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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

Book Announcement: Shakespeare's Imaginary Constitution by Raffield

Posted on November 04, 2010
Shakespeare's Imaginary Constitution Late Elizabethan Politics and the Theatre of Law Paul Raffield 'It is now canon in progressive U.S. legal scholarship that to focus solely on the text of our Constitution is myopic. We look as well for "constitutional...

Book Announcement: Who are the Criminals by Hagan

Posted on November 04, 2010
Who Are the Criminals? The Politics of Crime Policy from the Age of Roosevelt to the Age of Reagan John Hagan To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9303.html How did the United States go...

Hunter on Patient Identity & Patient Centeredness

Posted on November 04, 2010
Nan D. Hunter (Georgetown University Law Center) has posted Rights Talk and Patient Subjectivity: The Role of Autonomy, Equality and Participation Norms (Wake Forest Law Review, Vol. 45, 2010) on SSRN. Here is the abstract: Patients themselves have transformed the...

Arnold on Property Law & Coastal Lands

Posted on November 04, 2010
Craig Anthony (Tony) Arnold (University of Louisville - Brandeis School of Law) has posted Legal Castles in the Sand: The Evolution of Property Law, Culture, and Ecology in Coastal Lands (Syracuse Law Review, Vol. 61, No. 2, 2010-11) on SSRN....

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DeGirolami on Shiffrin on the Religious Left

Posted on November 03, 2010
Marc O. DeGirolami (St. John's University School of Law) has posted Book Review: The Handmaid of Politics (Journal of Law and Religion, Forthcoming) on SSRN. Here is the abstract: This is a short review of Steven Shiffrin's book, The Religious...

Rodrigues on Nonprofit Corporations & Identity

Posted on November 03, 2010
Usha Rodrigues (University of Georgia Law School) has posted Entity and Identity (Emory Law Journal, Forthcoming) on SSRN. Here is the abstract: The function, indeed the very existence, of nonprofit corporations is under-theorized. Recent literature suggests that only preferential tax...

Book Announcement: Cultivating Conscience by Stout

Posted on November 03, 2010
Cultivating Conscience How Good Laws Make Good People Lynn Stout To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9272.html Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments...

Glensy on Constitutional Interpretation & International Law Sources

Posted on November 03, 2010
Rex D. Glensy (Drexel University - Earle Mack School of Law) has posted Constitutional Interpretation Through a Global Lens (Missouri Law Review, Forthcoming) on SSRN. Here is the abstract: This Article seeks to clarify the current debate concerning the use...

Wright on Henderson, Wolfers, & Zitzewitz on Prediction of Crime

Posted on November 03, 2010
Ronald F. Wright (Wake Forest University - School of Law) has posted Fragmented Users of Crime Predictions (Arizona Law Review, Vol. 52, No. 1, 2009) on SSRN. Here is the abstract: In this commentary on an article by Henderson, Wolfers,...

Owley on Use of Conservation Easements by Local Governments

Posted on November 03, 2010
Jessica Owley (University at Buffalo School of Law) has posted Use of Conservation Easements by Local Governments (GREENING LOCAL GOVERNMENT, Patricia Salkin and Keith Hirokawa, eds., A.B.A. Publishing, 2011) on SSRN. Here is the abstract: This chapter (which will be...

Fernandez-Barrera and Sartor on Legal Classifications & Computational Ontologies

Posted on November 02, 2010
Meritxell Fernandez-Barrera and Giovanni Sartor (European University Institute- Law Department and European University Institute Law Department) have posted Classifications and the Law: Doctrinal Classifications vs. Computational Ontologies on SSRN. Here is the abstract: This paper addresses legal classifications by comparing...

Waldron Bayle, Lock, Montesquieu, & Voltaire on Hate Speech

Posted on November 02, 2010
Jeremy Waldron (New York University - School of Law) has posted Toleration and Calumny: Bayle, Locke, Montesquie and Voltaire on Religious Hate Speech on SSRN. Here is the abstract: There is a considerable literature on the issue of hate speech....

Ochoa on Withdrawing from Customary International Law

Posted on November 02, 2010
Christiana Ochoa (Indiana University Maurer School of Law) has posted Disintegrating Customary International Law: Reactions to Withdrawing from Custom on SSRN. Here is the abstract: Withdrawing from International Custom, a recent article by Curtis Bradley and Mitu Gulati, has sparked...

Shany on Compliance with Remedies & the Effectiveness of International Courts

Posted on November 02, 2010
Yuval Shany (Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology) has posted Compliance with Decisions of International Courts as Indicative of Thier Effectiveness: A Goal-Based Analysis on SSRN. Here is the abstract: The paper, which is...

Brown, Whitford, & Yates on Judicial Institutions & Perceptions of the Rule of Law

Posted on November 02, 2010
David S. Brown , Andrew B. Whitford and Jeff Yates (University of Colorado at Boulder - Department of Political Science , University of Georgia - Department of Public Administration and Policy and Binghamton) have posted Perceptions of the Rule of...

Dolan on Religion in the Public Square & Salazar v. Buono

Posted on November 02, 2010
Mary Jean Dolan (The John Marshall Law School) has posted Salazar V. Buono: The Cross Between Endorsement and History (Northwestern University Law Review Colloquy, Vol. 105, p. 42, 2010) on SSRN. Here is the abstract: Despite its procedural complications and...

Rose on Game Theory & Stories

Posted on November 02, 2010
Carol M. Rose (University of Arizona - James E. Rogers College of Law) has posted Game Stories (Yale Journal of Law and the Humanities, Vol. 22, No. 369, 2010) on SSRN. Here is the abstract: Many scholars of law and...

Newton on Illegitimate Lawfare

Posted on November 02, 2010
Michael A. Newton (Vanderbilt Law School) has posted Illustrating Illegitimate Lawfare (Case Western Reserve Journal of International Law, Vol. 43, 2011) on SSRN. Here is the abstract: Lawfare that erodes the good faith application of the laws and customs of...

Symeonides on Party Autonomy, Private International Law, & Rome I and II

Posted on November 01, 2010
Symeon C. Symeonides (Willamette University - College of Law) has posted Party Autonomy in Rome I and I? from a Comparative Perspective (CONVERGENCE AND DIVERGENCE IN PRIVATE INTERNATIONAL LAW - LIBER AMICORUM, pp. 513-550, K. Boele-Woelki, T. Einhorn, D...

Nathenson on Civil Procedure & Copyright

Posted on November 01, 2010
Ira S. Nathenson (St. Thomas University School of Law) has posted Civil Procedures for a World of Shared and User-Generated Content (University of Louisville Law Review, Forthcoming). Here is the abstract: Scholars often focus on the substance of copyrights as...

Cimino on Virtue Jurisprudence

Posted on November 01, 2010
Chapin Cimino (Drexel University - Earle Mack School of Law) has posted Review Essay: Private Law, Public Consequences, and Virtue Jurisprudence (University of Pittsburgh Law Review, Vol. 71, p. 279, 2010). Here is the abstract: Virtue Jurisprudence is an ambitious...

Waldron on Vague Laws & the Guidance of Action

Posted on November 01, 2010
Jeremy Waldron (New York University - School of Law) has posted Vagueness and the Guidance of Action on SSRN. Here is the abstract: This paper is part of a more general argument I am pursuing about the idea of the...

Medina on the Israeli Supreme Court's Invalidation of Private Prisons

Posted on November 01, 2010
Barak Medina (Hebrew University of Jerusalem - Faculty of Law) has posted Constitutional Limits to Privatization: The Israeli Supreme Court Decision to Invalidate Prison Privatization on SSRN. Here is the abstract: The Israeli Supreme Court recently decided to strike down...

Legal Theory Lexicon: Originalism

Posted on October 31, 2010
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"--actually a loosely-knit family of constitutional theories. The idea that courts would look to evidence from the constitutional convention, the...

Legal Theory Bookworm

Posted on October 30, 2010
The Legal Theory Bookworm recommends Acting White: The Ironic Legacy of Desegregation by Stuart Buck. Here is a description: Buck, Arkansas University doctoral fellow in education reform, enters the black-white achievement gap debate with a review of anti-academic attitudes among...

Download of the Week

Posted on October 30, 2010
The Download of the Week is How to Define Secularism by Charles Taylor. Here is a taste: Everyone agrees today that modern, diverse democracies have to be ?secular?, in some sense of this term. But what sense? The term (along...

Taylor on Secularism

Posted on October 29, 2010
Charles Taylor has posted How to Define Secularism on the Internet. Here is a taste: Everyone agrees today that modern, diverse democracies have to be ?secular?, in some sense of this term. But what sense? The term (along with the...

Schwarzschild on Judicial Independence

Posted on October 29, 2010
Maimon Schwarzschild (University of San Diego School of Law) has posted Judicial Independence vs. Judicial Independence (THE CULTURE OF JUDICIAL INDEPENDENCE: CONCEPTUAL FOUNDATIONS AND PRACTICAL CHALLENGES, Brill Publishers, Forthcoming) on SSRN. Here is the abstract: Judicial independence is a cornerstone...

Gleicher on MoneyBombs

Posted on October 29, 2010
Nathaniel Jurist Gleicher (Yale Information Society Project) has posted MoneyBombs and Democratic Participation: Regulating Internet Fundraising (Maryland Law Review, Forthcoming) on SSRN. Here is the abstract: In the last decade, the Internet has upended the world of political fundraising, helping...

Alexander on Voluntary Enslavement

Posted on October 29, 2010
Larry Alexander (University of San Diego School of Law) has posted Voluntary Enslavement on SSRN. Here is the abstract: In this paper I examine fully voluntary and mutually advantageous agreements in which one party promises to serve for a lengthy...

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