Legal Theory Blog
All the theory that fits!
This is Lawrence Solum's legal theory weblog. Legal Theory Blog comments and reports on recent scholarship in jurisprudence, law and philosophy, law and economic theory, and theoretical work in substantive areas, such as constitutional law, cyberlaw, procedure, criminal law, intellectual property, torts, contracts, etc.
Saturday, July 31, 2004
Legal Theory Bookworm This week, I have a list of contemporary "classic" titles on utilitarianism & consequentialism:
Download of the Week This week, the Download of the Week is Should We Value Legislative Integrity? by Andrei Marmor. Here's the abstract:
Friday, July 30, 2004
Posner & Sykes on Optimal War Eric Posner & Alan Sykes have posted Optimal War and Jus Ad Bellum on SSRN. Here is the abstract:
Harris on Innocence Seth D. Harris (New York Law School) has posted Innocence and The Sopranos (New York Law School Law Review Vol. 49) on SSRN. Here is the abstract:
Guadamuz on the Technology Transfer Andres Guadamuz has posted The Future of Technology Transfer in the Global Village (Journal of World Intellectual Property, Vol. 3, No. 4, pp. 589-602, 2000) on SSRN. Here is the abstract:
Hor on Corroboration Michael Hor (National University of Singapore - Faculty of Law) has posted Corroboration: Rules and Discretion in the Search for Truth (Singapore Journal of Legal Studies, pp. 509-542, 2000) on SSRN. Here is the abstract:
Tan on Finnis Seow Hon Tan (National University of Singapore) has posted Justification in Finnis' Natural Law Theory (Singapore Journal of Legal Studies, Forthcoming) on SSRN. Here is the abstract:
Thursday, July 29, 2004
Early Modern Philosophy Texts on the Web Jonathan Bennett has launched a new website (www.earlymoderntexts.com) containing versions of some classics of early modern philosophy, prepared with a view to making them easier to read while leaving the main arguments, doctrines, and lines of thought intact. He writes:
Two By Marmor Andrei Marmor has two new papers on SSRN:
Kerr on the Fourth Amendment & New Technologies Owen Kerr has posted The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution on SSRN. Here is the abstract:
More from Barnett on the Moral Foundations of Libertarianism Randy Barnett has a post entitled More on the Moral Foundations of Libertarianism on the Volokh Conspiracy. He concludes, "separating the political (how society should be structured) from the moral (how people should live their lives) is not to deny existence or importance of the moral." And for more on this, see Will Wilkinson's Understanding Political Libertarianism.
Litigation Blogs Gail Diane Cox of the National Law Journal has a piece entitled Blogs Dot the Litigation Landscape: Lawyers using Web logs must be mindful of pitfalls on Law.com. Here's a taste:
Lemley & Shapiro on Probabilistic Patents Mark A. Lemley and Carl Shapiro (Stanford University - School of Law and University of California, Berkeley - Economic Analysis & Policy Group) have posted Probabilistic Patents on SSRN. Here is the abstract:
Rai on Biotechnology Research, Proprietary Rights, and Collective Action Arti K. Rai (Duke University School of Law) has posted Proprietary Rights and Collective Action: The Case of Biotechnology Research with Low Commercial Value (INTERNATIONAL PUBLIC GOODS AND TRANSFER OF TECHNOLOGY UNDER THE GLOBALIZED INTELLECTUAL PROPERTY REGIME, Jerome Reichman, Keith Maskus, eds., 2004) on SSRN. Here is the abstract:
Lillquist & Sullivan on the Law & Genetics of Racial Profiling in Medicine R. Erik Lillquist and Charles A. Sullivan (Seton Hall Law School and Seton Hall University - School of Law) have posted The Law and Genetics of Racial Profiling in Medicine (Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Vol. 39, No. 391, 2004) on SSRN. Here is the abstract:
Koenig & Rustad on Environmental Crimtorts Thomas Koenig and Michael L. Rustad (Northeastern University - School of Law and Suffolk University - School of Law) have posted Toxic Torts, Politics, and Environmental Justice: The Case for Crimtorts (Law & Policy, Vol. 26, pp. 189-207, April 2004) on SSRN. Here is the abstract:
Jaisingh on Recording Company Strategies & Filesharing Jeevan Jaisingh (Hong Kong University of Science & Technology) has posted Piracy on File Sharing Networks: Strategies for Recording Companies on SSRN. Here is the abstract:
Wednesday, July 28, 2004
Leiter on Marx & CLS Brian Leiter has an excellent post on the relationship between Marxism and the Critical Legal Studies movement. Here's a taste:
Balkin on a Progressive Constitution Check out this post by Jack Balkin. Here's a taste:
Issacharoff & Karlan on Political Gerrymandering Samuel Issacharoff and Pamela S. Karlan (Columbia Law School and Stanford Law School) have posted Where to Draw the Line?: Vieth v. Jubelirer, Cox v. Larios, and Judicial Review of Political Gerrymanders (University of Pennsylvania Law Review, Forthcoming) on SSRN. Here is the abstract:
McCann on Consumer Choice Theory in Nutritional Labeling Michael A. McCann (Harvard University - Harvard Law School) has posted Economic Efficiency and Consumer Choice Theory in Nutritional Labeling (Wisconsin Law Review, November 2004) on SSRN. Here is the abstract:
Harris on the East India Company as a Deal Ron Harris (University of California, Berkeley - School of Law (Boalt Hall)) has postedThe Formation of the East India Company as a Deal between Entrepreneurs and Outside Investors on SSRN. Here is the abstract:
Hayden on One Person One Vote Grant M. Hayden (Hofstra University - School of Law) has posted The False Promise of One Person, One Vote (Michigan Law Review, Vol. 102, p. 213, 2003) on SSRN. Here is the abstract:
Tuesday, July 27, 2004
McCaffery & Baron Think About Tax Edward J. McCaffery and Jonathan Baron (University of Southern California Law School and University of Pennsylvania - Department of Psychology) have posted Thinking about Tax on SSRN. Here is the abstract:
Horwitz on Grutter Paul Horwitz (University of San Diego - School of Law and Southwestern University School of Law) has posted Grutter's First Amendment on SSRN. Here is the abstract:
Conference Announcement: Impact of the Presidential Elections
New from Law and Politics Book Review
THE RULE OF LAW IN AMERICA, by Ronald A. Cass. Baltimore: Johns Hopkins University Press, 214 pp. 2003, Paper. $19.95. ISBN:0-8018-7441-6. 2001, Cloth $32.50. ISBN 0-8018-6728-2. Reviewed by John Brigham.
TOWARDS JURISTOCRACY: THE ORIGINS AND CONSEQUENCES OF THE NEW CONSTITUTIONALISM, by Ran Hirschl. Cambridge: Harvard University Press, 2004. 294pp. Cloth $49.95. ISBN: 0-674-01264-X. Reviewed by Mark Rush.
DIRECTIONS IN SEXUAL HARASSMENT LAW, by Catharine A. MacKinnon and Reva B. Siegel(eds.). New Haven: Yale University Press, 2003. 752pp. Cloth. $50.00. ISBN: 0-300-09800-6. Reviewed by Kathleen S. Sullivan.
Monday, July 26, 2004
Stout on the Nature of the Corporation Lynn A. Stout (University of California, Los Angeles - School of Law) has posted On the Nature of Corporations on SSRN. Here is the abstract:
Brady on the Lessons of Smith Kathleen Brady (Villanova University - School of Law) has posted Religious Organizations and Free Exercise: The Surprising Lessons of Smith (Brigham Young University Law Review, Forthcoming) on SSRN. Here is the abstract:
Wilkins on Diversity David B. Wilkins (Harvard University - Harvard Law School) has posted From 'Separate is Inherently Unequal' to 'Diversity is Good for Business': The Rise of Market-Based Diversity Arguments and the Fate of the Black Corporate Bar (Harvard Law Review, Vol. 117, No. 5, March 2004) on SSRN. Here is the abstract:
Spindelman on Lawrence v. Texas Marc Spindelman (Ohio State University - Michael E. Moritz College of Law) has posted Sodomy Politics in Lawrence v. Texas (Jurist, June 12, 2003) on SSRN. Here is the abstract:
Sunday, July 25, 2004
Ethical Internalism Check out A Problem for Ethical Internalism by Uriah Kriegel on Desert Landscapes. Here's a taste:
Saturday, July 24, 2004
Legal Theory Bookworm The Legal Theory Bookworm recommends Objectivity in Law and Morals edited by Brian Leiter. Here's the blurb:
Download of the Week This week, the Download of the Week is Barnett and the Constitution We Have Lost (forthcoming University of San Diego Law Review) on SSRN by Stephen M. Griffin (Tulane). Here is the abstract:
Friday, July 23, 2004
Trachtman on Cyberterrorism Joel P. Trachtman (Tufts University - The Fletcher School) has posted Global Cyberterrorism, Jurisdiction, and International Organization on SSRN. Here is the abstract:
Josephs on Apology in International and Comparative Law Hilary K. Josephs (Syracuse University College of Law) has posted The Remedy of Apology in Comparative and International Law: Self-Healing and Reconciliation (Emory International Law Review Emory International Law Review, Vol. 18, 2004, pages 53-84) on SSRN. Here is the abstract:
Call for Papers: Social Justice in a Changing World
Call for Papers: Journal of Social Philosophy
Call for Papers: Liberalism, Feminism and Multiculturalism
Conference Announcement: The Practice of Law-making and the Problem of Difference
Call for Papers: Ratio Juris
Call for Papers: Pluralism: Exploring Critical Issues
Conference Announcement: The 2004 Election: What Does it Mean for Campaigns and Governance?
Thursday, July 22, 2004
Barnett on the Moral Foundations of Libertarianism Randy E. Barnett (Boston University) has posted The Moral Foundations of Modern Libertarianism on SSRN. Here is the abstract:
Shah & Kesan on the Role of Institutions in Shaping Communications Technology Development Rajiv C. Shah and Jay P. Kesan (University of Illinois at Urbana-Champaign - Institute of Communications Research (ICR) and University of Illinois College of Law) have posted Recipes for Cookies: The Role of Institutions in Shaping the Development of Communication Technologies on SSRN. Here is the abstract:
Garnett on the State's Interest in the Development of Religious Doctrine Richard W. Garnett (University of Notre Dame - Law School) has posted Assimilation, Toleration, and the State's Interest in the Development of Religious Doctrine (UCLA Law Review, Vol. 51, No. 1, 2004) on SSRN. Here is the abstract:
Liu on Regulatory Copyright Joseph P. Liu (Boston College - Law School) has posted Regulatory Copyright (North Carolina Law Review, Forthcoming) on SSRN. Here is the abstract:
Vanneste et al on Commons & Anticommons Sven Vanneste , Alain Van Hiel , Francesco Parisi and Ben Depoorter (Universiteit Gent , Universiteit Gent , George Mason University School of Law and Yale University - Law School) have posted From 'Tragedy' to 'Disaster': Welfare Effects of Commons and Anticommons Dilemmas on SSSR. Here is the abstract:
Goldberg on Tort Law for Federalists John C.P. Goldberg (Vanderbilt University - School of Law) has posted Tort Law for Federalists (and the Rest of Us): Private Law in Disguise (Harvard Journal of Law & Public Policy, Vol. 28, 2004) on SSRN. Here is the abstract:
Sanchirico & Triantis on the Verifiability of Contract Performance & the Fabrication of Evidence Chris William Sanchirico and George G. Triantis (University of Pennsylvania - Law School & Wharton School and University of Virginia School of Law) have posted Evidentiary Arbitrage: The Fabrication of Evidence and the Verifiability of Contract Performance on SSRN. Here is the abstract:
Moore on Worthless Patents Kimberly A. Moore (George Mason University School of Law) has posted Worthless Patents on SSRN. Here is the abstract:
Conference Announcement: Particularism
Jonathan Dancy, the main proponent of moral particularism, has confirmed his participation at the conference. So a symposium on his work, including his just published book Ethics Without Principles (Oxford University Press, 2004) is one obvious topics; review of particularist criticism and the promise of positive particularism are another. An additional aim of this conference is assessing the prospect of extending particularist approach to other areas, such as aesthetics, epistemology and even metaphysics. Those interested to participate should send the title of their contribution with a longer abstract (1000-1500 words) till November 1st, 2004. They will receive the notice of acceptance by December 1st, 2004.
Bled conferences do not possess any financial means, so we would kindly ask you to request financing from your own institution in the case you would be interested to attend. For more info see http://www.daf-drustvo.si/bled.html. Best wishes, Matjaz Potrc and Vojko Strahovnik.
Wednesday, July 21, 2004
Blakely News & the Blogosphere Over at Sentencing Law & Policy, Doug Berman has the latest Blakely news, including links to the Solicitor General's filings! Chris Geidner has a very nice comment on the role that blogs have played in the post-Blakely fall out:
Baude on Blakely Check out Will Baude of Crescat Sententia who has a column titled Pro Circuit on the New Republic Online. Here's a taste:
Hiring Trends Don't miss Hiring Trends at 18 "Top" American Law Schools, posted on Monday.
Griffin Reviews Barnett Stephen M. Griffin (Tulane) has posted Barnett and the Constitution We Have Lost (forthcoming University of San Diego Law Review) on SSRN. Here is the abstract:
Cueller on Sovereignty & Collective Security Mariano-Florentino Cuellar (Stanford) has posted Reflections on Sovereignty and Collective Security (Stanford Jounral of International Law, Vol. 40, No. 211, 2004) on SSRN. Here is the abstract: