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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

Bandes on "The Wire"

Posted on October 07, 2010
Susan A. Bandes (DePaul University - College of Law) has posted And All the Pieces Matter: Thoughts on The Wire and the Criminal Justice System (Ohio State Journal of Criminal Law, Vol. 8, No. 2, 2011) on SSRN. Here is...

Wright & Stone on Behavioral Antitrust

Posted on October 06, 2010
Joshua D. Wright (George Mason University School of Law) & Judd E. Stone II (International Center for Law and Economics) have posted Misbehavioral Economics: The Case Against Behavioral Antitrust on SSRN. Here is the abstract: Dissatisfied with the mainstream antitrust...

Conference Announcement: Justice John Paul Stevens at Georgetown

Posted on October 06, 2010
The Georgetown Law Journal and Supreme Court Institute Present ?The Finest Legal Mind?: A Symposium in Celebration of Justice John Paul Stevens Friday, October 8th, 2010 Georgetown University Law Center 600 New Jersey Ave., NW, Washington, DC 20001 Location: 12th...

Morrison on Online Terrorism & Free Speech

Posted on October 06, 2010
Steven R. Morrison (University of North Dakota School of Law) has posted Terrorism Online: Is Speech the Same as It Ever Was? (Creighton Law Review, 2010) on SSRN. Here is the abstract: Like all of us, terrorists now use the...

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Miller on Strategic Mortgage Default

Posted on October 06, 2010
Meredith R. Miller (Touro College - Jacob D. Fuchsberg Law Center) has posted Strategic Default: The Popularization of a Debate Among Contract Scholars (Cornell Real Estate Journal, Vol. 9, Forthcoming) on SSRN. Here is the abstract: A June 2010 report...

Book Announcement: The Imperative of Integration by Anderson

Posted on October 06, 2010
The Imperative of Integration Elizabeth Anderson To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9354.html More than forty years have passed since Congress, in response to the Civil Rights Movement, enacted sweeping antidiscrimination laws in the...

Two Announcements from Wisconsin

Posted on October 06, 2010
Hurst Summer Institute in Legal History at Wisconsin Next biennial session will take place in June 2011; apply by 1/15/11. Complete information and application instructions can be found here: http://law.wisc.edu/ils/hurst_institute.htm Synopsis: The Hurst Summer Institute in Legal History is a...

Marcus on Desegregation Litigation & Class Actions

Posted on October 06, 2010
David Marcus (University of Arizona - James E. Rogers College of Law) has posted Flawed But Noble: Desegregation Litigation and its Implications for the Modern Class Action (Florida Law Review, Forthcoming) on SSRN. Here is the abstract: As revised in...

The Guardian on Philippa Foot

Posted on October 06, 2010
A very nice obituary of Foot here.

Conference Announcement: Fiduciary Law at Boston University

Posted on October 06, 2010
The Role of Fiduciary Law and Trust in the 21st Century: A Conference Inspired by the Work of Tamar Frankel October 29, 2010 Boston University School of Law Boston University School of Law is proud to honor Professor Tamar Frankel...

Hilson on Climate Change Litigation

Posted on October 06, 2010
Chris Hilson (University of Reading - School of Law) has posted Climate Change Litigation: A Social Movement Perspective on SSRN. Here is the abstract: Climate change litigation has been the subject of intense academic debate in recent years, but there...

Book Announcement: Lawyers and Fidelity to Law by Wendel

Posted on October 06, 2010
Lawyers and Fidelity to Law W. Bradley Wendel To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9330.html Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting...

Lemos on State Enforcement of Federal Law

Posted on October 05, 2010
Margaret H. Lemos (Benjamin N. Cardozo School of Law) has posted State Enforcement of Federal Law (New York University Law Review, Vol. 86, 2011) on SSRN. Here is the abstract: Federal law is enforced through a combination of public and...

Anderson on Foot

Posted on October 05, 2010
Kenneth Anderson writes about Philippa Foot here.

Adler on "To Catch a Predator" & Legal Discourse

Posted on October 05, 2010
Amy M. Adler (New York University - School of Law) has posted To Catch a Predator (Columbia Journal of Gender and Law, Forthcoming, NYU School of Law, Public Law Research) on SSRN. Here is the abstract: In the last two...

Sciullo on Legal Knowledge & Music

Posted on October 05, 2010
Nick J. Sciullo (West Virginia University College of Law) has posted Amos Lee?s 'Street Corner Preacher' Through Michel Foucault?s Critique of Scientific Knowledge: A Critique of Legal Knowledge (The Critical Legal Studies Journal, Vol. 4, No. 1, 2010) on SSRN...

Call for Papers: Feminist Legal Theory at Baltimore

Posted on October 05, 2010
CALL FOR PAPERS ? NEW DATE The University of Baltimore School of Law?s Center on Applied Feminism seeks submissions for its Fourth Annual Feminist Legal Theory Conference. This year?s theme is ?Applying Feminism Globally.? The conference date has changed from...

DeGirolami on "Counter-Progressive" Legal Theory

Posted on October 05, 2010
Over at Prawfs, Marc DeGirolami has a really nice post entitled "Counter-Progressive" Legal Theory?. Here is a taste: Here's [G.E.] White on the counter-Progressive tradition in American legal history: "Counter-Progressive work assumes that describing American society as a shifting clash...

Zipursky on Snyder v. Phelps

Posted on October 05, 2010
Ben Zipursky (Fordham) has posted Snyder v. Phelps, Outrageousness, and the Open Texture of Tort Law on the Internet. Here is the abstract:????? In Snyder v. Phelps, the United States Supreme Court will decide to what extent state tort law...

Perry on Civil Liability & the Deepwater Horizon Oil Spill

Posted on October 05, 2010
Ronen Perry (University of Haifa - Faculty of Law) has posted The Deepwater Horizon Oil Spill and the Limits of Civil Liability (Washington Law Review, Forthcoming) on SSRN. Here is the abstract: The article, which follows up on my recently...

Brettschneider on Religious Freedom

Posted on October 05, 2010
Corey L. Brettschneider (Brown University - Department of Political Science; Princeton University - Center for Human Values) has posted A Transformative Theory of Religious Freedom: Promoting the Reasons for Rights (Political Theory, vol 38, p. 187, (April, 2010)) on SSRN...

Curtis on Citizens United

Posted on October 04, 2010
Michael Kent Curtis (Wake Forest University - School of Law) has posted Citizens United and Davis V. Fec: Lochner on Steroids and Democracy on Life Support on SSRN. Here is the abstract: Citizens United conferred a free speech right on...

Serota & Singer on Procedural Justice for Veterans

Posted on October 04, 2010
Michael Serota & Michelle Singer have posted Veterans Injustice (Nebraska Law Review, Vol. 89, No. 3, 2010) on SSRN. Here is the abstract: America?s veterans have devoted a portion of their lives to protecting our nation. In return, the U.S....

Boyne on Prosecutorial Objectivity in Germany

Posted on October 04, 2010
Shawn Marie Boyne (Indiana University School of Law-Indianapolis) has posted Uncertainty and the Search for Truth at Trial: Defining Prosecutorial 'Objectivity' in German Sexual Assault Cases on SSRN. Here is the abstract: According to German legal scholar, Claus Roxin, German...

Philippa Foot (1920-2010)

Posted on October 04, 2010
Philippa Foot, for many years associated with Somerville College, Oxford and also with the University of California Los Angeles as the Griffin Professor of Philosophy, passed away yesterday, October 3, 2010. Foot was a giant of moral philosophy. Here books...

Nordgren & McDonnell on Judging More Harm as Less Harmful

Posted on October 04, 2010
Loran F. Nordgren1 and Mary-Hunter Morris McDonnell have posted The Scope-Severity Paradox: Why Doing More Harm Is Judged to Be Less Harmful (Social Psychological and Personality Science) on Sagepub.com. Here is the abstract: Punishment should be sensitive to the severity...

Book Announcement: Legal Theory Library

Posted on October 04, 2010
The Library of Essays in Contemporary Legal Theory: 3-Volume Set Edited by Maksymilian Del Mar, University of Lausanne, Switzerland; Michael Giudice, York University, Canada; William Twining, University College London, UK and Wil Waluchow, McMaster University, Canada Volume 1: The Methodology...

Orgad on the Preamble in Constitutional Interpretation

Posted on October 04, 2010
Liav Orgad (Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law) has posted The Preamble in Constitutional Interpretation (International Journal of Constitutional Law, I-CON, Forthcoming) on SSRN. Here is the abstract: From Plato?s Laws through common law and until modern...

Legal Theory Lexicon: Transparency

Posted on October 03, 2010
Introduction Sooner or later, most law students encounter the idea that "transparency" (as opposed to "opaqueness") is (all else being equal) a desirable characteristic in markets, procedures, and governance institutions (both private and public). But what is "transparency" and why...

Glencross on a Post-National EU

Posted on October 02, 2010
Andrew R. Glencross (University of Aberdeen - Department of Politics and International Relations) has posted A Post-National EU? The Problem of Legitimising the EU Without the Nation and National Representation (Political Studies, 2010) on SSRN. Here is the abstract: This...

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