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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

Solum on the Indeterminacy Thesis

Posted on July 08, 2008
Lawrence B. Solum (University of Illinois - College of Law) has posted On the Intderminacy Crisis: Critiquing Critical Dogma (University of Chicago Law Review, Vol. 54, No. 462, 1987) on SSRN. Here is the abstract: This essay investigates the indeterminacy...

Fox-Decent on Cross-Fertilization in Public Law

Posted on July 08, 2008
Evan Fox-Decent (McGill University - Faculty of Law) has posted The Charter and Administrative Law: Cross-Fertilization in Public Law (ADMINISTRATIVE LAW IN CONTEXT, C. Flood & L. Sossin eds., pp. 169-195, Toronto: Emond Montgomery, 2008) on SSRN. Here is the...

Bahadur on Arbitration of Seamen's Claims

Posted on July 08, 2008
Rory D. Bahadur (Washburn University - School of Law) has posted Constitutional History, Federal Arbitration and Seamen's Rights Sinking in a Sea of Sweatshop Labor (Journal of Maritime Law and Commerce, Vol. 39, No. 2, 2008) on SSRN. Here is...

Ackerman & Nou on the Poll Tax

Posted on July 07, 2008
Bruce Ackerman and Jennifer Nou (Yale Law School and Yale Law School) have posted Canonizing the Civil Rights Revolution: The People and the Poll Tax (Northwestern Law Review, Vol. 103, 2009) on SSRN. Here is the abstract: The sun is...

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Brownstein on Free Speech & School Sponsored Activities

Posted on July 07, 2008
Alan E. Brownstein (University of California at Davis Law School) has posted The Nonforum as a First Amendment Category: Bringing Order Out of the Chaos of Free Speech Cases Involving School Sponsored Activities (UC Davis Law Review, Forthcoming) on SSRN...

Zucca on Conflicts of Fundamental Rights

Posted on July 07, 2008
Lorenzo Zucca (King's College London School of Law) has posted Conflicts of Fundamental Rights as Constitutional Dilemmas (CONFLICTS BETWEEN FUNDAMENTAL RIGHTS, Eva Brems, ed., Antwerp/Oxford/Portland, 2008) on SSRN. Here is the abstract: This paper deals with one of the most...

Garcia, Garoupa, & Grembi on Kelsenian Constitutional Courts

Posted on July 07, 2008
Sofia Amaral Garcia , Nuno Garoupa, and Veronica Grembi (University of Bologna - Faculty of Economics , University of Illinois College of Law , Facolt� di Economia, Universit� Cattolica di Milano and Istituto di Economia e Finanza, Facolt� di Giurisprudenza,...

Roach on the Canadian Anti-Terrorism Act

Posted on July 07, 2008
Kent Roach (University of Toronto - Faculty of Law) has posted Better Late than Never: The Canadian Parliamentary Review of the Anti-Terrorism Act (IRPP Choices, Vol. 13, No. 5, 2007) on SSRN. Here is the abstract: This paper assesses the...

Arcila on Steinberg on the Fourth Amendment

Posted on July 07, 2008
Fabio Arcila Jr. (Fordham Law School) has posted A Response to Professor Steinberg's Fourth Amendment Chutzpah (Journal of Constitutional Law, Vol. 10, 2008) on SSRN. Here is the abstract: Professor Steinberg believes that the Fourth Amendment was intended only to...

Hughes on

Posted on July 07, 2008
Paul Hughes (Yale University - Yale Law School) has posted Not a Failed Experiment: Wilson-Saucier Sequencing and the Articulation of Constitutional Rights on SSRN. Here is the abstract: When addressing a qualified immunity defense, courts engage in a two-step approach...

Legal Theory Lexicon: Virtue Jurisprudence

Posted on July 06, 2008
Introduction Law students with a background in philosophy are sure to notice the strong influence of moral philosophy on legal thinking. Theories like Kant's have had a profound influence on the idea of fairness in legal theory and on the...

Legal Theory Bookworm

Posted on July 05, 2008
The Legal Theory Bookworm recommends The Limits of Loyalty by Simon Keller. Here is a description: We prize loyalty in our friends, lovers and colleagues, but loyalty raises difficult questions. What is the point of loyalty? Should we be loyal...

Download of the Week

Posted on July 05, 2008
The Download of the Week is When is a Willful Breach 'Willful'? A Puzzle and Two Different Economic Solutions by Richard Craswell. Here is the abstract: Liability for breach of contract is often described as a form of strict liability,...

Garfield on Race-Preference Student Assignment Plans

Posted on July 04, 2008
Leslie Yalof Garfield (Pace Law School) has posted Adding Colors to the Chameleon: Why the Supreme Court May Adopt a New Compelling Governmental Interest Test for Race-Preference Student Assignment Plans (Kansas Law Review, Vol. 56, No. 277, 2008) on SSRN...

Hesselink on the EU Common Frame of Reference

Posted on July 04, 2008
Martijn W. Hesselink (Centre for the Study of European Contract Law) has posted Common Frame of Reference & Social Justice on SSRN. Here is the abstract: This paper evaluates the draft Common Frame of Reference (DCFR) in terms of social...

Colby on Philip Morris v. Williams

Posted on July 04, 2008
Thomas Colby (George Washington University Law School) has posted Clearing the Smoke from Philip Morris v. Williams: The Past, Present, and Future of Punitive Damages (Yale Law Journal, Vol. 118, 2009) on SSRN. Here is the abstract: In Philip Morris....

Calnan on Duty in Tort Law

Posted on July 04, 2008
Alan Calnan (Southwestern Law School) has posted Duty and Integrity in Tort Law on SSRN. Here is the abstract: The tort concept of duty lacks integrity in virtually every popular sense of that term. It is at once incomplete, unharmonious...

Alexander & Prakash on Gerrymandering

Posted on July 04, 2008
Larry Alexander and Saikrishna Prakash (University of San Diego School of Law and University of San Diego School of Law) have posted Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering (William & Mary Law Review, Forthcoming)...

McCluskey on Feminist Jurisprudence & Queer Legal Theory

Posted on July 04, 2008
Martha T. McCluskey (University at Buffalo - Law School) has posted Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations on SSRN. Here is the abstract: Some strands of queer theory have echoed conservative law-and-economics (neoliberalism) in criticizing feminism's turn...

Balkin on Heller

Posted on July 03, 2008
Jack Balkin has written an illumininating and important post entitled Is Heller an Originalist Decision?. You will find an extensive analysis in my post Heller and Originalism, Part III: The Interpretation-Construction Distinction, which is immediately below this post.

Heller and Originalism, Part III: The Interpretation-Construction Distinction

Posted on July 03, 2008
Introduction This is Part III in a series of posts on the relationship between the Supreme Court's decision in District of Columbia v. Heller and originalism as a theory of constitutional interpretation. Heller and Originalism, Part I: An Introduction to...

Kovacic & Hyman on Institutional Design & Statutory Implementation

Posted on July 03, 2008
William E. Kovacic and David A. Hyman (The George Washington University Law School and University of Illinois College of Law) have posted How Institutional Design Affects Statutory Implementation: Lessons from Competition Law on SSRN. Here is the abstract: It is...

Ruhl on Law & Complexity

Posted on July 03, 2008
J.B. Ruhl (Florida State University College of Law) has posted Law's Complexity A Primer (Georgia State University Law Review Symposium Issue, Forthcoming) on SSRN. Here is the abstract: The legal system. It rolls easily off the tongues of lawyers like...

Walker & Fleischer on Book Value & Taxing Equity Compensation

Posted on July 03, 2008
David I. Walker and Victor Fleischer (Boston University School of Law and University of Illinois College of Law) have posted Book/Tax Conformity and Equity Compensation on SSRN. Here is the abstract: Should we require companies to report the same amount...

Baker, Kritzer, and Vidmar on Torts & Junk Science

Posted on July 03, 2008
Tom Baker, Herbert M. Kritzer, and Neil Vidmar (University of Pennsylvania Law School , University of Connecticut School of Law , William Mitchell College of Law and Duke University - School of Law) have posted Jackpot Justice and the American...

Garfield on Race Preference Policies

Posted on July 03, 2008
Leslie Yalof Garfield (Pace Law School) has posted The Glass Half Full: Envisioning the Future of Race Preference Policies (NYU Annual Survey of American Law, Vol. 63, No. 385, 2007) on SSRN. Here is the abstract: Justice Breyer's concern that...

Lauden on Reasonable Doubt

Posted on July 02, 2008
Larry Laudan (Instituto de Investigaciones Filosoficas and University of Texas School of Law) has posted Is Reasonable Doubt Reasonable? on SSRN. Here is the abstract: This paper analyses the multiple tensions and confusions in appellate-court efforts to explain the criminal...

Toro on Substantive Due Process

Posted on July 02, 2008
John Toro (Georgetown University Law Center) has posted The Charade of Tradition-Based Substantive Due Process on SSRN. Here is the abstract: This Article criticizes the Supreme Court's substantive due process standard, by which the Court protects unenumerated constitutional rights only...

Hanson & McCann on Situationalism & Torts

Posted on July 02, 2008
Jon D. Hanson and Michael McCann (Harvard University - Harvard Law School and Boston College Law School) have posted Situationist Torts (Loyola of Los Angeles Law Review, Vol. 41) on SSRN. Here is the abstract: This Article calls for a...

Lauden on the Arithmetic of Criminal Justice

Posted on July 01, 2008
Larry Laudan (Instituto de Investigaciones Filosoficas and University of Texas School of Law) has posted The Elementary Epistemic Arithmetic of Criminal Justice on SSRN. Here is the abstract: It has long been recognized that the yardsticks for assessing the reliability...

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