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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

The Supreme Court Issue of the Harvard Law Review . . .

Posted on November 22, 2010
. . . is now available online. The forward is Federalism All the Way Down by Heather K. Gerken. Comments on Citizens United by Lucian A. Bebchuk and Robert J. Jackson, Jr., Samuel Issacharoff, and Kathleen M. Sullivan.

Brennan on Porter on Natural Law & Human Lawmaking

Posted on November 22, 2010
Patrick McKinley Brennan (Villanova University School of Law) has posted Lawmaking, Administration, and Traces of Civic Republicanism: Thought?s on Jean Porter?s Ministers of the Law (Journal of Catholic Social Thought: Symposium on Jean Porter's Ministers of the Law: Natural Law...

Dane on Natural Law & Choice of Law

Posted on November 22, 2010
Perry Dane (Rutgers School of Law - Camden) has posted The Natural Law Challenge to Choice of Law (THE ROLE OF ETHICS IN INTERNATIONAL LAW, Donald Earl Childress III, ed., Cambridge University Press, 2010) on SSRN. Here is the abstract:...

Milligan on Congressional End-Runs & Judicial Review

Posted on November 22, 2010
Luke M. Milligan (University of Louisville - Louis D. Brandeis School of Law) has posted Congressional End-Run: The Ignored Constraint on Judicial Review (Georgia Law Review, Vol. 45, p. 211, 2010) on SSRN. Here is the abstract: This Article identifies...

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Rodriguez on State Constitutional Failure

Posted on November 22, 2010
Daniel B. Rodriguez (University of Texas at Austin - School of Law) has posted State Constitutional Failure on SSRN. Here is the abstract: With the economic and political conditions of state governments in free fall, attention has turned to major...

Legal Theory Lexicon: Intention

Posted on November 21, 2010
Introduction Was it intentional? Did he intend to kill? What were the original intentions of the framers of the United States Constitution? "Intention" is an important concept for legal theory. On the one hand, "intention" figures prominently in theories of...

Legal Theory Bookworm

Posted on November 20, 2010
The Legal Theory Bookworm recommends Just and Unjust Warriors: The Moral and Legal Status of Soldiers, edited by David Rodin and Henry Shue. Here is a description: Can a soldier be held responsible for fighting in a war that is...

Download of the Week

Posted on November 20, 2010
The Download of the Week is What is Law? A Coordination Model of the Characteristics of Legal Order by Gillian Hadfield and Barry R. Weingast. Here is the abstract: Legal philosophers have long debated the question, what is law? When...

Patrick on Blasphemy

Posted on November 19, 2010
Jeremy Patrick (Osgoode Hall Law School, York University) has posted The Curious Persistence of Blasphemy on SSRN. Here is the abstract: Despite expectations to the contrary, blasphemy laws and their modern-day counterparts persist in a surprising number of jurisdictions around...

Druzin on the Criminalization of Lying

Posted on November 19, 2010
Bryan Druzin (King's College London - School of Law) has posted The Criminalization of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal? (Journal of Criminal Law and Criminology, Vol. 101, 2011) on SSRN. Here is the abstract:...

Waldron on "Responsibility Rights"

Posted on November 19, 2010
Jeremy Waldron (New York University - School of Law) has posted Dignity, Rights, and Responsibilities on SSRN. Here is the abstract: Taking as its point of departure, a Green Paper published by the UK government in 2008 urging greater emphasis...

Suchman & Mertz on Empirical Legal Studies and the New Legal Realism

Posted on November 19, 2010
Mark C. Suchman (Brown University) & Elizabeth Mertz (University of Wisconsin - Madison) have posted A New Legal Empiricism? Assessing ELS and NLR (Annual Review of Law and Social Science Vol. 6, pp. 555-579, 2010) on SSRN. Here is the...

Marciano on Calabresi & Coase

Posted on November 19, 2010
Alain Marciano (University of Reims Champagne-Ardenne - Facult� des Sciences Economiques) has posted Calabresi, ?Law and Economics? and the Coase Theorem on SSRN. Here is the abstract: In this paper, we show that, in 1961 and before he had read...

Chamorro-Courtland on Central Counterparty Clearing Systems & Transnational Lex Mercatoria

Posted on November 19, 2010
Christian Chamorro-Courtland (York University - Osgoode Hall Law School) has posted Central Counterparties (CCP) and the New Transnational Lex Mercatoria on SSRN. Here is the abstract: This article argues that the new transnational lex mercatoria is the main source of...

White on Law in American History

Posted on November 19, 2010
G. Edward White (University of Virginia School of Law) has posted Law in American History Chapter 2, Chapter 3, Chapter 4, Chapter 5 (LAW IN AMERICAN HISTORY: VOL. 1, FROM THE COLONIAL YEARS THROUGH THE CIVIL WAR) on SSRN. Here...

Scoular on Law & the Regulation of Sex Work

Posted on November 18, 2010
Jane Scoular (University of Strathclyde, Glasgow - School of Law) has posted What's Law Got to Do with it? How and Why Law Matters in the Regulation of Sex Work (Journal of Law and Society, Vol. 37, No. 1, March...

Dempsey on International Criminal Law & Philosophy

Posted on November 18, 2010
Michelle Madden Dempsey (Villanova University School of Law) has posted Breaking New Ground in International Criminal Law and Philosophy (Transnational Legal Theory, Vol. 1, No. 3, p. 453, 2010) on SSRN. Here is the abstract: This is a book review...

Sifferd on the Executive Processes & Legally Salient Mental States

Posted on November 18, 2010
Katrina Sifferd (Elmhurst College) & William Hirstein have posted The Legal Self: Executive Processes and Legal Theory (Consciousness and Cognition, Forthcoming) on SSRN. Here is the abstract: When laws or legal principles mention mental states such as intentions to form...

Dempsey on the Feminist Case for Abolition of Prostitution

Posted on November 18, 2010
Michelle Madden Dempsey (Villanova University School of Law) has posted Sex Trafficking and Criminalization: In Defense of Feminist Abolitionism (University of Pennsylvania Law Review, Vol. 158, No. 6, 2010) on SSRN. Here is the abstract: This article provides an overview...

Bohannan & Hovenkamp on Refusals to License Intellectual Property

Posted on November 18, 2010
Christina Bohannan and Herbert J. Hovenkamp (University of Iowa - College of Law and University of Iowa - College of Law) have posted Concerted Refusals to License Intellectual Property Rights on SSRN. Here is the abstract: Unilateral refusals to license...

Holman on Copyright for Engineered DNA

Posted on November 18, 2010
Christopher M. Holman (University of Missouri - Kansas City School of Law) has posted Copyright for Engineered DNA: An Idea Whose Time Has Come? on SSRN. Here is the abstract: The rapidly emerging field of synthetic biology has tremendous potential...

Hadfield & Weingast on the Nature of Law

Posted on November 17, 2010
Gillian Hadfield and Barry R. Weingast (USC Law School and Department of Economics and Stanford University - The Hoover Institution on War, Revolution and Peace) have posted What is Law? A Coordination Model of the Characteristics of Legal Order on...

Pfander & Hunt on Private Bills & Government Accountability in the Early Republic

Posted on November 17, 2010
James E. Pfander (Northwestern University School of Law) & Jonathan L. Hunt (Mayer, Brown & Platt LLP) have posted Public Wrongs and Private Bills: Indemnification and Government Accountability in the Early Republic (New York University Law Review, Forthcoming) on SSRN...

Greiner & Wolos on Legal Representation & the Probability of Favorable Outcomes

Posted on November 17, 2010
D. James Greiner and Cassandra Wolos Pattanayak (Harvard Law School and Harvard University - Department of Statistics) have posted What Difference Representation? on SSRN. Here is the abstract: We report the results of the first in a series of randomized...

Burdon on the Rights of Nature

Posted on November 17, 2010
Peter D. Burdon (University of Adelaide, School of Law) has posted The Rights of Nature: Reconsidered (Australian Humanities Review, Vol. 49, p. 69, 2010) on SSRN. Here is the abstract: This paper considers some of the recent legislative developments concerning...

Rosenthal on the Second Amendment & Levels of Scrutiny

Posted on November 17, 2010
Lawrence Rosenthal (Chapman University - School of Law) has posted Second Amendment Plumbing After McDonald Exploring the Contradiction in the Second Amendment (Northwestern University Law Review Colloquy, Vol. 85, p. 105, 2010) on SSRN. Here is the abstract: These essays...

Magliocca on the Gold Clause Cases

Posted on November 17, 2010
Gerard N. Magliocca (Indiana University School of Law - Indianapolis) has posted The Gold Clause Cases and Constitutional Necessity on SSRN. Here is the abstract: This Article presents a case study of how constitutional actors respond when the rule of...

Tsesis on University Hate Speech Codes

Posted on November 16, 2010
Alexander Tsesis (Loyola University Chicago School of Law) has posted Burning Crosses on Campus: University Hate Speech Codes (Connecticut Law Review, Vol. 43, No. 2, December 2010) on SSRN. Here is the abstract: Debates about the value and constitutionality of...

Engle on American Legal Thought & Sovereignty

Posted on November 16, 2010
Eric Engle (Universit�t Bremen) has posted The Crisis of American Legal Thought and the Transformation of Sovereignty on SSRN. Here is the abstract: In the late 20th Century U.S. legal theory splintered due to a crisis of interpretation into competing...

Mamolea on Corporate Liability under the Alien Tort Statute

Posted on November 16, 2010
Andrei Mamolea (Duke University School of Law) has posted The Future of Corporate Aiding and Abetting Liability Under the Alien Tort Statute: A Roadmap (Santa Clara L. Review, Vol. 51, p. 79, 2011) on SSRN. Here is the abstract: This...

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