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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

Lobel on Spitzer & Irrationality

Posted on March 11, 2008
Check out Orly Lobel on Spitzer and irrationality. Here is a taste: My dear friend, Dan Ariely, has a book out this month, Predictably Irrational:The Hidden Forces That Shape Our Decisions. (I am delighted to report the book hit #5...

Dorff & Ferzan on Miscalculating Welfare

Posted on March 10, 2008
Michael B. Dorff and Kimberly Kessler Ferzan (Southwestern University School of Law and Rutgers, The State University of New Jersey - School of Law - Camden) have posted Miscalculating Welfare on SSRN. Here is the abstract: In their quest to...

Turner on Ideological Voting on the NLRB

Posted on March 10, 2008
Ronald Turner (University of Houston Law Center) has posted Ideological Voting on the National Labor Relations Board on SSRN. Here is the abstract: This article considers the role that ideology has played in the decision making of the National Labor....

Keenan on Financial Globalization & Human Rights

Posted on March 10, 2008
Patrick Keenan (University of Illinois - College of Law) has posted Financial Globalization and Human Rights (Columbia Journal of Transnational Law, Forthcoming) on SSRN. Here is the abstract: In this Article, I develop a model of the enforcement of human...

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Kotkin on Complex Bias

Posted on March 10, 2008
Minna J. Kotkin (Brooklyn Law School) has posted Diversity and Discrimination: A Look at Complex Bias on SSRN. Here is the abstract: Multiple claims are a fixture of employment discrimination litigation today. It is common if not ubiquitous for opinions...

Chen on the Transformation of Chinese Law

Posted on March 10, 2008
Jianfu Chen (La Trobe University - Faculty of Law and Management) has posted The Transformation of Chinese Law: From Formal to Substantial (Hong Kong Law Journal, Vol. 37, No. 2, 2007) on SSRN. Here is the abstract: If Japanese law,...

Alkoby on International Environmental Lawmaking

Posted on March 10, 2008
Asher Alkoby (Ryerson University) has posted Global Networks and International Environmental Lawmaking: A Discourse Approach (Chicago Journal of International Law, Vol. 8, No. 2, 2008) on SSRN. Here is the abstract: The concept of networks is gaining currency in the...

Conference Announcement: Midwest Law & Economics Association at Northwestern

Posted on March 10, 2008
The next MLEA conference is scheduled for October 3-4, 2008, at Northwestern University School of Law. Please add those dates to your schedule. MLEA Hotel info: The Allerton Hotel Chicago 701 N. Michigan Avenue Chicago, IL 60611 Please call the...

Dorf on Living Constitutionalism

Posted on March 10, 2008
Michael Dorf's most recent Findlaw column is worth a look. Here's a taste: Originalists and living-Constitutionalists part ways over how to interpret ambiguous provisions of the constitutional text. Originalists say that judges should resolve textual ambiguity by consulting the prevailing...

Legal Theory Lexicon: Justice

Posted on March 09, 2008
Introduction The connection between law and justice is a deep one. We have "Halls of Justice," "Justices of the Supreme Court," and "the administration of justice." We know that "justice" is one of the central concepts of legal theory, but...

Legal Theory Bookworm

Posted on March 08, 2008
The Legal Theory Bookworm recommends Eye for an Eye by William Ian Miller. Here is a description: Analyzing the law of the talion--an eye for an eye, tooth for a tooth--literally, William Ian Miller presents an original meditation on the...

Download of the Week

Posted on March 08, 2008
The Download of the Week is Hedonic Adaptation and the Settlement of Civil Lawsuits by John Bronsteen, Christopher J. Buccafusco and Jonathan Masur. Here is the abstract: This paper examines the burgeoning psychological literature on happiness and hedonic adaptation (a...

Shany on the Politics of International Adjudication

Posted on March 07, 2008
Yuval Shany (Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology) has posted Bosnia, Serbia and the Politics of International Adjudication on SSRN. Here is the abstract: The judgment of the International Court of Justice (ICJ) in...

Franke on Same-Sex Marriage

Posted on March 07, 2008
Katherine M. Franke (Columbia Law School) has posted Longing for Loving on SSRN. Here is the abstract: Post-Lawrence efforts to secure marriage equality for same sex couples must be undertaken, at a minimum, in a way that is compatible with...

Guiora & Parry on Forum's for Terrorists

Posted on March 07, 2008
Amos N. Guiora and John T. Parry (University of Utah - S.J. Quinney College of Law and Lewis & Clark Law School) have posted Light at the End of the Pipeline?: Choosing a Forum for Suspected Terrorists (University Pennsylvania Law...

Richman on Federal Sentencing

Posted on March 07, 2008
Daniel C. Richman (Columbia Law School) has posted Federal Sentencing in 2007: The Supreme Court Holds - The Center Doesn't (Yale Law Journal, Vol. 117, 2008) on SSRN. Here is the abstract: This article takes stock of federal sentencing after...

Crawford on Third Wave Feminism

Posted on March 07, 2008
Bridget J. Crawford (Pace University - School of Law) has posted Third-Wave Feminism, Motherhood and the Future of Legal Theory on SSRN. Here is the abstract: This paper theorizes the noticeable absence of law from discussions of motherhood by feminists...

Cushman, Knobe & Sennett-Armstrong on Doing & Allowing

Posted on March 07, 2008
Fiery Cushman, Joshua Knobe & Walter Sennett-Armstrong have a paper entitled Moral Appraisals Affect Doing/Allowing Judgments on the web. Here is a description from a blog post by Knobe on Experimental Philosophy: Probably the best way to give you a....

Call for Papers: Interpretation of Law in a Global World

Posted on March 07, 2008
Call for Papers Interpretation of Law in the Global World: from Particularism to a Universal Approach Editors Joanna Jemielniak, Ph.D., Kozminski Business School, Warsaw, Poland and Przemys?aw Mik?aszewicz, Ph.D., Office of the Constitutional Tribunal, Warsaw, Poland Submission guidelines and timeline...

Shoemaker on Personal Identity & Ethics

Posted on March 07, 2008
David Shoemaker has a revised version of his Personal Identity & Ethics article for the Stanford Encyclopedia of Philosophy. Here is a taste: What justifies our holding a person morally responsible for some past action? Why am I justified in...

Stein & Waterstone on Weber on Disability Harassment

Posted on March 06, 2008
Michael Stein and Michael Evan Waterstone (William & Mary Law School and Loyola Law School Los Angeles) have posted Disability Harassment (Northeastern University Law Review, Forthcoming) on SSRN. Here is the abstract: This is a review of Mark C. Weber's...

Odlyzko on Net Neutrality

Posted on March 06, 2008
Andrew Odlyzko (University of Minnesota - Twin Cities - Digital Technology Center) has posted Network Neutrality, Search Neutrality, and the Never-Ending Conflict between Efficiency and Fairness in Markets on SSRN. Here is the abstract: Network neutrality as such may fade...

Kramer on Sexual Orientation & Title VII

Posted on March 06, 2008
Zachary A. Kramer (University of Arkansas at Little Rock, William H. Bowen School of Law) has posted Heterosexuality and Title VII (Northwestern University Law Review, Vol. 103, No. 1, 2009 ) on SSRN. Here is the abstract: There is a...

Zarsky on Law & Online Social Networks

Posted on March 06, 2008
Tal Zarsky (University of Haifa - Faculty of Law) has posted Law and Online Social Networks: Mapping the Challenges and Promises of User-Generated Information Flows (Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 18, No. 3, 2008) on SSRN...

Symposium Announcement: Dworkin at NYU

Posted on March 06, 2008
Symposium in Honor of Ronald Dworkin, 2007 winner of the Holberg Prize On Thursday, April 10 New York University School of Law and the Ludvig Holberg Memorial Fund will host a day-long symposium devoted to the work of Ronald Dworkin,...

Buccafusco on Spirtualism & Law

Posted on March 06, 2008
Christopher J. Buccafusco (University of Chicago - Law School) has posted Spiritualism and Will(s) in the Age of Contract on SSRN. Here is the abstract: Spiritualism was one of the most salient cultural phenomena of late-nineteenth-century American life...

Smith on the Second Amendment

Posted on March 06, 2008
Douglas G. Smith (George Mason University - School of Law) have posted The Second Amendment and the Supreme Court on SSRN. Here is the abstract: This article discusses the litigation regarding the Second Amendment currently pending before the Supreme Court...

Sarkissian on Civility, Judging Others, Confirmation Bias, and Self-fulfiling Prophecies

Posted on March 06, 2008
Check out this really interesting post by Hagop Sarkissian on The Splintered Mind. Here is a taste: When we meet others we form impressions of them, and they tend to stick. This automatic tendency motivates numerous social practices, such as...

Ringhand Blogs Waldron

Posted on March 06, 2008
Lori Ringhand has a nice post on Jeremy Waldron's John A. Sibley lecture at the University of Georgia. Here's a taste: [Waldron] is critical of U.S. style judicial review, preferring the legislative supremacy model traditionally favored by Great Britain and...

Bronsteen, Buccafusco, and Masur on Hedonic Adaptation & Settlement

Posted on March 05, 2008
John Bronsteen , Christopher J. Buccafusco and Jonathan Masur (Loyola University Chicago School of Law , University of Chicago - Law School and University of Chicago Law School) have posted Hedonic Adaptation and the Settlement of Civil Lawsuits on SSRN...

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