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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

Chin on McCain & the "Natural Born Citizen" Clause & a Comment

Posted on July 14, 2008
Gabriel J. Chin (University of Arizona James E. Rogers College of Law Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship on SSRN. Here is the abstract: Senator McCain was born in 1936...

Brummer on Incomplete Club Goods & Regional Trade Organizations

Posted on July 14, 2008
Chris Brummer (Vanderbilt University - School of Law) has posted Regional Integration and Incomplete Club Goods: A Trade Perspective (Chicago Journal of International Law, Vol. 8, No. 2, 2008) on SSRN. Here is the abstract: Despite their popularity, regional organizations...

Huscroft on "Living Tree Interpretation"

Posted on July 14, 2008
Grant Huscroft (University of Western Ontario - Faculty of Law) has posted The Trouble with Living Tree Interpretation (University of Queensland Law Journal, Vol. 3) on SSRN. Here is the abstract: The Supreme Court of Canada interprets the Canadian Charter...

Greif on Contracts Among the Maghribi Traders

Posted on July 14, 2008
Avner Greif (Stanford University) has posted Contract Enforcement and Institutions Among the Maghribi Traders: Refuting Edwards and Ogilvie on SSRN. Here is the abstract: Edwards and Ogilvie (2008) dispute the empirical basis for the view (Greif, e.g...

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Barak-Erez on Feminism, Citizenship, and Armed Service

Posted on July 14, 2008
Daphne Barak-Erez (Tel Aviv University - Buchmann Faculty of Law) has posted The Feminist Battle for Citizenship: Between Combat Duties and Conscientious Objection (Cardozo Journal of Law & Gender , Vol 13, p. 531, October 2007) on SSRN. Here is...

Legal Theory Lexicon: Fit and Justification

Posted on July 13, 2008
Introduction In 1975, Ronald Dworkin wrote Hard Cases (88 Harvard Law Review 1057 (1975) reprinted in Ronald Dworkin, Taking Rights Seriously ch 4 (Harvard University Press, 1977)). This is one of the most famous and influential articles in contemporary legal...

Legal Theory Bookworm

Posted on July 12, 2008
The Legal Theory Bookworm recommends Religion and the Constitution: Volume 2: Establishment and Fairness by Kent Greenawalt. Here is a description: Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers,...

Download of the Week

Posted on July 12, 2008
The Download of the Week is The Federal Marriage Amendment and the False Promise of Originalism by Thomas Colby. Here is the abstract: This Article approaches the originalism debate from a new angle - through the lens of the recently...

Winick on Therpeutic Jurisprudence & Coercion

Posted on July 11, 2008
Bruce J. Winick (University of Miami School of Law) has posted A Therapeutic Jurisprudence Approach to Dealing with Coercion in the Mental Health System (Psychiatry, Psychology and Law, Vol. 15, pp. 25-39, 2008) on SSRN. Here is the abstract: This...

Pierce on Permissible Factors in Agency Decisionmaking

Posted on July 11, 2008
Richard J. Pierce Jr. (George Washington University Law School) has posted What Factors Can an Agency Consider in Making a Decision? (Michigan State Law Review, Forthcoming) on SSRN. Here is the abstract: In State Farm, the Supreme Court said that...

Stigall on the Iraqi Civil Code & Displaced Persons

Posted on July 11, 2008
Dan E. Stigall (U.S. Army JAG Corps) has posted Of 'Principles' and Property Law: the Iraqi Civil Code and its Compatibility with International Standards for the Treatment of Displaced Persons on SSRN. Here is the abstract: A recent report by...

D'Amato on Binding International Law

Posted on July 11, 2008
Anthony D'Amato (Northwestern University - School of Law) has posted Why is International Law Binding? on SSRN. Here is the abstract: Many writers believe that international law is precatory but not "binding" in the way domestic law is binding. Since...

Fletcher & Chiesa on Self-Defense & Psychotic Aggressors

Posted on July 11, 2008
George P. Fletcher and Luis E. Chiesa (Columbia Law School and Pace University School of Law) have posted Self-Defense and the Psychotic Aggressor (CRIMINAL LAW CONVERSATIONS, Robinson, Ferzan, Garvey, eds., 2008) on SSRN. Here is the abstract: This brief essay,...

Satterthwaite on Rendition

Posted on July 11, 2008
Margaret L. Satterthwaite (New York University - School of Law) has posted From Rendition to Justice to Rendition to Torture: Informal Transfer under International Law and the Prospects of Enforcement in U.S. Courts on SSRN. Here is the abstract: The...

More on Colby on the Federal Marriage Amendment & Originalism

Posted on July 10, 2008
I posted early on Thomas Colby's fine paper on the Federal Marriage Amendment and originalism. Colby suggests that I might post some additional excerpts from the paper, which make the nature of his argument clearer, and I am very grateful...

Lee on Heller & Copyright

Posted on July 10, 2008
Edward Lee (Ohio State Law) has posted Guns and Speech Technologies: How the Right to Bear Arms Affects Copyright Regulations of Speech Technologies on SSRN. Here is the abstract: This Essay examines the possible effect the Supreme Court's landmark Second...

Parlow on Local Progressivism & Federalism

Posted on July 10, 2008
Matthew J. Parlow (Marquette University Law School) has posted Progressive Policy-Making on the Local Level: Rethinking Traditional Notions of Federalism (Temple Political & Civil Rights Law Review, Vol. 17, p.101, 2008) on SSRN. Here is the abstract: Due, in part,...

Mutua on Human Rights in Africa

Posted on July 10, 2008
Makau W. Mutua (University at Buffalo Law School, SUNY) has posted Human Rights in Africa: The Limited Promise of Liberalism (African Studies Review, Vol. 51, No. 1, pp. 17-39, April 2008) on SSRN. Here is the abstract: This article takes...

New Draft of Lash on the Eleventh Amendment

Posted on July 10, 2008
Kurt T. Lash (Loyola Law School Los Angeles) has posted a new version of Leaving the Chisholm Trail: The Eleventh Amendment and the Background Principle of Strict Construction. I've already posted the abstract, but here is an excerpt from the...

Wildenthal on the Bill of Rights, the 14th, and Originalism

Posted on July 10, 2008
Bryan H. Wildenthal (Thomas Jefferson School of Law) has posted Nationalizing the Bill of Rights: Revisiting the Original Understanding of the Fourteenth Amendment in 1866-67 (Ohio State Law Journal, Vol. 68, No. 6, p. 1509, 2007) on SSRN. Here is...

Engle on European Law in American Courts

Posted on July 10, 2008
Eric Engle (Universit�t Bremen) has posted European Law in American Courts: Foreign Law as Evidence of Domestic Law (Ohio Northern University Law Review, Vol. 33, No. 99, 2007) on SSRN. Here is the abstract: Explains the possibilties and limits of...

Colby on Originalism & the Federal Marriage Amendment

Posted on July 09, 2008
Thomas Colby (George Washington University Law School) has posted The Federal Marriage Amendment and the False Promise of Originalism (Columbia Law Review, Vol. 108, p. 529, 2008) on SSRN. Here is the abstract: This Article approaches the originalism debate from...

Bilz & Nadler on Law, Psychology, and Morality

Posted on July 09, 2008
Kenworthey Bilz and Janice Nadler (Northwestern University - School of Law and Northwestern University School of Law) have posted Law, Psychology & Morality (MORAL COGNITION AND DECISION MAKING, D. Medin, L. Skitka, C. W. Bauman, & D. Bartels, eds., Academic...

Gulati & Benjamin on Disclosure of Nominations by Presidential Candidates

Posted on July 09, 2008
G. Mitu Gulati (Duke University - School of Law) & Stuart Minor Benjamin (Duke University School of Law) have posted Mr. Presidential Candidate: Whom Would You Nominate? on SSRN. Here is the abstract: Presidential candidates compete on multiple fronts for...

Delgado on Selective Prosecution

Posted on July 09, 2008
Richard Delgado (University of Pittsburgh - School of Law) has posted Of Cops and Bumper Stickers: Notes Toward a Theory of Selective Prosecution (Syracuse Law Review, Vol. 57, p. 175, 2007) on SSRN. Here is the abstract: The author, Professor...

Minzner on Probable Cause & Probability

Posted on July 09, 2008
Max Minzner (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Putting Probability Back into Probable Cause on SSRN. Here is the abstract: When deciding whether baseball players are likely to get a hit, we look at their...

Barrett on Trademark Use

Posted on July 09, 2008
Margreth Barrett (University of California, San Francisco - Hastings College of the Law) has posted Finding Trademark Use: The Historical Foundation for Limiting Infringement Liability to Uses "in the Manner of a Mark" (Wake Forest Law Review, Vol. 43, No...

Halpin on MacCormick on Conceptual Analysis & Methodology

Posted on July 08, 2008
Andrew Halpin (Swansea University School of Law) has posted Methodology and the Articulation of Insight: Some Lessons from MacCormick's 'Institutions of Law' (LAW AS INSTITUTIONAL NORMATIVE ORDER, Zenon Bankowski, Maksymilian Del Mar, eds., Ashgate, 2008) on SSRN...

Calabresi & Agudo on Individual State Constitutional Rights in 1868

Posted on July 08, 2008
Steven G. Calabresi and Sarah E. Agudo (Northwestern University - School of Law and Northwestern University - School of Law) have posted Individual Rights Under State Constitutions When the Fourteenth Amendment Was Ratified in 1868: What Rights are Deeply Rooted...

Laudan on the Criminal Standard of Proof & Inference to the Best Explanation

Posted on July 08, 2008
Larry Laudan (Instituto de Investigaciones Filosoficas and University of Texas School of Law) has posted Strange Bedfellows: Inference to the Best Erxplanation and the Criminal Standard of Proof on SSRN. Here is the abstract: Several philosophers and evidence scholars have...

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