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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

First on State Antitrust Enforcement

Posted on August 08, 2008
Harry First (New York University - School of Law) has posted Making the Best of a Good Situation: Modernizing State Antitrust Enforcement (Antitrust Bulletin, Forthcoming) on SSRN. Here is the abstract: In 2001 Congressman F. James Sensenbrenner introduced the bill...

Hodas & Mumma on Climate Change & Human Development

Posted on August 08, 2008
David Hodas and Albert Mumma (Widener University - School of Law and University of Nairobi) have posted Designing a Global Post-Kyoto Climate Change Protocol that Advances Human Development (Georgetown International Environmental Law Review) on SSRN. Here is the abstract: This...

Bingham on Collaborative Governance

Posted on August 08, 2008
Lisa Blomgren Bingham (Indiana University Bloomington - School of Public & Environmental Affairs) has posted Collaborative Governance: Emerging Practices and the Incomplete Legal Framework for Citizen and Stakeholder Voice (Hastings Annual Law Review, Vol...

First on Antitrust Civil Penalties

Posted on August 08, 2008
Harry First (New York University - School of Law) has posted The Case for Antitrust Civil Penalties (Antitrust Law Journal, Forthcoming) on SSRN. Here is the abstract: Federal antitrust law currently lacks one potentially useful remedy - civil penalties...

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Cavo on Weissman v. NASD

Posted on August 08, 2008
Andrew J. Cavo (Cornell Law School) has posted Weissman v. National Association of Securities Dealers: A Dangerously Narrow Interpretation of Absolute Immunity for Self-Regulatory Organizations on SSRN. Here is the abstract: In Weissman v. National Association of Securities Dealers, the...

Shapiro on Murphy on Controlling Administrative Power

Posted on August 08, 2008
Sidney A. Shapiro and Richard W. Murphy (Wake Forest University School of Law and William Mitchell College of Law) have posted Eight Things Americans Can't Figure Out About Controlling Administrative Power (American Law Review, Vol. 60, 2008) on SSRN...

Pritchard on Stoneridge Investment Partners v. Scientific-Atlanta

Posted on August 07, 2008
Adam C. Pritchard (University of Michigan Law School) has posted Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc.: The Political Economy of Securities Class Action Reform (Cato Supreme Court Review, Forthcoming) on SSRN. Here is the abstract: Stoneridge is the latest...

Owens on Rationalism & Obligation

Posted on August 07, 2008
David Owens (University of Sheffield) has posted Rationalism About Obligation on SSRN. Here is the abstract: This paper considers whether having an obligation to do something involves having a special kind of reason to do it. I focus on those...

Colon-Rios on Weak Constitutionalism

Posted on August 07, 2008
Joel I Colon-Rios (Osgoode Hall Law School) has posted What is Left of Democracy in 'Constitutional Democracy'? Or Towards a 'Weak Constitutionalism' on SSRN. Here is the abstract: Democracy and constitutionalism are not the same thing. Although it may appear...

McGeveran on Trademark Fair Use

Posted on August 06, 2008
William McGeveran (University of Minnesota Law School) has posted Rethinking Trademark Fair Use (Iowa Law Review, Vol. 94, 2008) on SSRN. Here is the abstract: The ever-expanding scope and strength of trademark rights has caused justifiable fears of a threat...

Bruce on the Economics of Wrongful Life

Posted on August 06, 2008
Christopher J. Bruce (University of Calgary - Economics) has posted A Womb with (An)other View: An Economic Analysis of the Wrongful Birth Doctrine on SSRN. Here is the abstract: In what have come to be known as "wrongful birth" or...

Depoorter & De Mot on Technology & Torts

Posted on August 05, 2008
Ben Depoorter and Jef De Mot (University of Miami - School of Law and Ghent University - Faculty of Law) have posted Technology & Torts: A Theory of Memory Costs, Nondurable Precautions and Interference Effects on SSRN. Here is the...

Slobogin on Replacing the Insanity Defense

Posted on August 05, 2008
Christopher Slobogin (Vanderbilt University - School of Law) has posted Replacing the Special Defense of Insanity with Subjectively Defined Standard Defenses on SSRN. Here is the abstract: On the assumption that the predominating guidepost of the criminal law is blameworthiness,...

Ripstein on Dworkin

Posted on August 05, 2008
Arthur Ripstein (University of Toronto - Faculty of Law) has posted Anti-Archimedieanism (RONALD DWORKIN, Arthur Ripstein, ed., pp. 1-21, Cambridge: Cambridge University Press, 2007) on SSRN. Here is the abstract: Ronald Dworkin occupies a distinctive place in both public life...

Haber, Kieff, and Paredes on Property Rights in Finance & Innovation

Posted on August 05, 2008
Stephen Haber , F. Scott Kieff and Troy A. Paredes () have posted On the Importance to Economic Success of Property Rights in Finance and Innovation on SSRN. Here is the abstract: This Essay surveys recent developments across the fields...

Berry on Procedural Exceptionalism & the Death Penalty

Posted on August 05, 2008
William W. Berry III (University of Mississippi School of Law) has posted American Procedural Exceptionalism: A Deterrent or Catalyst for Death Penalty Abolition? (Cornell Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract: This article offers...

Bodie on Labor & Private Equity

Posted on August 05, 2008
Matthew T. Bodie (Saint Louis University School of Law) has posted Mother Jones Meets Gordon Gekko: The Complicated Relationship between Labor and Private Equity (Colorado Law Review, Vol. 79, No. 4) on SSRN. Here is the abstract: In 2007 private...

Haunss & Kohlmorgen on Collective Action Networks & IP Claims

Posted on August 04, 2008
Sebastian Haunss and Lars Kohlmorgen have posted Conflicts About Intellectual Property Claims: The Role and Function of Collective Action Networks on SSRN. Here is the abstract: The outcomes of two recent policy conflicts about two EU directives on intellectual property...

West on Positive Rights & Politics

Posted on August 04, 2008
Robin L. West (Georgetown University Law Center) has posted Ennobling Politics (LAW AND DEMOCRACY IN THE EMPIRE OF FORCE, H. Jefferson Powell, James Boyd White eds., Univ. of Michigan Press, Forthcoming) on SSRN. Here is the abstract: The article discusses...

Harrison on Happiness, Decisional Equity, and Normative Legal Theory

Posted on August 04, 2008
Jeffrey Lynch Harrison (University of Florida - Fredric G. Levin College of Law) has posted Happiness, Efficiency, and the Promise of Decisional Equity: From Output to Process on SSRN. Here is the abstract: Those who resist the teachings of law...

Bergelson on Consent to Harm

Posted on August 04, 2008
Vera Bergelson (Rutgers, The State University of New Jersey - School of Law) has posted Consent to Harm (Pace Law Review, Forthcoming) on SSRN. Here is the abstract: This article continues conversation about consent to physical harm started in Vera...

Mutua on Transitional Justice & Gender-Based Violence

Posted on August 04, 2008
Makau W. Mutua (University at Buffalo Law School, SUNY) has posted Transitional Justice in Sexual and Gender-Based Violence on SSRN. Here is the abstract: Transitional justice concepts have hitherto paid little to no attention to gender as an important consideration...

Conference Announcement: Horwitz at Harvard

Posted on August 04, 2008
Harvard Law School The Harvard Civil Rights-Civil Liberties Law Review The Illinois Legal History Program Are pleased to announce: A Conference in Honor of Professor Morton Horwitz Harvard Law School September 26 & 27, 2008 This conference is free and...

Chiesa on Personhood & Victimhood

Posted on August 04, 2008
Luis E. Chiesa (Pace University School of Law) has posted Of Persons and the Criminal Law: (Second Tier) Personhood as a Prerequisite for Victimhood on SSRN. Here is the abstract: This article examines the implications of the Michael Vick case...

Legal Theory Lexicon: Strict Construction & Judicial Acitivism

Posted on August 03, 2008
Introduction This entry in the Legal Theory Lexicon is a bit unusual. Rather than explicating concepts that are important to legal theory, the point of this post is to debunk two concepts that (arguably) are unimportant (or even meaningless), strict....

Legal Theory Bookworm

Posted on August 02, 2008
The Legal Theory Bookworm recommends Law and the Long War: The Future of Justice in the Age of Terror by Benjamin Wittes. Here is a description: Six years after the September 11 attacks, America is losing a crucial front in...

Download of the Week

Posted on August 02, 2008
The Download of the Week is Polyphonic Stare Decisis: Listening to Non-Article III Actors by Kermit Roosevelt III. Here is the abstract: This article explores the input that non-Article III actors can and should have in the Supreme Court's decision...

Dillard on the Right to Procreate

Posted on August 01, 2008
Carter Dillard (New York University School of Law) has posted Rethinking the Procreative Right (Yale Human Rights and Development Law Journal, Vol. 10, p. 1, 2007) on SSRN. Here is the abstract: Few principles are as universally accepted in legal...

Greabe on Constitutional Tort Law

Posted on August 01, 2008
John Greabe (Vermont Law School) has posted A Better Path for Constitutional Tort Law on SSRN. Here is the abstract: The Supreme Court has repeatedly said that 42 U.S.C. section 1983 is not substantive. But at the same time, the...

Buscaglia on Expected Punishment & Organized Crime

Posted on August 01, 2008
Edgardo Buscaglia (International Law and Economic Development Center) has posted The Paradox of Expected Punishment: Legal and Economic Factors Determining Success and Failure in the Fight Against Organized Crime (Review of Law and Economics, Vol. 3, pp...

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