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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

Modak-Turan on Perry on Human Rights

Posted on August 01, 2008
Mark C. Modak-Truran (Mississippi College - School of Law) has posted Book Review: Michael J. Perry, Toward a Theory of Human Rights: Religion, Law, Courts (2007) (Journal of Religion, Vol. 88, No. 2, p. 257, April 2008) on SSRN. Here...

Vars on Incapacitated Patients & Consent

Posted on August 01, 2008
Fredrick E. Vars (University of Alabama - School of Law) has posted Illusory Consent: When an Incapacitated Patient Agrees to Treatment (Oregon Law Review, Forthcoming) on SSRN. Here is the abstract: Medical treatment requires informed consent, which in turn requires...

Roosevelt on Stare Decisis & Non-Article III Actors

Posted on August 01, 2008
Kermit Roosevelt III (University of Pennsylvania Law School) has posted Polyphonic Stare Decisis: Listening to Non-Article III Actors (Notre Dame Law Review, Vol. 83, 2008) on SSRN. Here is the abstract: This article explores the input that non-Article III actors...

Weisselberg on Terrorism Prosecutions & Domestic Criminal Law & Procedure

Posted on July 31, 2008
Charles D. Weisselberg (University of California, Berkeley - School of Law) has posted Terror in the Courts: Beginning to Assess the Impact of Terrorism-Related Prosecutions on Domestic Criminal Law and Procedure in the USA (Crime, Law and Social Change, Vol...

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Batholomew on Search Engines & Contributory Infringement

Posted on July 31, 2008
Mark Bartholomew (University at Buffalo Law School) has posted Cops, Robbers, and Search Engines: The Role of Criminal Law in Contributory Infringement Doctrine on SSRN. Here is the abstract: Online technologies have created a new litigation locus for intellectual property...

Saldias on the Court of Justice of Andean Community

Posted on July 31, 2008
Osvaldo Sald�as (Humboldt University of Berlin) has posted Supranational Courts as Engines of Disintegration - The Case of the Andean Community on SSRN. Here is the abstract: In times where European doctrines of Direct Effect and Supremacy were well known,...

Barnidge on Islam & Negotiation of Meaning

Posted on July 31, 2008
Robert Perry Barnidge Jr. (University of Reading - School of Law) has posted War and Peace: Negotiating Meaning in Islam (CRITICAL STUDIES ON TERRORISM, Taylor & Francis, 2008) on SSRN. Here is the abstract: This article provides a framework for...

Simson on Rourke v. Department of Correctional Services

Posted on July 31, 2008
Gary J. Simson (Case Western Reserve University - School of Law) has posted Reflections on Free Exercise: Revisiting 'Rourke v. Department of Correctional Services' (Albany Law Review, Vol. 70, p.1425, 2007) on SSRN. Here is the abstract: This contribution to...

Bix on Law & Truth

Posted on July 31, 2008
Brian Bix (University of Minnesota Law School) has posted Will Versus Reason: Truth in Natural Law, Positive Law, and Legal Theory (TRUTH: STUDIES OF A ROBUST PRESENCE, Kurt Pritzl, ed., Catholic University of American Press, 2009) on SSRN. Here is...

Rubin on Law School Support for Faculty Research

Posted on July 30, 2008
Edward L. Rubin (Vanderbilt University - School of Law) has posted Should Law Schools Support Faculty Research? (Journal of Contemporary Legal issues, Vol. 17, 2008) on SSRN. Here is the abstract: Law schools are predominantly financed by student tuition payments,...

Schuck on Tort Reform in New Zealand

Posted on July 30, 2008
Peter H. Schuck (Yale) has posted Tort Reform, Kiwi-Style (Yale Law & Policy Review, Vol. 27, No. 1) on SSRN. Here is the abstract: American legal scholars and social scientists have long been intrigued by New Zealand's accident compensation system,....

Bell on Housing Segregation & Violence

Posted on July 30, 2008
Jeannine Bell (Indiana University School of Law-Bloomington) has posted Hate Thy Neighbor (Ohio State Journal of Criminal Law, Vol. 5, No. 1, 2007) on SSRN. Here is the abstract: This Article addresses one of the consequences of racial segregation in...

Kaplow on Optimal Policy & Heterogenous Preferences

Posted on July 30, 2008
Louis Kaplow (Harvard Law School) has posted Optimal Policy with Heterogeneous Preferences on SSRN. Here is the abstract: Optimal policy rules--including those regarding income taxation, commodity taxation, public goods, and externalities - are typically derived in models with homogeneous preferences...

Book Announcement:

Posted on July 30, 2008
Living Speech Resisting the Empire of Force James Boyd White To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/ titles/8322.html Language is our key to imagining the world, others, and ourselves. Yet sometimes our ways of...

Grimmelmann on Google

Posted on July 30, 2008
James Grimmelmann (New York Law School) has posted The Google Dilemma (New York Law School Law Review) on SSRN. Here is the abstract: Web search is critical to our ability to use the Internet. Whoever controls search engines has enormous...

Schwarcz on Consumer Insurance Disputes

Posted on July 30, 2008
Daniel Schwarcz (University of Minnesota Law School) has posted Towards a New Approach for Resolving Consumer Insurance Disputes on SSRN. Here is the abstract: Much of insurance law and regulation is concerned with compensating consumers who have been wrongly denied...

West on Consent, Law, and Sex

Posted on July 29, 2008
Robin L. West (Georgetown University Law Center) has posted Sex, Law and Consent (THE ETHICS OF CONSENT: THEORY AND PRACTICE, Alan Wertheimer, William Miller eds., Forthcoming) on SSRN. Here is the abstract: The article defends the now fairly conventional liberal...

Brooks on Climate Change & Negative Duties

Posted on July 29, 2008
Thom Brooks (University of Newcastle upon Tyne (UK) - Newcastle Law School) has posted Climate Change and Negative Duties on SSRN. Here is the abstract: It is widely accepted by the scientific community and beyond that human beings are primarily...

Sharkey on Riegel v. Medronic

Posted on July 29, 2008
Catherine M. Sharkey (New York University - School of Law) has posted What Riegel Portends for FDA Preemption of State Law Products Liability Claims (Northwestern University Law Review Colloquy, Vol. 102, p. 415, 2008) on SSRN. Here is the abstract:....

Welcome to the Blogosphere . . .

Posted on July 29, 2008
. . . to Nan Hunter, Hunter of Justice, Michael Heller, Gridock Economy, and Gary Chartier, LiberalLaw.

Peer Review at the South Carolina Law Review

Posted on July 29, 2008
Here is the announcement from their website: The South Carolina Law Review is pleased to announce the launch of a Peer Review Pilot Program for Volume 60. Because we believe the current system of legal scholarship publication may be improved...

Kopel on Heller & Self-Defense

Posted on July 29, 2008
David B. Kopel (Independence Institute) has posted The Natural Right of Self-Defense: Heller's Lesson for the World (Syracuse Law Review, Vol. 58, 2008) on SSRN. Here is the abstract: The U.S. Supreme Court's decision in District of Columbia v. Heller...

Turner on the Burden of Knowledge

Posted on July 29, 2008
Christian Turner (University of Georgia Law School) has posted The Burden of Knowledge (Georgia Law Review, Forthcoming) on SSRN. Here is the abstract: Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there...

Claeys on the National Regulatory State

Posted on July 28, 2008
Eric Claeys (George Mason University School of Law) has posted The National Regulatory State in Progressive Political Theory and Twentieth-Century Constitutional Law (MODERN AMERICA AND THE LEGACY OF THE FOUNDING, Ronald J. Pestritto, Thomas G. West eds...

Thompson on Globally Integrated Corporations

Posted on July 28, 2008
Robert B. Thompson (Vanderbilt University - School of Law) has posted Globally Integrated Corporations as 'Good for the Country': The Impact of Soft Law (Vanderbilt Public Law Research Paper No. 08-35) on SSRN. Here is the abstract: Societal control over...

Weinberg on the End of Citizenship

Posted on July 28, 2008
Jonathan Weinberg (Wayne State University Law School) has posted The End of Citizenship? (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract: This is a review of Peter Spiro's new book "Beyond Citizenship: American Identity After Globalization" (Oxford Univ...

Moran on Tax & Social Justice

Posted on July 28, 2008
Beverly I. Moran (Vanderbilt University - School of Law) has posted Capitalism and the Tax System: A Search for Social Justice on SSRN. Here is the abstract: America is a country founded on ideas. The Enlightenment was one set of...

Conglomerate Junior Scholars Workshop

Posted on July 28, 2008
The Conglomerate Junior Scholars Workshop is up and running and will continue for the next 2 1/2 weeks. Here's the introductory post: http://www.theconglomerate.org/2008/07/fourth-annual-c.html.

Seto on the Call for a Boycott of U.S. News

Posted on July 28, 2008
At TaxProf Blog, check out Seto on the Proposed Boycott of the U.S. News Rankings. Seto's understanding of these issues is deep. See also his Understanding the U.S. News Law School Rankings.

Chang on Immigration and Distributive Justice

Posted on July 28, 2008
Howard F. Chang (University of Pennsylvania Law School) has posted The Immigration Paradox: Alien Workers and Distributive Justice on SSRN. Here is the abstract: The immigration of relatively unskilled workers poses a fundamental problem for liberals...

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