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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

Michelman on the 2007 Term of the Constitutional Court of South Africa

Posted on September 05, 2008
Frank I. Michelman (Harvard Law School) has posted On the Uses of Interpretive 'Charity': Some Notes on Application, Avoidance, Equality, and Objective Unconstitutionality from the 2007 Term of the Constitutional Court of South Africa on SSRN. Here is the abstract:This...

Ginsburg on Orphan Works

Posted on September 05, 2008
Jane C. Ginsburg (Columbia Law School) has posted Recent Developments in US Copyright Law: Part I - 'Orphan' Works on SSRN. Here is the abstract:This Comment, after a brief review of the nature of the orphan works problem and prior...

Ohlin on Transnational Justice

Posted on September 05, 2008
Jens David Ohlin (Cornell Law School) has posted On the Very Idea of Transitional Justice (Whitehead Journal of Diplomacy and International Relations, Vol. 8, No.1, pp. 51-68, 2007) on SSRN. Here is the abstract:Although "transitional justice" has had an amazingly...

Joo on Yick Wo v. Hopkins

Posted on September 05, 2008
Thomas Wuil Joo (University of California - Davis Law School) has posted Yick Wo Re-Revisited: Nonblack Nonwhites and Fourteenth Amendment History (University of Illinois Law Review, Fall 2008) on SSRN. Here is the abstract:The 1886 Supreme Court case Yick Wo...

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Sloane on International Regulation of Nationality

Posted on September 05, 2008
Robert D. Sloane (Boston University School of Law) has posted Breaking the Genuine Link: The Contemporary International Legal Regulation of Nationality (Harvard International Law Journal, Vol. 50, Forthcoming) on SSRN. Here is the abstract:The concept of nationality serves indispensable functions...

Michaels on European Choice of Law

Posted on September 05, 2008
Ralf Michaels (Duke University - School of Law) has posted The New European Choice-of-Law Revolution (Tulane Law Review, Vol. 82, No. 5, 2008) on SSRN. Here is the abstract:Conflict of laws in Europe was long viewed by outsiders as formalist,...

Lee on Open Science

Posted on September 04, 2008
Peter Lee (University of California, Davis School of Law) has posted Contracting to Preserve Open Science: The Privatization of Public Policy in Patent Law on SSRN. Here is the abstract:Patents on biomedical research tools - technological inputs to experimentation -...

Katz on Smoke-Filled Rooms

Posted on September 04, 2008
Ellen D. Katz (University of Michigan Law School) has posted Smoke-Filled Rooms on SSRN. Here is the abstract:The smoke-filled room is making a comeback. Condemned as a corrupt, anti-democratic means for nominating candidates to public office, the smoke-filled room has...

Heminway on Female Investors

Posted on September 04, 2008
Joan MacLeod Heminway (University of Tennessee College of Law) has posted Female Investors and Securities Fraud: Is the Reasonable Investor a Woman? (William & Mary Journal of Women & Law, Vol. 15) on SSRN. Here is the abstract:This paper extends...

Richardson on Indigenous Peoples & Environmental Governance

Posted on September 04, 2008
Benjamin J. Richardson (York University - Osgoode Hall Law School) has posted The Ties that Bind: Indigenous Peoples and Environmental Governance (Indigenous Peoples and the Law: Comparative and Critical Perspectives, 2009) on SSRN. Here is the abstract:Canvassing practices in many...

Rabin on Tobacco Control

Posted on September 04, 2008
Robert L. Rabin (Stanford Law School) has posted Tobacco Control Strategies: Past Efficacy and Future Promise (Loyola of Los Angeles Law Review, Vol. 41, No. 4, 2008) on SSRN. Here is the abstract:The public health impact of smoking remains as...

First on Netscape & the Microsoft Litigation

Posted on September 04, 2008
Harry First (New York University - School of Law) has posted Netscape is Dead: Remedy Lessons from the Microsoft Litigation on SSRN. Here is the abstract:On March 1, 2008, AOL officially pulled the plug on the Netscape Browser, killing off...

Miller on Impeachable Offenses & Quasi-Criminal Cases

Posted on September 03, 2008
Colin Miller (John Marshall Law School) has posted Impeachable Offenses?: Why Civil Parties in Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under the Felony Impeachment Rule on SSRN. Here is the abstract:With one exception, every Federal Rule of Evidence...

Infanti on Taxing Civil Rights Gains

Posted on September 03, 2008
Anthony C. Infanti (University of Pittsburgh - School of Law) has posted Taxing Civil Rights Gains on SSRN. Here is the abstract:In this article, I take a novel approach to the question of what constitutes a "tax." I argue that...

Sag on Copyright & Copy-Reliant Technology

Posted on September 03, 2008
Matthew J. Sag (DePaul University - College of Law) has posted Copyright and Copy-Reliant Technology on SSRN. Here is the abstract:This article studies the rise of copy-reliant technologies - technologies such as Internet search engines and plagiarism detection software that,...

Corn & Jensen on Regulating Counter-Terrorism Combat

Posted on September 03, 2008
Geoffrey S. Corn and Eric Talbot Jensen (South Texas College of Law and Judge Advocate General's Corps, U.S. Army) have posted Transnational Armed Conflict: A 'Principled' Approach to the Regulation of Counter-Terror Combat Operations on SSRN. Here is the abstract:This...

Markel on Punitive Damages

Posted on September 03, 2008
Dan Markel (Florida State University College of Law) has posted How Should Punitive Damages Work? (University of Pennsylvania Law Review, Vol. 157, 2009) on SSRN. Here is the abstract:What are punitive damages for? In a companion article, I argued that...

Post-Docs for Aspiring Law Professors

Posted on September 02, 2008
Paul Caron has updated his valuable list of post-doc programs for aspiring legal academics, including the Illinois Academic Fellowship Program.

Sunstein on Irreversibility

Posted on September 02, 2008
Cass R. Sunstein (Harvard Law School) has posted Irreversibility (Oxford University Press, Law, Probability and Risk, Forthcoming) on SSRN. Here is the abstract:The concept of "irreversibility" plays a large role in many domains, including public health, medical practice, and environmental...

Cassell on Victims & the Federal Rules of Criminal Procedure

Posted on September 02, 2008
Paul G. Cassell (University of Utah - S.J. Quinney College of Law) has posted Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure (Utah Law Review, Forthcoming) on SSRN. Here is the abstract:Federal courts should treat...

Hasday on Women in the Military and Extrajudicial Constitutional Change

Posted on September 02, 2008
Jill Elaine Hasday (University of Minnesota Law School) has posted Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change (Minnesota Law Review, Vol. 93, No. 1, 2008) on SSRN. Here is the abstract:The Supreme Court in Rostker v. Goldberg (1981)...

Buchanan on Intergenerational Justice

Posted on September 02, 2008
Neil H. Buchanan (George Washington University Law School) has posted What Do We Owe Future Generations? (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract:In the United States, it is common for legal scholars, economists, politicians and others...

Warner on Internet Contracting

Posted on September 02, 2008
Richard Warner (Chicago-Kent College of Law) has posted Turned on its Head?: Norms, Freedom, and Acceptable Terms in Internet Contracting on SSRN. Here is the abstract:Is the Internet turning contract law on its head? Many commentators contend it is. Precisely...

Kilmartin on Free Exercise & Free Speech

Posted on September 02, 2008
Alison M. Kilmartin (Penn State Dickinson School of Law) has posted Free Exercise, Free Speech, and 'Mere Religious Worship' on SSRN. Here is the abstract:On December 4, 1800, there was no objection in the House of Representatives' chamber when the...

Desai on State Genocide Divestment Statutes

Posted on September 01, 2008
Sapna Desai (Cornell University - School of Law) has posted Genocide Funding: The Constitutionality of State Divestment Statutes (Cornell Law Review, Forthcoming) on SSRN. Here is the abstract:This Note argues that given congressional authorization, state statutes mandating divestments in Sudan...

Legal Theory Lexicon: Primary and Secondary Rules

Posted on August 31, 2008
Introduction Most law students begin to notice that there is a fundamental difference between the kinds of legal rules that come up in torts & criminal law, on the one hand, and the sorts of legal rules that arise in...

Legal Theory Bookworm

Posted on August 30, 2008
The Legal Theory Bookworm recommends On the Side of the Angels: An Appreciation of Parties and Partisanship by Nancy L. Rosenblum. Here is a description:Political parties are the defining institutions of representative democracy and the darlings of political science...

Download of the Week

Posted on August 30, 2008
The Download of the Week is Class Certification in the Age of Aggregate Proof by Richard A. Nagareda. Here is the abstract:Few pre-trial motions in our civil justice system elicit as much controversy as those for the certification of class...

Buchanan on Intergenerational Justice

Posted on August 29, 2008
Neil H. Buchanan (George Washington University Law School) has posted What Do We Owe Future Generations? (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract:In the United States, it is common for legal scholars, economists, politicians and others...

Rosenfeld on Constitutional Ordering

Posted on August 29, 2008
Michel Rosenfeld (Cardozo Law School) has posted Rethinking Constitutional Ordering in an Era of Legal and Ideological Pluralism (International Journal of Constitutional Law (I.CON), Vol. 6, Nos.3-4, October 2008) on SSRN. Here is the abstract:We live in an increasingly pluralistic...

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