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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

Verkuil on Outsourcing & Delegation

Posted on February 20, 2008
Paul R. Verkuil (Cardozo Law School) has posted Outsourcing and the Duty to Govern on SSRN. Here is the abstract: This article, which will be a chapter in Government by Contract (Martha Minow and Jody Freeman eds., Harvard University Press...

Eisenberg & Heise on an Empirical Study of State Court Trials on Appeal

Posted on February 20, 2008
Theodore Eisenberg and Michael Heise (Cornell University - School of Law and Cornell Law School) have posted Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal on SSRN. Here is the abstract: Two findings dominate prior....

Green on Rationales for Protection of Private Arms Possession

Posted on February 20, 2008
Michael Steven Green (College of William and Mary - Marshall-Wythe School of Law) has posted Why Protect Private Arms Possession? on SSRN. Here is the abstract: In District of Columbia v. Heller, the Supreme Court is anticipated to finally decide...

Oman on Mormon Courts

Posted on February 19, 2008
Nathan B. Oman (College of William & Mary Law School) has posted Preaching to the Court House and Judging in the Temple on SSRN. Here is the abstract: A number of American religious denominations - Quakers, Baptists, Mormons, and others...

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Book Announcement: Beyond Citizenship by Spiro

Posted on February 19, 2008
Peter J. Spiro, BEYOND CITIZENSHIP AMERICAN IDENTITY AFTER GLOBALIZATION, Oxford University Press, 2008. Here is a description: American identity has always been capacious as a concept but narrowed in its application. Citizenship has mostly been about being here, either through...

Conference Announcement: Emotion in Context at Chicago

Posted on February 19, 2008
Emotion in Context Exploring the Interaction between Emotions and Legal Institutions May 9-10, 2008 The University of Chicago Law School 1111 East 60th Street, Chicago The design of legal institutions is based on implicit and explicit assumptions about human behavior,...

Call for Papers: Constitutional Law in Crisis

Posted on February 19, 2008
2009 ANNUAL AALS MEETING AALS SECTION ON CONSTITUTIONAL LAW CALL FOR PAPERS IS AMERICAN CONSTITUTIONAL LAW IN CRISIS? At the January, 2009 Annual Meeting of the AALS, the Section on Constitutional Law will host a panel asking whether American constitutional...

Cuellar on Political Economy of Critical Justice

Posted on February 18, 2008
Mariano-Florentino Cuellar (Stanford Law School) has posted The Political Economies of Criminal Justice (University of Chicago Law Review, Vol. 75, 2008) on SSRN. Here is the abstract: Long understood as a specialized branch of law applicable to unambiguously harmful transgressions,...

Lande on Evaluating Dispute Resolutions Processes & Judges

Posted on February 18, 2008
John Lande (University of Missouri School of Law) has posted Judging Judges and Dispute Resolution Processes (Nevada Law Review, Vol. 7, 2007) on SSRN. Here is the abstract: This article critiques Professor Chris Guthrie's lead symposium article entitled, "Misjudging...

Malloy on Anonymous Blogging & Defamation

Posted on February 18, 2008
Betsy Malloy (University of Cincinnati - College of Law) has posted Anonymous Blogging and Defamation: Balancing Interests of the Internet (Washington University Law Review, Vol. 84, p. 1187, 2007) on SSRN. Here is the abstract: As more and more people...

Hazlett & Caliskan on Natural Experiments in Broadband Regulation

Posted on February 18, 2008
Thomas W. Hazlett and Anil Caliskan (George Mason University and George Mason University - School of Law) have posted Natural Experiments in U.S. Broadband Regulation on SSRN. Here is the abstract: Network neutrality (NN) regulations governing how broadband Internet Service...

Thompson on the Intersection of Immigration & Criminal Law

Posted on February 18, 2008
Sandra Guerra Thompson (University of Houston Law Center) has posted Speech: Latinas and Their Families in Detention: The Growing Intersection of Immigration Law and Criminal Law (William & Mary Journal of Women and the Law, Vol. 14, 2008) on SSRN....

Jimenez on Utilitarian Contract Damages

Posted on February 18, 2008
Marco Jimenez (Stetson University College of Law) has posted The Value of a Promise: A Utilitarian Approach to Remedies for the Breach of Contract on SSRN. Here is the abstract: This Article critically examines the applicability of law and economics,...

Legal Theory Bookworm

Posted on February 17, 2008
The Legal Theory Bookworm recommends The Power of Precedent by Michael J. Gerhardt. Here is a description: The role that precedent plays in constitutional decision-making is a perennially divisive subject among legal scholars and political scientists...

Legal Theory Lexicon: Transparency

Posted on February 17, 2008
Introduction Sooner or later, most law students encounter the idea that "transparency" (as opposed to "opaqueness") is a desirable characteristic in markets, procedures, and governance institutions (both private and public). But what is "transparency" and why is it a good...

Download of the Week

Posted on February 16, 2008
The Download of the Week is Originalism's Living Constitutionalism by Thomas Colby and Peter J. Smith. Here is the abstract: Originalists have consistently argued that originalism - which (they claim) accords to the Constitution fixed and determinate meaning - is...

Dickerson on Odious Debt

Posted on February 15, 2008
A. Mechele Dickerson (University of Texas School of Law) has posted Insolvency Principles and the Odious Debt Doctrine: The Missing Link in the Debate (Law and Contemporary Problems, Vol. 70, No. 3, Summer 2007) on SSRN. Here is the abstract:...

Colby & Smith on Originalism (and a comment about the meaning of originalism)

Posted on February 15, 2008
Thomas Colby and Peter J. Smith (George Washington University Law School and George Washington University Law School) have posted Originalism's Living Constitutionalism on SSRN. Here is the abstract: Originalists have consistently argued that originalism - which (they claim) accords to...

McKenna on Trademark Use

Posted on February 15, 2008
Mark P. McKenna (Saint Louis University - School of Law; Notre Dame Law School) has posted Trademark Use and the Problem of Source in Trademark Law on SSRN. Here is the abstract: This paper mediates a scholarly debate regarding the...

Open Access to Scholarship: Recent Developments and a Comment

Posted on February 15, 2008
Michael Carrol recently wrote about two significant developments in open-access to academic work. Here is an excerpt from Carrol's contribution to the cyberprof listserv: 1. Harvard. Yesterday, the Faculty of Arts and Sciences voted in favor of a policy under...

Call for Papers: Business, Law, and Technology at Touro

Posted on February 15, 2008
CALL FOR PAPERS International Conference on Business, Law and Technology (IBLT) Date: June 17-19, 2008 in Touro Law Center, Long Island, N.Y. The Conference is an opportunity for academics, practitioners and consultants from different backgrounds to come together and exchange...

Bederman on International Law in the Ancient World

Posted on February 15, 2008
David J. Bederman (Emory University School of Law) has posted International Law in the Ancient World on SSRN. Here is the abstract: This brief contribution to THE HANDBOOK OF INTERNATIONAL LAW assesses the historiographic literature about the idea that ancient...

Lastowka & Dougherty on Copyright in Virtual Worlds

Posted on February 14, 2008
Greg Lastowka and Candidus Dougherty (Rutgers School of Law - Camden and Rutgers School of Law - Camden) have posted Copyright: Copyright Issues in Virtual Economies (E-Commerce & Policy, Vol. 9, No.5, May 2007) on SSRN. Here is the abstract:...

Conference Announcement: Legal Futures at Stanford

Posted on February 14, 2008
Legal Futures Conference Saturday, Mar. 8, 2008 9:00am-4:00pm Stanford Law School Room 290 http://cyberlaw.stanford.edu/node/5685 Registration: http://cyberlaw.stanford.edu/legalfutures Directions: http://www.law.stanford.edu/directions/ Google and Stanford Law School's Center for Internet and Society are delighted to invite you to attend "Legal Futures": a conversation between...

Chang & Evans on Criminal Prosecutions of Corporate Fraud

Posted on February 14, 2008
Howard H. Chang and David S. Evans (Law and Economics Consulting Group (LECG), LLC and Law and Economics Consulting Group (LECG), LLC - Cambridge, MA Office) have posted Has the Pendulum Swung Too Far? (Regulation, Vol. 30, No. 4, Winter...

Carrington on Checks and Balances & Congress and the Courts

Posted on February 14, 2008
Paul D. Carrington (Duke University School of Law) has posted Checks and Balances: Congress and the Federal Courts (BOOK CHAPTER, REFORMING THE SUPREME COURT: TERM LIMITS FOR JUSTICES, Paul D. Carrington, Roger Cramton, eds., Carolina Academic Press, 2006) on SSRN...

Matwyshyn on Free Speech & Informational Security

Posted on February 14, 2008
Andrea M. Matwyshyn (The Wharton School, University of Pennsylvania) has posted Symbolic Harms on SSRN. Here is the abstract: A speaker with compromised information security exposes listeners to risk of identity theft and unknowingly becoming part of organized crime operations...

Rizzoli on the Economics of Legal Remedies

Posted on February 14, 2008
Matteo Rizzolli (Department of Economics - University of Milan, Bicocca and University of Siena - Faculty of Economics) has posted The Cathedral: An Economic Survey of Legal Remedies on SSRN. Here is the abstract: The law is about designing as...

Bederman on Transnational Governance

Posted on February 14, 2008
David J. Bederman (Emory University School of Law) has posted Diversity and Permeability in Transnational Governance on SSRN. Here is the abstract: Part of a larger book-length project on globalization and international law (forthcoming in 2008), this article challenges the...

Rimalt on Female Conscientious Objectors

Posted on February 13, 2008
Noya Rimalt (University of Haifa - Faculty of Law) has posted Equality with a Vengeance - Female Conscientious Objectors in Pursuit of a 'Voice' and Substantive Gender Equality (Columbia Journal of Gender and Law, Vol. 16, No. 1, 2007) on...

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