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Academic

Legal Theory Blog 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

Recent Entries: 5612

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Krimnus on Foreign Equivalents & Trademark

Posted on January 05, 2011
Serge Krimnus (Brooklyn Law School) has posted The Doctrine of Foreign Equivalents at Death's Door (North Carolina Journal of Law and Technology, Vol. 12, No. 1, Fall 2010) on SSRN. Here is the abstract: The Federal Circuit, the Patent Office,...


Sunder on Copyright, Hollywood, & Bollywood

Posted on January 05, 2011
Madhavi Sunder (University of California, Davis - School of Law) has posted Bollywood/Hollywood (Theoretical Inquiries in Law, Vol. 12, p. 179, 2011) on SSRN. Here is the abstract: Free flow of culture is not always fair flow of culture. A...


Bartrum on Nonpublic Reasons & Political Paradigm Shifts

Posted on January 05, 2011
Ian C. Bartrum (Drake Law School) has posted Nonpublic Reasons and Political Paradigm Change (St. John's Law Review, Forthcoming) on SSRN. Here is the abstract: John Rawls famously argued that citizens in a just democracy have a moral duty to...


Taylor on Coker on War & Risk

Posted on January 05, 2011
N.A.J. Taylor (University of Queensland; Taylor McKellar) has posted Book Review: 'War in an Age of Risk', by Christopher Coker (Australian Journal of International Affairs, Forthcoming) on SSRN. Here is the abstract: Sociologists such as Anthony Giddens and Ulrich Beck...


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Beermann on Paul on Presidential Term Limits

Posted on January 04, 2011
Jack Michael Beermann (Boston University School of Law) has posted A Skeptical View of a Skeptical View of Presidential Term Limits (Connecticut Law Review, Vol. 43, 2011) on SSRN. Here is the abstract: Dean Jeremy Paul is concerned that the...


Klien on Libel Tourism

Posted on January 04, 2011
Andrew R. Klein (Indiana University School of Law) has posted Some Thoughts on Libel Tourism (Pepperdine Law Review, Vol. 38, p. 101, 2010) on SSRN. Here is the abstract: This paper addresses the topic of ?libel tourism,? a phrase used...


Book Announcement: The Real World of Democratic Theory by Shapiro

Posted on January 04, 2011
The Real World of Democratic Theory Ian Shapiro To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9355.html In this book Ian Shapiro develops and extends arguments that have established him as one of today's leading democratic theorists...


Anton & Urbas on Assange, Wikileaks, and the Australian Criminal Code

Posted on January 04, 2011
Donald K. Anton and Gregor Urbas (Australian National University (ANU) - College of Law and Australian National University (ANU) - College of Law) have posted Why Julian Assange May Have a Case to Answer in Australia, Despite What the AFP...


Cohn on Political Questions & Justiciability in the US, UK, & Israel

Posted on January 04, 2011
Margit Cohn (Hebrew University, Faculty of Law and Federmann School of Public Policy and Hebrew University of Jerusalem, School of Public Policy, Faculty of Social Sciences) has posted Form, Formula and Constitutional Ethos: The Political Question/Justiciability Doctrine in Three Common...


Deal on Ellickson on Whaling Norms & Law

Posted on January 04, 2011
Robert Deal (Marshall University) has posted The Judicial Invention of Property Norms: Ellickson?s Whalemen Revisited on SSRN. Here is the abstract: Robert C. Ellickson has argued that whalemen developed norms to settle arguments over contested whales...


Chesterman on State-Building

Posted on January 04, 2011
Simon Chesterman (New York University - School of Law, Singapore Programme; National University of Singapore - Faculty of Law) has posted State-Building, the Social Contract, and the Death of God (Future of Statebuilding: Ethics, Power and Responsibility in International Relations...


Levitin & Twomey on Agency Problems & Mortgage Servicing

Posted on January 03, 2011
Adam J. Levitin and Tara Twomey (Georgetown University Law Center and National Consumer Law Center) have posted Mortgage Servicing (Yale Journal on Regulation, Vol. 28, No. 1, 2011) on SSRN. Here is the abstract: This Article argues that a principal-agent...


Baines on Constitutionalism & Intersectional Feminism

Posted on January 03, 2011
Beverley Baines (Queen's University - Faculty of Law(Queen's University - Faculty of Law) has posted Is Constitutionalism Bad for Intersectional Feminists? (Penn State International Law Review, Vol. 28, p. 427, 2010) on SSRN. Here is the abstract: Since Canada adopted...


Pildes on the "Majoritarian" Supreme Court

Posted on January 03, 2011
Richard H. Pildes (New York University School of Law) has posted Is the Supreme Court a 'Majoritarian' Institution? (Supreme Court Review, Vol. 2010) on SSRN. Here is the abstract: In recent years, a number of scholars have argued that the...


Pollard-Sacks on Snyder v. Phelps

Posted on January 03, 2011
Deana Pollard-Sacks (Texas Southern University - Thurgood Marshall School of Law) has posted Snyder v. Phelps: A Prediction Based on Oral Arguments and the Supreme Court's Established Speech-Tort Jurisprudence (Cardozo Law Review de Novo, p. 418, 2010) on SSRN...


Shah on the Shari'a Debate in the UK

Posted on January 03, 2011
Prakash Shah (Queen Mary University of London, School of Law) has posted A Reflection on the Shari?a Debate in Britain (Studia z Prawa Wyznaniowego (Studies of Ecclesiastical Law), Vol. 13, pp. 71-98, 2010) on SSRN. Here is the abstract: The...


Legal Theory Lexicon: Concepts & Conceptions

Posted on January 02, 2011
Introduction Some ideas seem to be endlessly debated. We might all agree that "justice" is a good thing, but some of us think that justice boils down to counting the utility of each individual equally, while others think that justice...


Legal Theory Bookworm Highlights of 2010

Posted on January 01, 2011
Ten of my favorite books from 2010's Legal Theory Bookworm in alphabetical order: Rousseau: A Free Community of Equals by Joshua Cohen The Endurance of National Constitutions by Zachary Elkins, Tom Ginsburg, & James Melton A Republic of Statutes: The...


Downloads of the Year

Posted on January 01, 2011
Ten of my favorite papers from 2010 in alphabetical order: The Reconstruction Power by Jack M. Balkin Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional by Randy E. Barnett The Wages of Stealth Overruling (With Particular Attention...


Aoki on Creativity, Copyright, and Comics

Posted on January 01, 2011
Keith Aoki (University of California, Davis - School of Law) has posted Pictures within Pictures (Ohio North University Law Review, Vol. 36, 2010) on SSRN. Here is the abstract: This is a meditation on the creative process, copyright law, and...


Menendez & Fossum on Constitutional Synthesis & the EU

Posted on December 31, 2010
Agustin J. Menendez and John Erik Fossum (Universidad de Leon and University of Oslo - Advanced Research on the Europeanisation of the Nation State) have posted The Theory of Constitutional Synthesis: A Constitutional Theory for a Democratic European Union (THE...


Nowlan on Hindsight Bias

Posted on December 31, 2010
Aileen Elizabeth Nowlan (Yale University - Law School) has posted Living with Hindsight Bias on SSRN. Here is the abstract: The reasonable man, through the Law and Economics movement, has recently taken up the features of homo economicus, the rational,...


Simons on the Typology of Moral & Criminal Law Norms

Posted on December 31, 2010
Kenneth W. Simons (Boston University - School of Law) has posted Understanding the Topography of Moral and Criminal Law Norms (PHILOSOPHICAL FOUNDATIONS OF CRIMINAL LAW, R.A. Duff, Stuart P. Green, eds., Oxford University Press, 2011) on SSRN. Here is the...


Redding on Spiro on Citizenship

Posted on December 31, 2010
Jeff Redding (Saint Louis University School of Law) has posted Beyond Exclusion: A Review of Peter J. Spiro?s 'Beyond Citizenship' (Minnesota Law Review Headnotes, Vol. 95, p. 29, 2010) on SSRN. Here is the abstract: In a disorienting world where...


Feldman on Law's Conception of Science

Posted on December 31, 2010
Robin Cooper Feldman (University of California Hastings College of Law) has posted Historic Perspectives on Law & Science (Stanford Technology Law Review, p. 1, 2009) on SSRN. Here is the abstract: Law has had a long and troubled relationship with...


O'Rourke on Amending the Clean Air Act

Posted on December 31, 2010
Kevin O'Rourke (Vermont Law School) has posted The Long Road to Clean Air: An Argument for Greater Efficiency through Amendments to the Clean Air Act on SSRN. Here is the abstract: In passing broad and sweeping legislation to regulate industry...


Bianchi on Textual Interpretation & International Law

Posted on December 30, 2010
Andrea Bianchi (Graduate Institute of International and Development Studies) has posted Textual Interpretation and (International) Law Reading: The Myth of (in) Determinacy and the Genealogy of Meaning (MAKING TRANSNATIONAL LAW WORK IN THE GLOBAL ECONOMY - ESSAYS IN HONOUR OF...


Follesdal on the Role of Normative Political Theory & the EU

Posted on December 30, 2010
Andreas Follesdal (University of Oslo) has posted Handmaiden, Gadfly, Midwife? The Roles of Normative Political Theory on SSRN. Here is the abstract: The present paper considers the role of normative political theory and its relationships to empirical social science research,...


Grynberg on Individual Property Rights & Copyright

Posted on December 30, 2010
Michael Grynberg (Oklahoma City University) has posted Property is a Two-Way Street: Personal Copyright Use and Implied Authorization (Fordham Law Review Vol. 79, No. 2, 2010) on SSRN. Here is the abstract: When we use the Internet, we know that...


Bagley on Agency Preemption & the Subprime Crisis

Posted on December 30, 2010
Nicholas Bagley (University of Michigan Law School) has posted Agency Preemption and the Subprime Crisis on SSRN. Here is the abstract: A few years before the subprime mortgage market collapsed, several states began to notice a dramatic increase in the...


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