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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

Adler on Anti-Conservation Incentives

Posted on February 13, 2008
Jonathan H. Adler (Case Western Reserve University - School of Law) has posted Anti-Conservation Incentives (Regulation, Vol. 30, No. 4, Winter 2007-2008) on SSRN. Here is the abstract: Several recent empirical studies have indicated that the Endangered Specifies Act (ESA)...

Miettinen & Suetens on Communication & Guild in Prisoner's Dilemmas

Posted on February 13, 2008
Topi Miettinen and Sigrid Suetens (University of Helsinki - Department of Economics and University of Antwerp - Faculty of Applied Economics) have posted Communication and Guilt in a Prisoner's Dilemma on SSRN. Here is the abstract: In this paper we....

Dougherty on Bragg v. Linden

Posted on February 13, 2008
Candidus Dougherty (Rutgers School of Law - Camden) has posted Bragg V. Linden: Virtual Property Rights Litigation (E-Commerce Law & Policy, Vol. 9, No. 7, July 2007) on SSRN. Here is the abstract: This is a short commentary about the...

Moohr on Fault-Based Liability for Complicit Corporations

Posted on February 13, 2008
Geraldine Szott Moohr (University of Houston Law Center) has posted Of Bad Apples and Bad Trees: Considering Fault-Based Criminal Liability for Complicit Corporations (American Criminal Law Review, Vol. 44, 2007) on SSRN. Here is the abstract: Current enforcement efforts are...

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Bederman on Habeas & the Roman Constitution

Posted on February 13, 2008
David J. Bederman (Emory University School of Law) has posted The Classical Constitution: Roman Republican Origins of the Habeas Suspension Clause on SSRN. Here is the abstract: The Framers were substantially influenced by ancient history and classical political theory, as...

Dannin, Dean, & Singh on Collective Bargaining

Posted on February 12, 2008
Ellen Dannin , Michelle A. Dean and Gangaram Singh (Pennsylvania State University - Dickinson School of Law , San Diego State University - College of Business Administration and San Diego State University - Department of Management) have posted Law Reform,...

Tin on Enemies of the State

Posted on February 12, 2008
Tung Yin (University of Iowa - College of Law) has posted Enemies of the State: Rational Classification in The War on Terrorism on SSRN. Here is the absract: The seemingly parallel cases of John Walker Lindh (informally dubbed the American...

Bederman on Romero v. International Terminal Operating Company

Posted on February 12, 2008
David J. Bederman (Emory University School of Law) has posted Romero's Enduring Legacy on SSRN. Here is the abstract: This paper was delivered as part of the Eighth Nicholas J. Healy Lecture: Admiralty's Greatest Supreme Court Hits, on May 3,...

Bezanson on Karen Finley v. NEA

Posted on February 12, 2008
Randall P. Bezanson (University of Iowa College of Law) has posted Performing Art (Federal Communication Law, April 2008, Randall P. Bezanson, ART AND FREEDOM OF SPEECH, University of Illinois Press, 2008-2009) on SSRN. Here is the abstract: In this modified...

Smith on Law, Religion, and Medical Science

Posted on February 12, 2008
George P. Smith II (Catholic University of America - Columbus School of Law) has posted Of Panjandrums, Pooh Bahs, Parvenus, and Prophets: Law, Religion, and Medical Science on SSRN. Here is the abstract: This Monograph derives from a Lecture, under....

Hesselink, Rutgers, & de Booys on EU Action re Internal Contract Law

Posted on February 11, 2008
European Contract Law Working Paper No. 2007/04 Martijn W. Hesselink , J.W. Rutgers and Tim Q. de Booys (Amsterdam Institute for Private Law (AIP) - Centre for the Study of European Contract Law (CSECL) , Free University of Amsterdam -...

2008 Entry Level Hiring Report: Data Collection

Posted on February 11, 2008
Once again, I will be collecting data on entry level hiring. Please submit data in the following format. Please email reports to me using this email address: lsolum@gmail.com using "2008 Entry Level Hiring Report" in the subject line. I will...

Legal Theory Lexicon: Fact and Value

Posted on February 10, 2008
Introduction Law students quickly learn that normative argument is an integral part of the law school experience. And sooner or later, they are likely to encounter what is called the fact/value distinction. Of course, the relationship between fact and value...

Legal Theory Bookworm

Posted on February 09, 2008
The Legal Theory Bookworm recommends Virtue Jurisprudence, edited by Colin Farrelly and Lawrence B. Solum. Here is a description: This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not...

Download of the Week

Posted on February 09, 2008
The Download of the Week is The Subjective Experience of Punishment by Adam J. Kolber (Princeton University, Center for Human Values). Here is the abstract: Suppose two people commit the same crime and are sentenced to equal terms in the...

Conference Announcement: Kamm's Intricate Ethics at Rutgers

Posted on February 08, 2008
The Rutgers Institute for Law and Philosophy will host a two-day conference on Frances Kamm's new book, *Intricate Ethics: Rights Responsibilities, and Permissible Harm*, at the Rutgers campus in Camden, New Jersey on Friday, February 22nd and Saturday, February 23rd...

2008 Entry Level Hiring Report

Posted on February 08, 2008
Data collection for the 2008 Entry Level Hiring Report will start on Monday. As in past years, I will be collecting data on entry-level tenure-track hiring at law schools in the United States. I will also pass along "volunteer" reports...

Conference Announcement: "A Just Empire?" at NYU

Posted on February 08, 2008
"A Just Empire? Rome's Legal Legacy and the Justification of War and Empire in International Law" will be held at NYU Law School on March 13-15, 2008 We hope that some of you will be able to attend. Roman law...

Rowe on Comparative Class Action Rules

Posted on February 08, 2008
Thomas D. Rowe, Jr. (Duke University School of Law) has posted State and Foreign Class-Action Rules and Statutes: Differences from - and Lessons For? - Federal Rule 23 (Western State University Law Review) on SSRN. Here is the abstract: This...

Weatherall on Australian Copyright Reform

Posted on February 08, 2008
Kimberlee G. Weatherall (The University of Queensland - T.C. Beirne School of Law) has posted Of Copyright Bureaucracies and Incoherence: Stepping Back from Australia's Recent Copyright Reforms (Melbourne University Law Review, Vol. 31, No. 2, 2007) on SSRN...

Spang-Hanssen on Cybercrime & International Law

Posted on February 08, 2008
Henrik Stakemann Spang-Hanssen has posted The Future of International Law: Cybercrime (Annual Survey of International and Comparative Law, Vol. 14, Spring 2008) on SSRN. Here is the abstract: This Article first deals with the question of to what extent the...

Nollkaemper on Transboundary Environmental Cluster Litigation

Posted on February 08, 2008
Andr� Nollkaemper (University of Amsterdam - Amsterdam Center for International Law) has posted Cluster-Litigation in Cases of Transboundary Environmental Harm (TRANSBOUNDARY ENVIRONMENTAL POLLUTION: THE CASE OF CHINA, Michael Faure, Song Ying, eds., Edward Elgar, 2008) on SSRN...

Tillman on Defects in Stock Issuances Under Delaware Law

Posted on February 08, 2008
Seth Barrett Tillman has posted Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law on BEPress. Here is the abstract: It is not unusual for practitioners reviewing a Delaware corporation's stock records to find omissions or procedural...

Berger on Religious Conscience & Criminal Law

Posted on February 07, 2008
Benjamin L. Berger (University of Victoria - Faculty of Law) has posted Moral Judgment, Criminal Law and the Constitutional Protection of Religion (Supreme Court Law Review, Vol. 41, No. 2, 2008, THE CHARTER AND CRIMINAL JUSTICE: TWENTY-FIVE YEARS LATER, Jamie...

Reidy on Talbott on Universal Rights

Posted on February 07, 2008
David A. Reidy (University of Tennessee - Department of Philosophy) has posted Review of Talbott's "Which Rights Should Be Universal?" (Human Rights Review, Winter, 2008) on SSRN. Here is the abstract: This review essay sets out the key features of...

Gross & Black on Securities Arbitration Fairness

Posted on February 07, 2008
Jill Gross and Barbara Black (Pace Law School and University of Cincinnati - College of Law) has posted Perceptions of Fairness of Securities Arbitration: An Empirical Study on SSRN. Here is the abstract: This Report to the Securities Industry Conference...

Kolber on the Subjective Experience of Punishment

Posted on February 06, 2008
Adam J. Kolber (Princeton University, Center for Human Values) has posted The Subjective Experience of Punishment on SSRN. Here is the abstract: Suppose two people commit the same crime and are sentenced to equal terms in the same prison facility....

Book Announcement: Tolerating Aversion by Brown

Posted on February 06, 2008
Regulating Aversion Tolerance in the Age of Identity and Empire Wendy Brown To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/8306.html Tolerance is generally regarded as an unqualified achievement of the modern West...

Conference Announcement: Federalism & International Law at Missouri

Posted on February 06, 2008
Return to Missouri v. Holland: Federalism and International Law University of Missouri Law Review Symposium 2008 February 15-16, 2008 Columbia, Missouri Hosted by: Professor Peggy McGuinness, University of Missouri School of Law Contact at: McGuinnessM@missouri...

Gerding on Experimental Asset-Market Research & Anti-Bubble Laws

Posted on February 06, 2008
Erik F. Gerding (University of New Mexico School of Law) has posted Laws Against Bubbles: An Experimental-Asset-Market Approach to Analyzing Financial Regulation (Wisconsin Law Review, Vol. 2007, No. 5, 2007) on SSRN. Here is the abstract: This article analyzes the...

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