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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

Burris on Stigma & Public Health Ethics

Posted on August 15, 2008
Scott Burris (Temple University - James E. Beasley School of Law) has posted Stigma, Ethics and Policy: A Response to Bayer (Social Science & Medicine, Vol. 67, p. 473, 2008) on SSRN. Here is the abstract: In Stigma and the...

Levy on Judicial Selection in Canada

Posted on August 15, 2008
Ron Levy (Griffith Law School) has posted Judicial Selection: Trust and Reform on SSRN. Here is the abstract: The Ad Hoc Committee to Review a Nominee for the Supreme Court of Canada held unprecedented public hearings in advance of the...

Rifkin on Tax & Regional Cost of Living

Posted on August 15, 2008
Dave Rifkin (Georgetown University - Law Center) has posted Substantive Tax Equity and Adjusting the Income Tax for Regional Cost of Living Differences on SSRN. Here is the abstract: Substantial variations in the cost of living among regions in the...

Anderlini, Felli, and Riboni on Case versus Statute Law

Posted on August 15, 2008
Luca Anderlini , Leonardo Felli and Alessandro Riboni (Georgetown University - Department of Economics , London School of Economics - Department of Economics and University of Montreal - Department of Economics) on SSRN. Here is the abstract:Statute Law or Case...

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Laudan on Affirmative Defenses

Posted on August 15, 2008
Larry Laudan (Instituto de Investigaciones Filosoficas and University of Texas School of Law) has posted Legal Epistemology: The Anomaly of Affirmative Defenses on SSRN. Here is the abstract: This paper explores the tension between the official assignment of the burden...

Denno on Lethal Injection

Posted on August 15, 2008
Deborah W. Denno (Fordham University School) has posted The Lethal Injection Debate: Law and Science (Fordham Urban Law Journal, Vol. 35, No. 701, 2008) on SSRN. Here is the abstract: On April 16, 2008, for the first time in decades,...

Book Announcement: O'Connell & Robinette on Tort Reform

Posted on August 14, 2008
A Recipe for Balanced Tort Reform - Early Offers with Swift Settlements by Jeffrey O'Connell and Chris Robinette: This book begins with detailed and evocative accounts of the workings of several actual personal injury cases with all their turbulence and...

Li on Law, Norms, and International Trade Dispute Resolution

Posted on August 14, 2008
Ji Li (Northwestern University and Yale Law School) has posted Law and Social Norms: An Empirical Study of the Control Mechanism in International Trade Dispute Resolution on SSRN. Here is the abstract: This paper explores the impact of domestic social...

O'Connell on International Law & Force

Posted on August 14, 2008
Mary Ellen O'Connell (Notre Dame Law School) has posted Preserving the Peace: The Continuing Ban on War between States (California Western International Law Journal, Vol. 38, No. 1, 2008) on SSRN. Here is the abstract: The history of international law...

Rosenblum on Loving and Gender Inequality Remedies

Posted on August 14, 2008
Darren Rosenblum (Pace Law School) has posted Loving Gender Balance: Reframing Identity-Based Inequality Remedies (Fordham Law Review) on SSRN. Here is the abstract: The egalitarian voice of the United States Supreme Court resonates forty years after it abolished anti-miscegenation laws...

Yoo & Spulber on Broadband Internet Access

Posted on August 13, 2008
Christopher S. Yoo and Daniel F. Spulber (University of Pennsylvania Law School and Northwestern University - Kellogg School of Management) have posted Rethinking Broadband Internet Access on SSRN. Here is the abstract: The emergence of broadband Internet technologies, such as...

Redish & Mollen on Post & Meiklejohn on Free Expression

Posted on August 13, 2008
Martin H. Redish and Abby Marie Mollen (Northwestern University - School of Law and United States Court of Appeals for the District of Columbia Circuit) have posted Understanding Post's and Meiklejohn's Mistakes: The Central Role of Adversary Democracy in the...

Podolnjak on the Small States & Constitutionalism in the U.S. & Europe

Posted on August 13, 2008
Robert Podolnjak (Zagreb Law Faculty) has posted Small States and Constitution Making: The Causes of Different Outcomes in the Philadelphia and Convention on the Future of Europe on SSRN. Here is the abstract: The theme of this paper is analysis...

Myers on Corporate Special Litigation Committees

Posted on August 13, 2008
Minor Myers (Brooklyn Law School) has posted The Decisions of Corporate Special Litigation Committees: An Empirical Investigation on SSRN. Here is the abstract: This Article examines the decisions of corporate special litigation committees using an original data set gathered from...

Simon on Green on Academic Expert Witnesses

Posted on August 13, 2008
William H. Simon (Stanford Law School) has posted Transparency is the Solution, Not the Problem: A Reply to Bruce Green on SSRN. Here is the abstract: This article replies to Bruce Green's critical response to my essay The Market for...

Marcantel on Hall Street Associates v. Mattel

Posted on August 13, 2008
Jonathan A. Marcantel (Charleston School of Law) has posted The Crumbled Difference between Legal and Illegal Arbitration Awards: Hall Street Associates and the Waning Public Policy Exception on SSRN. Here is the abstract: As a matter of general contract law,...

Stephenson & Nzelibe on Alternative Institutional Regimes

Posted on August 12, 2008
Matthew Stephenson and Jide Nzelibe (Harvard University - Harvard Law School and Northwestern University - School of Law) have posted Political Accountability Under Alternative Institutional Regimes on SSRN. Here is the abstract: We analyze the interaction between electoral accountability and...

Ben-Shahar on "Opportunity to Read" & Contract

Posted on August 12, 2008
Omri Ben-Shahar (University of Chicago Law School) has posted The Myth of the 'Opportunity to Read' in Contract Law on SSRN. Here is the abstract: Standard form contracts in consumer transactions are usually not read by consumers. This "unreadness" of...

Heriot on Law School Affirmative Action

Posted on August 12, 2008
Gail L. Heriot (University of San Diego - School of Law) has posted Affirmative Action in American Law Schools (Journal of Contemporary Legal issues, Vol. 17, 2008) on SSRN. Here is the abstract: The United States Commission on Civil Rights...

Hodgson & Jiang on Economics & Corruption

Posted on August 12, 2008
Geoffrey Hodgson and Shuxia Jiang (University of Hertfordshire and Xiamen University) have posted The Economics of Corruption and the Corruption of Economics: An Institutionalist Perspective (Revista de Econom�a Institucional, Vol. 10, No. 18, First Semester, 2008) on SSRN...

Wang on Functional Structuring of Legal Education

Posted on August 12, 2008
William K.S. Wang (University of California, Hastings College of the Law) has posted The Restructuring of Legal Education Along Functional Lines (Journal of Contemporary Legal issues, Vol. 17, 2008) on SSRN. Here is the abstract: Currently, law schools tie together...

Haney on Capital Mitigation

Posted on August 11, 2008
Craig Haney (University of California Santa Cruz) has posted Evolving Standards of Decency: Advancing the Nature and Logic of Capital Mitigation (Hofstra Law Review, Vol. 36, No. 3, 2008) on SSRN. Here is the abstract: This article appears in the...

Nuttall on Student Speech

Posted on August 11, 2008
Sean R. Nuttall (New York University - School of Law) has posted Rethinking the Academic Narrative on Judicial Deference in Student Speech Cases (New York University Law Review, Vol. 83, No. 4, 2008) on SSRN. Here is the abstract: This...

Ghias on Judicial Independence in Pakistan

Posted on August 11, 2008
Shoaib A. Ghias (University of California, Berkeley, School of Law) has posted Miscarriage of Chief Justice: Lawyers, Media, and the Struggle for Judicial Independence in Pakistan on SSRN. Here is the abstract: Pakistan is going through a historic constitutional and...

Koller on Athlete's Constitutional Rights

Posted on August 11, 2008
Dionne L. Koller (University of Baltimore - School of Law) has posted How the United States Government Sacrifices Athletes' Constitutional Rights in the Pursuit of National Prestige (Brigham Young University Law Review, 2008) on SSRN. Here is the abstract: This...

Vandenbergh on Carbon Emissions

Posted on August 11, 2008
Michael P. Vandenbergh (Vanderbilt University - School of Law) has posted Invididual Carbon Emissions: The Low-Hanging Fruit (UCLA Law Review, Vol. 55, 2008) on SSRN. Here is the abstract: The individual and household sector generates roughly 30 to 40 percent...

Lawksy on Tax & Uncertainty

Posted on August 11, 2008
Sarah Lawsky (George Washington) has posted Probably? Understanding Tax Law's Uncertainty on SSRN. Here is the abstract: This Article analyzes the meaning of probability statements in tax law and in scholarship addressing civil tax penalties. Specifically, the Article draws on...

Legal Theory Lexicon: Indeterminacy

Posted on August 10, 2008
Introduction It all depends on your first year section, but many law students begin to get a sinking feeling about the law early in their first year. Does the law actually make any difference to the way cases are decided?...

Legal Theory Bookworm

Posted on August 09, 2008
The Legal Theory Bookworm recommends Experimental Philosophy by Joshua Knobe. Here is a description: Experimental philosophy is a new movement that seeks to return the discipline of philosophy to a focus on questions about how people actually think and feel...

Download of the Week

Posted on August 09, 2008
The Download of the Week is Liberty and Equality by Arthur Ripstein. Here is the abstract: More than two decades ago, Ronald Dworkin described equality as "a popular but mysterious political ideal." More recently he described it as the "endangered...

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