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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

Schroeder on Macneil on Law and Popular Culture

Posted on March 19, 2008
Jeanne L. Schroeder (Yeshiva University - Benjamin N. Cardozo School of Law) has posted The People's Court: A Review of Macneil, Lex Populi on SSRN. Here is the abstract: William MacNeil's book is that rarest of rarae aves - a...

Eagle on Common Law & the Environment

Posted on March 19, 2008
Steven J. Eagle (George Mason University - School of Law) has posted The Role of the Common Law in Defining and Protecting the Environment: A Prolegomenon (Case Western Reserve Law Review, Forthcoming) on SSRN. Here is the abstract: This article...

Cheslik, McMurty, & Underwood on the Supreme Court's 2006-07 Term

Posted on March 19, 2008
Julie M. Cheslik , Andrea McMurtry and Kristin Underwood (University of Missouri at Kansas City) have posted Supreme Court Report 2006-2007: Closing of the Courthouse Doors? (Urb. Law., Vol. 39, No. 4, pp. 739-832, 2007) on SSRN. Here is the...

Weisselberg on Miranda

Posted on March 19, 2008
Charles D. Weisselberg (University of California, Berkeley - School of Law (Boalt Hall)) has posted Mourning Miranda (California Law Review, Forthcoming) on SSRN. Here is the abstract: The article presents new field research about police interrogation tactics and training and...

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2008 Entry Level Hiring Report: Version 3.1

Posted on March 19, 2008
Here is Version 3.1 of the 2008 Entry Level Hiring Report. You will find new reports from Chapman, Columbia, Indiana-Indianapolis, Texas, UCLA, Utah, and West Virginia in this version. As of March 19, 2008, I have received 104 reports. Results...

New in the Stanford Encyclopedia of Philosophy

Posted on March 19, 2008
The Problem of Evil by Michael Tooley (Revised Entry) Foreknowledge and Free Will by Linda Zabzebski (Revised Entry)

Epstein & Hills on Takings at Prawfs

Posted on March 19, 2008
Richard Epstein has a post entitled Takings, A Second Time on Prawfs with comments by Rick Hill. A taste from Epstein: There is a sneaky character of great constitutional provisions. The shorter they are, and the more common their language,...

Balkin on Heller

Posted on March 19, 2008
Jack Balkin has a post entitled Liberals Make Fun of the Living Constitution on Balkinization. Here is a taste: [T]he likely result in this case is a pretty good example of how living constitutionalism works in practice. The Supreme Court...

American Philosophical Association: Pacific Division Tomorrow

Posted on March 19, 2008
The Pacific Division Meeting of the American Philosophical Association starts tomorrow. Garden of Forking Paths has some panel recommendations. And on the philosophy of law front, there is this panel: III-D. Invited Symposium: Philosophy of Law: What Determines the Content...

Fennell on Aggregation & Division of Entitlements

Posted on March 19, 2008
Lee Anne Fennell (University of Chicago Law School) has posted Slices and Lumps on SSRN. 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...

Willis on Financial Literacy Education

Posted on March 19, 2008
Lauren E. Willis (Loyola Law School Los Angeles) has posted Evidence and Ideology in Assessing the Effectiveness of Financial Literacy Education (Journal of Consumer Affairs, Vol. 42, May 2008) on SSRN. Here is the abstract: Financial literacy education has long...

Johnson on Initiatives & Immigrants

Posted on March 18, 2008
Kevin R. Johnson (University of California, Davis) has posted The Devastating Impact of the Initiative Process on Latino and Immigrant Communities (California Law Review) on SSRN. Here is the abstract: This article is forthcoming in a symposium issue of the...

Flanders on a Secular First Amendment

Posted on March 18, 2008
Chad Flanders (Yale Law School) has posted The Possibility of a Secular First Amendment (Quinnipiac Law Review, Vol. 26, 2008) on SSRN. Here is the abstract: In a series of articles and now in their new book, Religious Freedom and...

Johnston on Climage Change & the Supreme Court

Posted on March 18, 2008
Jason Scott Johnston (University of Pennsylvania Law School) have posted Climate Change Hysteria and the Supreme Court: The Economic Impact of Global Warming on the U.S. And the Misguided Regulation of Greenhouse Gas Emissions Under the Clean Air Act on...

Crocker on Posner & Vermeule and (the other) Posner) on Torture

Posted on March 18, 2008
Thomas P. Crocker (University of South Carolina School of Law) has posted Torture, with Apologies (Texas Law Review, Vol. 86, No. 3, 2008) on SSRN. Here is the abstract: A choice seems to be unavoidable once the topic of justifying...

Kelly on Naturalism in International Adjudication

Posted on March 18, 2008
J. Patrick Kelly (Widener University - School of Law) has posted Naturalism in International Adjudication (Duke Journal of Comparative & International Law, Forthcoming) on SSRN. Here is the abstract: By what processes should international legal norms be made? This paper...

Conference Announcement: Themes from Raz at Manchester

Posted on March 18, 2008
Conference: Themes from the work of Joseph Raz 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...

Arthur C. Clarke

Posted on March 18, 2008
Arthur C. Clarke, the noted author of science fiction, passed away. One of my treasured possessions is a letter from Clarke about my article, Legal Personhood for Artificial Intelligences. Here is a passage from 2001: A Space Odyssey: ?Hey Dave,?...

January 2008 Issue of Ethics

Posted on March 18, 2008
Ethics Volume 118, Number 2 (January 2008) is now available at http://www.journals.uchicago.edu/toc/et/118/2 Beyond Price J. David Velleman Ethics January 2008, Vol. 118, No. 2: 191-212. Citation | Full Text | PDF Version (80 KB) True and Proper Selves: Velleman on...

Green on Corporate Punishment

Posted on March 17, 2008
Christopher R. Green (University of Mississippi - School of Law) has posted The Food-Chain Issue for Corporate Punishment: What Criminal Law and Punitive Damages Can Learn from Each Other on SSRN. Here is the abstract: The admiralty case now at...

Pettys on Exclusionary Rules

Posted on March 17, 2008
Todd E. Pettys (University of Iowa - College of Law) has posted The Immoral Application of Exclusionary Rules (Wisconsin Law Review, Forthcoming) on SSRN. Here is the abstract: In both civil and criminal cases today, judges routinely withhold relevant evidence...

Schwarcz on the Subprime Mortgage Crisis

Posted on March 17, 2008
Steven L. Schwarcz (Duke University School of Law) has posted Markets, Systemic Risk, and the Subprime Mortgage Crisis (Southern Methodist University Law Review, Vol. 61, No. 2, 2008) on SSRN. Here is the abstract: The subprime mortgage crisis is undermining...

Barnes on the Federal Arbitration Act & Erie

Posted on March 17, 2008
Richard L. Barnes (University of Mississippi) has posted Prima Paint Pushed Compulsory Arbitration Under the Erie Train (Brooklyn Journal of Corporate, Financial & Commercial Law, Vol. 2, No. 1, 2007) on SSRN. Here is the abstract: As the face of...

Driesen & Sinden on Dirty Input Limits

Posted on March 17, 2008
David M. Driesen and Amy Sinden (Syracuse University - College of Law and Temple University - James E. Beasley School of Law) have posted The Missing Instrument: Dirty Input Limits on SSRN. Here is the abstract: This article evaluates an...

Chiappinelli on the Definition of "Security"

Posted on March 17, 2008
Eric A. Chiappinelli (Seattle University School of Law) has posted Reinventing a Security: Arguments for a Public Interest Definition on SSRN. Here is the abstract: The traditional test for evaluating whether a particular investment vehicle is covered under the securities...

Moral Luck in the News

Posted on March 17, 2008
Neal Tognazzini of Garden of Forking Paths offers a link to Chris Colin's No Offense, but You Don't Deserve Your Salary from the San Francisco Chronical: When money or other tokens of success are given to us, it's supposedly because...

Papers from the NYU Conference on the Hart-Fuller Debate

Posted on March 17, 2008
The papers from the NYU conference are now available on the web. (Thanks to Brian Leiter for the reminder & link.) Here are titles, links, and tastes: LES GREEN (University of Oxford), ?Positivism and the Inseparability of Law and Morals?...

Legal Theory Lexicon: Originalism

Posted on March 16, 2008
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"--actually a loosely-knit family of constitutional theories. The idea that courts would look to evidence from the constitutional convention, the...

Legal Theory Bookworm

Posted on March 15, 2008
The Legal Theory Bookworm recommends Liberty of Conscience: In Defense of America's Tradition of Religious Equality by Martha Craven Nussbaum. Here is a description: From one of America's most distinguished moral philosophers, a sweeping historically based argument that equal respect...

Download of the Week

Posted on March 15, 2008
The Download of the Week is The Other Delegate: Judicially Administered Statutes and the Nondelegation Doctrine by Margaret H. Lemos. Here is the abstract: The nondelegation doctrine is the subject of a vast and ever-expanding body of scholarship. But nondelegation...

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