael J. Madison, Brett M. Frischmann and Katherine J. Strandburg (University of Pittsburgh - School of Law , Loyola University of Chicago - Law School and DePaul University - College of Law) have posted Constructing Commons in the Cultural Environment...

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