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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

Grantham on Defences to Restitutionary Liability

Posted on February 26, 2008
Ross B. Grantham (The University of Queensland - T.C. Beirne School of Law) has posted A Normative Account of Defences to Restitutionary Liability (Cambridge Law Journal, March 2008) on SSRN. Here is the abstract: The aim of this paper is...

Spamann on Law & Finance

Posted on February 26, 2008
Holger Spamann (Harvard University - Harvard Law School) has posted 'Law and Finance' Revisited on SSRN. Here is the abstract: The "Antidirector Rights Index" from La Porta et al.'s "Law and Finance" (1998) has been used as a measure of...

Adler on Bounded Rationality

Posted on February 26, 2008
Matthew D. Adler (University of Pennsylvania - Law School) has posted Bounded Rationality and Legal Scholarship on SSRN. Here is the abstract: Decision theory seems to offer a very attractive normative framework for individual and social choice under uncertainty...

Workshop Announcement: Naturalism at Kazmierz

Posted on February 26, 2008
KAZIMIERZ NATURALISM WORKSHOP 2008 September 6th - 10th 2008 Kazimierz Dolny, Poland Invited key speakers Susan Stuart (University of Glasgow, UK) David Papineau (King's College London, UK) Susan Haack (University of Miami, USA) Peter Gärdenfors (Lund University, Sweden) Ingo Brigandt...

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Conference Announcement: Crimnal Law Theory at Rutgers

Posted on February 26, 2008
Conference Announcement Rutgers Institute for Law & Philosophy The Evolution of Criminal Law Theory Friday-Saturday, May 30-31, 2008 To be held at: The Rutgers University Inn and Conference Center New Brunswick, NJ Most theorists seem to agree that the criminal...

Zwolinski on the Separateness of Persons

Posted on February 25, 2008
Matt Zwolinski (University of San Diego) has posted The Separateness of Persons and Liberal Theory on SSRN. Here is the abstract: The fact that persons are separate in some descriptive sense is relatively uncontroversial. But one of the distinctive ideas...

Ben-Asher on Baby-Making Markets

Posted on February 25, 2008
Noa Ben-Asher (Columbia Law School) has posted The Curing Law: On the Legal Evolution of Baby-Making Markets on SSRN. Here is the abstract: How has morality shaped current baby-making markets? What bargaining conditions have been set for individuals seeking to...

Bix on American Legal Philosophy

Posted on February 25, 2008
Brian Bix (University of Minnesota Law School) has posted "Legal Philosophy in America" (THE OXFORD HANDBOOK OF AMERICAN PHILOSOPHY, Cheryl Misak, ed., Forthcoming) on SSRN. Here is the abstract: This article, written for the forthcoming "Oxford Handbook of American Philosophy,"...

Mulligan on Federal Question Jurisdiction

Posted on February 25, 2008
Lumen N. Mulligan (Michigan State University College of Law) has posted A Unified Theory of 28 U.S.C. § 1331 Jurisdiction on SSRN. Here is the abstract: Title 28, section 1331 of the United States Code provides the jurisdictional grounding for...

Legal Theory Calendar

Posted on February 25, 2008
Downloadable Papers from Today's Workshops: University of Chicago, Law & Economics: Anup Malani, Accounting for Expectations About Law A large number of empirical, law-related papers examine forward-looking behavior but estimate static or backward-looking regression models...

Ribstein on Manne

Posted on February 25, 2008
Larry E. Ribstein (University of Illinois College of Law) has posted Henry Manne: Intellectual Entrepreneur on SSRN. Here is the abstract: This Chapter in the book Pioneers of Law and Economics discusses the remarkable career of Henry Manne. Writing when...

Bainbridge & Warren on Manne

Posted on February 25, 2008
Stephen M. Bainbridge and William D. Warren (University of California, Los Angeles) have posted Manne on Insider Trading on SSRN. Here is the abstract: This essay is the foreword to a forthcoming Liberty Fund collection of Henry Manne's writings on...

Conference Announcement: Norms & Analysis in Sydney

Posted on February 25, 2008
*NORMS AND ANALYSIS CONFERENCE* SYDNEY, AUSTRALIA :: 26-28 JUNE 2007 There is a picture of the world which is disenchanted - a world that contains only the ingredients of the natural sciences, with no mention of norms; no reasons to...

Conference Announcement: Empirical Legal Studies at Cornell

Posted on February 25, 2008
Third Annual Conference on Empirical Legal Studies at Cornell Cornell Law School 12-13 September 2008 Announcement & Call for Papers (Submission Deadline: 15 April 2008) The Third Annual Conference on Empirical Legal Studies will be held at the Cornell Law...

Legal Theory Lexicon: Positive and Normative Legal Theory

Posted on February 24, 2008
Introduction One of the most fundamental distinctions in legal theory is that between "positive legal theory" and "normative legal theory." This post provides a very brief introduction to the distinction, aimed at law students (especially first years) with an interest...

Entry Level Hiring Report: Interim Update

Posted on February 23, 2008
New data has been added to the entry level hiring report. Here are the links: Version 1.1 of the 2008 Entry Level Hiring Report How to Submit Data The JD Placement Tournament is now underway, with the following initial results:...

Legal Theory Bookworm

Posted on February 23, 2008
The Legal Theory Bookworm recommends Atrocity, Punishment, and International Law by Mark A. Drumbl. Here is a description: This book rethinks how people who perpetrate atrocity crimes should be punished. Based on an 'on the ground' review of the sentencing...

Download of the Week

Posted on February 23, 2008
The Download of the Week is Why Protect Private Arms Possession? by Michael Steven Green. Here is the abstract: In District of Columbia v. Heller, the Supreme Court is anticipated to finally decide whether the Second Amendment is an individual...

Miller on Waluchow on Judicial Review

Posted on February 22, 2008
Bradley W. Miller (University of Western Ontario - Faculty of Law) has posted Review Essay: A Common Law Theory of Judicial Review by W.J. Waluchow on SSRN. Here is the abstract: The critic of judicial review has to acknowledge that...

Smith on Radicalization in the Workplace

Posted on February 22, 2008
Terry Smith (Fordham University School of Law) has posted Speaking Against Norms: Public Discourse and the Economy of Racialization in the Workplace (American University Law Review, Vol. 57, No. 523, Year 2008) on SSRN. Here is the abstract: Free speech...

Ginsburg on Copyright-Dependent Technology Entrepreneurs

Posted on February 22, 2008
Jane C. Ginsburg (Columbia Law School) has posted Separating the Sony Sheep from the Grokster Goats: Reckoning the Future Business Plans of Copyright-Dependent Technology Entrepreneurs on SSRN. Here is the abstract: U.S. and many other national copyright systems have by...

Hayward on Election-Related Speech

Posted on February 22, 2008
Allison Hayward (George Mason University School of Law) has posted Render Unto Caesar, Inc. on SSRN. Here is the abstract: The Supreme Court's FEC v. Wisconsin Right to Life fits comfortably into a legacy of decisions in which the Supreme...

Dodson on Mandatory Rules

Posted on February 22, 2008
Scott Dodson (University of Arkansas - School of Law) has posted Mandatory Rules (Stanford Law Review, Vol. 61, No. 1, 2008) on SSRN. Here is the abstract: Whether a limitation is jurisdictional or not is an important but often obscure...

Bettinger-Lopez on Gonzales v. United States

Posted on February 22, 2008
Caroline Bettinger-Lopez (Columbia Law School) has posted Jessica Gonzales v. United States: An Emerging Model for Domestic Violence & Human Rights Advocacy in the United States (Harvard Human Rights Journal, Vol. 21, 2008) on SSRN. Here is the abstract: In...

Book Announcement: Moral Markets edited by Zak

Posted on February 22, 2008
From Princeton University Press: Moral Markets: The Critical Role of Values in the Economy Edited by Paul J. Zak With a foreword by Michael C. Jensen To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/8657...

Brown on Law Blogging & Legal Scholarship

Posted on February 22, 2008
J. Robert Brown Jr. (University of Denver Sturm College of Law) on SSRN. Here is the abstract: Of Empires, Independents, and Captives: Law Blogging, Law Scholarship, and Law School Rankings on SSRN. Here is the abstract: Law faculty blogs have...

2008 Entry Level Hiring Report: Version 1.0

Posted on February 21, 2008
Here is the first version of the 2008 Entry Level Hiring Report. As of February 21, 2008, I have received 38 reports. American University Mary Fan, JD 2003 Yale University, MPhil 2008 Anthropology Cambridge University Brooklyn Law School Miriam Baer,...

Dane on Bowles v. Russell

Posted on February 20, 2008
Perry Dane (Rutgers School of Law - Camden) has posted Sad Time: Thoughts on Jurisdictionality, the Legal Imagination, and Bowles V. Russell (Northwestern University Law Review Colloquy, Vol. 102, 2008) on SSRN. Here is the abstract: This short essay comments...

Solomon on Law and Governance

Posted on February 20, 2008
Jason M . Solomon (University of Georgia Law School) has posted Law and Governance in the 21st Century Regulatory State (Texas Law Review, Vol. 86, 2008) on SSRN. Here is the abstract: Legal scholarship and pedagogy on the regulatory state...

Shapiro on Risk Assessment

Posted on February 20, 2008
Sidney A. Shapiro (Wake Forest University School of Law) has posted Omb and the Politicization of Risk Assessment (Environmental Law, Vol. 37, No. 4, 2007) on SSRN. Here is the abstract: In January 2007, the Office of Management and Budget...

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