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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

McGinnis & Rappaport on the Case for Originalism

Posted on March 24, 2008
John O. McGinnis and Michael B. Rappaport (Northwestern University - School of Law and University of San Diego - School of Law) have posted The Desirable Constitution and the Case for Originalism on SSRN. Here is the abstract: In this...

Hathaway on the Future of International Lawmaking

Posted on March 24, 2008
Oona A. Hathaway (Yale University - Law School) has posted Treaties' End: The Past, Present, and Future of International Lawmaking in the United States (Yale Law Journal, Vol. 117, No. 8, 2008) on SSRN. Here is the abstract: This Article...

Utilitarianism & Brain Abormality

Posted on March 24, 2008
Guy Kahane & Nicholas Shackel have a Communication on the website of Nature entitled Do abnormal responses show utilitarian bias? Here is the summary: Arising from: M. Koenigs et al. Nature 446, 908?911 (2007); Koenigs et al. reply Neuroscience has...

LeBara on Aristotelian Constructivism

Posted on March 24, 2008
Mark LeBara (Philosophy, Ohio University) has posted Aristotelian Constructivism on the Internet. Here is the abstract: Constructivism about practical judgments, as I understand it, is the notion that our true normative judgments represent a normative reality, while denying that that...

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Pettit on Moral Theory

Posted on March 24, 2008
Philip Pettit (Princeton) has posted Substantive Moral Theory on the Internet. Here is the abstract: Philosophy can serve two roles in relation to moral thinking: first, to provide a meta-ethical commentary on the nature of moral thought, as the methodology...

Conference Announcement: Pandemic Flu at Seton Hall

Posted on March 24, 2008
Via Frank Pasquale, Seton Hall Law is hosting a symposium on pandemic flu this fall. Proposals for panelists are due by 4/15; here is the call for papers: Seton Hall Law School?s Center for Health and Pharmaceutical Law and the...

Conference Announcement: Themes from Raz at Manchester

Posted on March 24, 2008
Manchester Centre for Political Theory (MANCEPT) Value, Respect, and Wellbeing: Themes from the Work of Joseph Raz Friday 9 May 2008 Time: 9.30am - 5.15pm Venue: The Boardroom, Arthur Lewis Building, University of Manchester Provisional Programme: 9.30 - 10...

Legal Theory Lexicon: Causation

Posted on March 23, 2008
Introduction Causation is one of the basic conceptual tools of legal analysis. And for most purposes, we can get along with a notion of causation that is both vague and ambiguous. In the world of medium sized physical objects (automobiles,...

Lane on Heller & the Second Amendment

Posted on March 22, 2008
Charles Lane has an op/ed in the Washington Post entitled To Keep and Bear Arms. Here is a taste: Before the Civil War, gun ownership was a prerequisite not only of militia service but also of participation in sheriffs' posses...

Legal Theory Bookworm

Posted on March 22, 2008
The Legal Theory Bookworm recommends a three volume set, edited by Walter Sinnott-Armstrong: Moral Psychology, Volume 1: The Evolution of Morality: Adaptations and Innateness Moral Psychology, Volume 2: The Cognitive Science of Morality: Intuition and Diversity Moral Psychology, Volume 3:...

Download of the Week

Posted on March 22, 2008
The Download of the Week is Slices and Lumps by Lee Anne Fennell. Here is the abstract: This brief essay, delivered in slightly different form as the 2008 Coase Lecture at the University of Chicago Law School, addresses problems involving...

Allen on the the Business Judgment Rule

Posted on March 21, 2008
William T. Allen (New York University School of Law) has posted Modern Corporate Governance and the Erosion of the Business Judgment Rule in Delaware Corporate Law on SSRN. Here is the abstract: This essay addresses the relationship between the forces...

Kaplow on the Equality of What Debate

Posted on March 21, 2008
Louis Kaplow (Harvard Law School) has posted Primary Goods, Capabilities, . . . Or Well-Being? (Philosophical Review, Vol. 116, pp. 603-632, 2007) on SSRN. Here is the abstract: Theories of distributive justice and of the aggregate social good typically require...

Zumbansen on Transnational Law

Posted on March 21, 2008
Peer Zumbansen (York University - Osgoode Hall Law School) has posted Transnational Law on SSRN. Here is the abstract: This chapter traces the development of the concept of Transnational Law since Philip Jessup's Storrs Lectures at Yale Law School in...

Sisk on Pruneyard

Posted on March 21, 2008
Gregory C. Sisk (University of St. Thomas School of Law (Minnesota)) has posted Uprooting the Pruneyard (Rutgers Law Journal, Vol. 38, p. 1145, 2008) on SSRN. Here is the abstract: If, in the description of one constitutional scholar, text, history,....

McCormick on Federal Construction of State Institutional Competences

Posted on March 21, 2008
Marcia L. McCormick (Samford University - Cumberland School of Law) has posted When Worlds Collide: Federal Construction of State Institutional Competence (University of Pennsylvania Journal of Constitutional Law, Vol. 9, p. 1167, 2007) on SSRN. Here is the abstract: The...

Wong on Normative Objectivity

Posted on March 21, 2008
David B. Wong (Philosophy, Duke University) has posted Constructing Normative Objectivity in Ethics on the Internet. Here is the abstract: This essay explains the inescapability of moral demands. I deny that the individual has genuine reason to comply with these...

New in the Oxford Journal of Legal Studies

Posted on March 21, 2008
The most recent issue of the Oxford Journal of Legal Studies is available online. The articles include: An Eye for an Eye: Proportionality as a Moral Principle of Punishment by Morris J. Fish The lex talionis of the Old Testament...

Yankah on Fletcher on Criminal Law

Posted on March 21, 2008
Ekow Nyansa Yankah (University of Illinois - College of Law) has posted The Law of Duty and the Virtue of Justice on SSRN. Here is the abstract: In his new book, The Grammar of Criminal Law: American, Comparative, and International,...

Marmor on the Ideal of the Rule of Law

Posted on March 20, 2008
Andrei Marmor (University of Southern California - Law School) has posted The Ideal of the Rule of Law (BLACKWELL COMPANION TO THE PHILOSOPHY OF LAW AND LEGAL THEORY, Blackwell Publishing, Forthcoming) on SSRN. Here is the abstract: In this short...

Colombo on an Aristotelian Understanding of Ownership

Posted on March 20, 2008
Ronald J. Colombo (Hofstra University - School of Law) has posted Ownership, Limited: Reconciling Traditional and Progressive Corporate Law via an Aristotelian Understanding of Ownership on SSRN. Here is the abstract: Concern over issues of corporate social responsibility and corporate...

O'Connor on Patentability & the History of Science

Posted on March 20, 2008
Sean M. O'Connor (University of Washington - School of Law) has posted Using Insights from the History of Science to Redefine Patentable Subject Matter Under the IP Clause of the U.S. Constitution on SSRN. Here is the abstract: Over the...

Baylis on International Criminal Law

Posted on March 20, 2008
Elena A. Baylis (University of Pittsburgh - School of Law) has posted Reassessing the Role of International Criminal Law: Rebuilding National Courts through Transnational Networks on SSRN. Here is the abstract: This Article argues that transnational networks of UN officers,...

Meuer & Bessen on Patents & Property

Posted on March 20, 2008
Michael J. Meurer and James E. Bessen (Boston University - School of Law and Research on Innovation) have posted Do Patents Perform Like Property? on SSRN. Here is the abstract: Do patents provide critical incentives to encourage investment in innovation?...

Flannigan on the Duty of Fidelity

Posted on March 20, 2008
Robert Flannigan (University of Saskatchewan) has posted The [Fiduciary] Duty of Fidelity (Law Quarterly Review, Vol. 124, Forthcoming) on SSRN. Here is the abstract: It has become common, primarily in the employment context, for judges to assert the existence of...

Welcome to the Blogosphere . . .

Posted on March 20, 2008
. . . to the highly amusing parody Anonymous Articles Editors. My favorite line: Legal history has its place, but you will be fighting a very large uphill battle in submitting a piece that has few to none prospective and/or...

Blogging from the APA Pacific Division

Posted on March 20, 2008
It is 9:00 a.m. PDST, and I am blogging from the American Philosophical Association's Pacific Division Meeting in Pasadena California. It's especially nice to be here--I grew up in Monterey Park a few miles to the south and lived for...

Conference Announcement: Realistic Standards for Decisions at Missouri-Columbia

Posted on March 20, 2008
The Department of Philosophy at the University of Missouri in Columbia would like to announce a conference titled "Realistic Standards for Decisions." Here is a brief description: Much of classical decision theory relies on idealizations about decision makers and their...

Book Announcement: Creating the National Security State by Stuart

Posted on March 20, 2008
From Princeton University Press: Creating the National Security State A History of the Law That Transformed America Douglas T. Stuart To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8667.html For the last sixty years, American foreign and...

More from Balkin on Living Constitutionalism

Posted on March 20, 2008
Check out Jack Balkin's Constitutionalism: It's Political, It's Legal-- It's Two Mints in One!. Here is a taste: Dahlia [Lithwick] writes, "I was wondering aloud where the best locus of constitutional change might be." Dahlia's preference is that courts should...

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