Legal Theory Blog |
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 All the theory that fits! Home 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. RSS Links for Legal Theory Blog --Lawrence B. Solum (My Homepage at the University of Illinois) --My College of Law Directory Page --My Philosophy Department Directory Page --Email me --Legal Theory Annex (All the theory that does not fit.) --Legal Theory Lexicon (Basic concepts in legal theory for first year law students.) --My Publications on SSRN Noteworthy Posts Hiring Trends at 18 "Top" American Law Schools 2005-06 Report on Law School Entry Level Hiring 2004-05 Report on Law School Entry Level Hiring 2003-04 Report on Entry Level Hiring Legal Theory Bookclub: Lessig's Free Culture Getting to Formalism Water Wells and MP3 Files: The Economics of Intellectual Property Do Humans Have Character Traits? Naturalistic Ethics The Case for Strong Stare Decisis, or Why Should Neoformalists Care About Precedent? Part I: The Three Step Argument Part II: Stare Decisis and the Ratchet Part III: Precedent and Principle Fear and Loathing in New Haven A Neoformalist Manifesto Understanding the Confirmation Wars: The Role of Political Ideology and Judicial Philosophy Breaking the Deadlock: Reflections on the Confirmation Wars Going Nuclear: The Constitutionality of Recess Appointments to Article III Courts Archives 09/01/2002 - 09/30/2002 01/01/2003 - 01/31/2003 02/01/2003 - 02/28/2003 03/01/2003 - 03/31/2003 04/01/2003 - 04/30/2003 05/01/2003 - 05/31/2003 06/01/2003 - 06/30/2003 07/01/2003 - 07/31/2003 08/01/2003 - 08/31/2003 09/01/2003 - 09/30/2003 10/01/2003 - 10/31/2003 11/01/2003 - 11/30/2003 12/01/2003 - 12/31/2003 01/01/2004 - 01/31/2004 02/01/2004 - 02/29/2004 03/01/2004 - 03/31/2004 04/01/2004 - 04/30/2004 05/01/2004 - 05/31/2004 06/01/2004 - 06/30/2004 07/01/2004 - 07/31/2004 08/01/2004 - 08/31/2004 09/01/2004 - 09/30/2004 10/01/2004 - 10/31/2004 11/01/2004 - 11/30/2004 12/01/2004 - 12/31/2004 01/01/2005 - 01/31/2005 02/01/2005 - 02/28/2005 03/01/2005 - 03/31/2005 04/01/2005 - 04/30/2005 05/01/2005 - 05/31/2005 06/01/2005 - 06/30/2005 07/01/2005 - 07/31/2005 08/01/2005 - 08/31/2005 09/01/2005 - 09/30/2005 10/01/2005 - 10/31/2005 11/01/2005 - 11/30/2005 12/01/2005 - 12/31/2005 01/01/2006 - 01/31/2006 02/01/2006 - 02/28/2006 03/01/2006 - 03/31/2006 04/01/2006 - 04/30/2006 05/01/2006 - 05/31/2006 06/01/2006 - 06/30/2006 07/01/2006 - 07/31/2006 Blogosphere New: --PrawfsBlog (Group BLog) --Balkinization (Jack Balkin) --Crescat Sententia (Group Blog) --Crooked Timber (Group Blog) --De Novo (Group Blog) --Desert Landscapes (Group Blog) --Discourse.Net (Michael Froomkin) --Displacement of Concepts (Group Blog) --Election Law (Rick Hasen) --Freedom to Tinker (Ed Felten) --The Garden of Forking Paths --How Appealing (Howard Bashman) --Instapundit (Glenn Reynolds) --Is That Legal? (Eric Muller) --Law & Society Weblog (Group Blog) --The Leiter Reports (Brian Leiter) --Lessig Blog (Lawrence Lessig) --Marstonalia (Brett Marston) --Paper Chase @ Jurist (Bernard Hibbitts) --Political Arguments (Group Blog) --ProfessorBainbridge.com (Stephen Bainbridge) --Pea Soup (Group Blog) --Punishment Theory (Group Blog) --The Right Coast (Group Blog) --SCOTUS Blog (Group Blog) --Sentencing Law and Policy (Douglas Berman --Statutory Construction Zone (Gary O'Connor) --TaxProf Blog (Paul Caron) --Volokh Conspiracy (Group Blog) Websites of Interest +Arts and Letters Daily +Conference Alerts +Daily Whirl +fa.philos-l +Economic Theory News +Encyclopedia of Law and Economics +Jurisprudence and Social Policy Program (U.C. Berkeley) eScholarship Repository +Law and Politics Book Reviews +Metapsychology Book Reviews +Notre Dame Philosophical Review +Online Papers in Philosophy +PoliticalTheory.info +SSRN Most Recent Uploads More Blogs of Interest --Althouse (Ann Althouse) --Asymmetrical Information (Jane Galt) --bIPlog (Group Blog) --The Blawg Review (Group Blog) --Brad DeLong --The Buck Stops Here (Stuart Buck) --Copyfight (Group Blog) --A Copyfighter's Musings (Derek Slater) --The Curmudgeonly Clerk --Daniel Drezner --Discriminations (John and Jessie Rosenberg) --Eastmania (Wayne Eastman) --EveTushnet.com (Eve Tushnet) --Freespace (Timothy Sandefur) --Furdlog Frank Field --Ideoblog (Larry Ribstein) --The Importance Of (Ernest Miller) --The Indiana Law Blog (Marcia J. Oddi) --Infothought (Seth Finkelstein) --IPKat (Jeremy Phillips and Ilanah Simon) --Law and Economics Blog (Greg Goelzhauser) --Law Dork (Chris Geidner) --Law Meme (Group Blog) --Lee Blog Edward Lee --Legal Ramblings (Steven Wu) --Lenz Blog (Karl-Friedrich Lenz) --Letters of Marque (Heidi Bond) --The Light of Reason (Arthur Silber) --Matthew Yglesias --philosophy.com (Gary Sauer-Thompson ) --Public Defender Dude --Rodger A. Payne's Blog --Southern Appeal (Group Blog) --Strange Doctrines/A> --Susan Crawford blog --A Taxing Blog (Group Blog) --That's News to Me (Group Blog) --Thoughts Arguments and Rants (Brian Weatherson) --Three Years of Hell to Become the Devil --The Trademark Blog (Martin Schwimmer) --Troppo Armadillo (Ken Parish) --Technology 360 --Tutissima Cassis (Nate Oman) --Unlearned Hand --Weatherall's Law (Kim Weatherall) --WENDY.SELTZER.ORG (Wendy Seltzer) --yin (Tung Yin) Legal Theory Programs & Websites --Arizona State Committee on Law and Philosophy --Cambridge Forum for Legal and Political Philosophy --Columbia Law School Center for Law and Philosophy --Columbia Legal Theory Workhsop --Georgetown University Law Center--Colloquium on Constitutional Law and Theory --Jurisprudence and Social Policy Program (U.C. Berkeley) --Kadish Center for Morality, Law, and Public Affairs (U.C. Berkeley) --NYU Colloquium in Legal, Political and Social Philosophy --Oxford Jurisprudence Discussion Group --Oxford Legal Philosophy --Oxford Centre for Ethics & Philosophy of Law --Queen's University Belfast Forlum for Law and Philosophy --Rutgers Institute for Law and Philosophy --UCLA Legal Theory Workshop --University of Pennsylvania Institute for Law and Philosophy --University College London: Colloquium in Legal and Social Philosophy --University of Chicago Law And Philosophy Workshops --University of Chicago: John M. Olin Program in Law and Economics Workshop --University of San Diego Institute for Law and Philosophy --University of Texas Law and Philosophy Program --Yale Law School: Legal Theory Workshop Links to Law School Workshops +Australian National University Faculty Events +Boston University +Buffalo +Columbia Center for Law and Economic Studies +Florida State +Fordham +George Mason +George Washington--IP Workshop Series +Georgetown Colloquium on Intellectual Property & Technology Law +Georgetown Law Workshops +Georgetown Law and Economics Workshop +Georgetown Law & Economics Workshop Series +Hofstra +University of Illinois +Lewis & Clark +Loyola Marymount +New York University +NYU Legal History Colloquium +Northwestern Law Colloquium +Oxford Law Events +Rutgers, Camden +Stanford Center for Internet & Society +Stanford Law School Olin Series +UCLA Colloquium +UCLA Legal History Workshop +UCLA Tax Policy --University of Chicago: John M. Olin Program in Law and Economics Workshop +University of Michigan Law and Economics +University of San Diego Colloquium Series +University of Texas Colloquium Series +Vanderbilt Scholarly Programs & Events Calendar +Villanova +Washington & Lee Faculty Workshops +Yale Law, Economics & Organizations Workshop Calendars & Events +Aristotelian Society +British Society for Ethical Theory +Conference Alerts +Events in Analytic Philosophy in Europe (and Overseas Countries) +The Philosophical Calendar +Philosophy Now Calendar +Political Science Online Upcoming Conferences +SSRN Professional Announcements Other Programs --Australian National University, Research School of Social Science, Philosophy Seminars --Boston University Philosophy Colloquia --Brown University Philosoophy Upcoming Events George Mason Workshop in Philosophy, Politics, and Economics --Harvard University, Philosophy Colloquia --MIT Philosophy Colloquia --New York University, Philosophy Events --Oxford: Events at the Faculty of Philosophy --Princeton University: Philosophy Department Talks --Princeton University: Political Philosophy Colloquium --Princeton University: Public Law Colloquium --Princeton University: Seminar in Law and Public Affairs --Tulane Philosophy and Center for Ethics & Public Affairs Seminars --University College, London: Political Theory Seminars --University of Arizona Philosophy Colloquia --University of Bristol Philosophy Research Seminars --University of California at Berkeley Philosophy Events --University of California at San Diego Philosophy Colloquia --University of Chicago Political Theory Workshop --University of London, School of Advanced Study, Philosophy Programme --University of Manchester Politics & Philosophy Research Seminars --University of Melbourne Philosophy Events --University of North Carolina: Philosophy Speakers --University of Pennsylvania: Philosophy Colloquiua --University of Pittsburgh Philosophy Calendar --Yale Philosophy Department Talks Some Legal Theorist Homepages --Robert Alexy (Christian Albrechts University Kiel) --Randy Barnett (BU) --Brian Bix (Minnesota) --Jules Coleman(Yale Law & Philosophy) --Ronald Dworkin(NYU & University College) --John Finnis(Oxford and Notre Dame) --John Gardner (Oxford) --Brian Leiter (Texas) --Micahel Moore (Illinois) --Dennis Patterson (Rutgers, Camden) --Stephen Perry (NYU) --Richard Posner (University of Chicago & USCA7) --Joseph Raz (Oxford and Columbia) --Jeremy Waldron (Columbia More to come! Journals Specializing in Legal Philosophy --American Journal of Jurisprudence --The Journal of Philosophy, Science, and Law --Law and Philosophy --Law and Social Inquiry --Legal Theory --Oxford Journal of Legal Studies Legal Theory Resources on the Web Entries from the Stanford Encyclopedia of Philosophy +Austin, John +justice, distributive +justice, as a virtue +legal philosophy, economic analysis of law +legal reasoning, interpretation and coherence +legal rights +liberalism +libertarianism +naturalism in legal philosophy +nature of law +nature of law, legal positivism +nature of law, pure theory of law +republicanism From the Oxford Handbook of Jurisprudence +Natural Law Theory: The Modern Tradition From the Oxford Handbook of Legal Studies +Law as an Autonomous Discipline From the Examined Life A Critical Introduction to Liberalism Papers & Articles +Virtue Jurisprudence Organizations +American Political Science Association(APSA) +American Society for Political and Legal Philosophy (ASPLP) +Association of American Law Schools(AALS) +Internationale Vereinigung fur Rechts und Sozialphilosophie(IVR) +Law and Society Association +Midwest Political Science Association (MPSA) My Postal Address Lawrence B. Solum University of Illinois College of Law 504 East Pennsylvania Ave Champaign, IL 61820 USA 
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Monday, May 31, 2004
Archibald Cox Archibald Cox, the great scholar of labor and constitutional law, passed away Saturday at the age of 92. Here are some of the stories: Baltimore Sun, NPR (audio), Boston Globe, New York Times. I had Cox for two classes at Harvard Law School, Labor Law and First Amendment. I took Labor Law from Cox my first year as an elective, and Cox made a huge impression one me. My early teaching style drew heavily on Cox as a model. I especially enjoyed his very rigorous, intellectually demanding approach, which required a deep engagement by students who wanted to keep up with Cox. Cox was both a mentor (he wrote many letters of recommendation) and a personal hero. He lived a long life, full of accomplishment and goodness. He was a wonderful teacher and a formidable lawyer. He will be remembered, of course, for his role in Watergate and as Solicitor General of the United States, but I will always remember the kindly face, the old and many times mended suits, and the pick up truck that Cox drove to Harvard. He was a giant. More on the ICANN Budget I found this quite interest. Europe sticks up two fingers at ICANN budget by Kieren McCarthy. Here is a taste:
Weekend Update On Saturday, the Legal Theory Bookworm recommended two classics by Jon Elster and the Download of the Week was Against Global Governance in the WTO by John O. McGinnis and Mark L. Movsesian. On Sunday, the Legal Theory Calendar previewed this weeks talks and conferences and the Legal Theory Lexicon topic was "The Internal Point of View." Monday Calendar
McDonnell on the Death Penalty and Terrorism Thomas M. McDonnell (Pace University School of Law) has posted The Death Penalty - An Obstacle to the War against Terrorism? (Vanderbilt Journal of Transnational Law, Vol. 37, No. 353, 2004) on SSRN. Here is the abstract:
Juergens on Emotion and Community as Factors in Professional Excellence for Lawyers Ann Juergens (William Mitchell College of Law) has uploaded The Role of Emotion and Community in Lawyers' Professional Excellence (Clinical Law Review, Forthcoming). Here is the abstract:
Setiya on the Ethics of Efficiency Kieran Setiya has posted Is Efficiency a Vice?. Here is a taste:
Dari-Mattiacci and De Geest on Judgement Proofness Giuseppe Dari-Mattiacci and Gerrit De Geest (George Mason University - School of Law and University of Utrecht - Utrecht School of Economics) have posted Judgment Proofness under Four Different Precaution Technologies (Journal of Institutional and Theoretical Economics, Forthcoming) on SSRN. Here is the abstract:
Krieger on Professionalism and Personal Satisfaction Lawrence S. Krieger (Florida State University College of Law) has posted The Inseparability of Professionalism and Personal Satisfaction (Clinical Law Review, Forthcoming). Here is the abstract:
Call for Papers: Genocide, Collective Guilt and Reparations
Call for Papers: Journal of Philosophy, Science & Law
Legal Theory Calendar
Legal Theory Lexicon: The Internal Point of View
Internal and External What is the difference between internal and external perspectives on the law? Obviously, we are dealing with a metaphor here. The idea is that one can look at the law from the inside or from the outside. Even if you have never encountered this distinction before, the intuitive idea is fairly clear. The internal point of view is the perspective of participants in the system. Thus, the internal point of view is paradigmatically the point of view of legal officials (such a judges). The external point of view is the perspective of outsiders. Thus, the external point of view is paradigmatically the point of view of a sociologist or anthropologist from a different culture, who observes the legal system. Here are some examples:
--Causal theories (e.g. a public-choice theory that explains why a particular area of law has come to be the way it is) are usually stated from the external point of view. In first-year law school courses, causal theories are usually stated in a very compact, even off-hand form. There may be a brief classroom discussion of the causal forces that shaped a particular legal doctrine, but it is fairly rare actually to read social science literature on topics like this. Rules and the Internal Point of View The internal point of view may have additional significance to legal theorists. One can argue that legal rules cannot be described from a purely external point of view. Huh? Imagine that you are an anthropologist from Mars, observing an earthly legal system. You would be able to note various regularities in behavior, but so long as you stuck to the purely external point of view, you would not be able to say anything about the content of the laws. In order to do that, you would need to ask the question "What is the meaning of the these legal texts and actions?" And to say anything about meaning, you would need to assume (at least hypothetically) something like the internal point of view. You would need to ask the question, "What does these behaviors are markings mean to those who are inside the practice of law?" If this argument is correct, then important consequences follow. Legal theorists are interested in legal theory. If the internal point of view is a necessary prerequisite for understanding the legal significance of the behavior of legal actors, then it would seem to follow that all legal theory requires that the theorist be able to assume the internal point of view at the stage where the theorist describes the legal phenomenon that are the object of study. Let me give an example of this rather abstract point. Suppose you want to develop a causal theory of tort law. You want to argue that there is an economic explanation of the emergence of negligence (as opposed to strict liability) as the primary standard of care in tort. The details of the theory don't matter, but let's assume you believe that inefficient legal standards create incentives for litigation and that a quasi-evolutionary process leads to the selection of efficient standards. And of course, you would need to argue that negligence is efficient. This theory is primarily stated from the external point of view, but it also relies on the legal meaning of the distinction between "negligence" and "strict liability"--concepts that can only be understood from the legal point of view. The central idea here is that the external point of view can describe the behavior of legal actors, but the internal point of view is required to understand the meaning of legal actions. Conclusion The distinction between the internal and external point of views is one of the basic ideas in legal theory. When you first begin to construct theories about the law, you should ask yourself, "Am I looking at this area of the law from the internal point of view or am I taking a perspective that is external to the law?" For more on theory construction, you might also want to look at an earlier post in the Legal Theory Lexicon series: Legal Theory Lexicon 016: Positive and Normative Legal Theories Sunday, May 30, 2004
Legal Theory Bookworm This week the Legal Theory Bookworm recommends two classics by Jon Elster. The first is Sour Grapes : Studies in the Subversion of Rationality. Here is a description:
Saturday, May 29, 2004
Download of the Week The Download of the Week is Against Global Governance in the WTO by John O. McGinnis and Mark L. Movsesian (Northwestern University - School of Law and Hofstra University). Here is the abstract:
SSRN Top Downloads SSRN is experiencing technical difficulties & their top download lists have not been updated since early. The overall list for all of SSRN is working however, and it includes three papers of interest to legal theorists:
Number 4 is The New Surveillance by Sonia Katyal (Fordham) Number 5 is The Aretaic Turn in Constitutional Theory Friday, May 28, 2004
Bainbridge on the Martial Virtues Stephen Bainbridge has an intriguing post on Iraq and the martial virtues:
Friday Calendar
Forty Years of Jury Research Author Meets Reader: Social Citizenship and Workfare in the United States and Western Europe: The Paradox of Inclusion, by Joel Handler Innovative Approaches to Legal Theory Reconceptualizing the Role of Judges: Past, Present, and Future Cyberlaw and Cyberspace Norms and Contracting Practices Courts and Democratic Politics: On the Team or On the Sidelines? Denning and Ramsey on Executive Preemption in Foreign Affairs Brannon P. Denning and Michael D. Ramsey (Cumberland School of Law and University of San Diego School of Law) have posted American Insurance Association v. Garamendi and Executive Preemption in Foreign Affairs (William & Mary Law Review, Forthcoming) on SSRN. Here is the abstract:
Bainbridge on LLC Veil Piercing Stephen M. Bainbridge (University of California, Los Angeles - School of Law) has posted Abolishing LLC Veil Piercing on SSRN. Here is the abstract:
Revesz & Stavins on Environmental Law & Policy Richard L. Revesz and Robert N. Stavins (New York University School of Law and Harvard University - John F. Kennedy School of Government) have posted Environmental Law and Policy on SSRN. Here is the abstract:
Anderson on Intuitions in Moral Theory James Anderson (University of San Diego) has uploaded A Critical Role for Intuitions in Moral Theory. Here is the abstract:
Setiya on Hume on Practical Reason Kieran Setiya has uploaded Hume on Practical Reason (forthcoming in Philosophical Perspectives). Here is a taste:
Basinger on Religious Pluralism David Basinger's article entitled Religious Diversity (Pluralism) is now available on the Stanford Encyclopedia of Philosophy. Here is a taste:
Faguet on Altruism and Empire Jean-Paul Faguet (London School of Economics - Development Studies Institute & Centre for Economic Performance) has posted Building Democracy in Quicksand: Altruism, Empire and the United States (Challenge, Vol. 47, No. 3, pp. 73-93, June 2004) on SSRN. Here is the abstract:
Mullin & Malani on Joint & Several Liabily's Effect on Bankruptcy Charles Mullin and Anup Malani (Vanderbilt University - Department of Economics and University of Virginia - School of Law) have posted The Effect of Joint and Several Liability on the Bankruptcy Rate of Defendants: Evidence from Asbestos Litigation. Here is the abstract:
Thursday, May 27, 2004
Internet Governance Department If you haven't already done so, take a look at ICANN grows up at last by Kieren McCarthy in The Register. Here is a taste:
Rappaport on O'Connor Over at The Right Coast, Mike Rappaport has a very nice post on Justice O'Connor's view of federalism. Here is a taste:
Thursday Calendar
Lawyers and Social Movements: Political and Legal Advocacy Property as Information Language and Law 1: Juries and Problems of Language Liberties in the Age of the Crusade Against Terrorism Law and Society Meets Law and Economics At University College, London, the Judith Jarvis Thompson (MIT) completes her Shearman Lectures, Reasons for Acting, Wanting, Admiring, Believing,..... Co on Section 337 Patent Cases Catherine Y. Co (University of Nebraska at Omaha - Department of Economics) has posted How Valuable are the Patents Behind Section 337 Cases? (The World Economy, Vol. 27, No. 4, pp. 525-539, April 2004) on SSRN. Here is the abstract:
Baicker and Jacobson on Forfeiture Katherine Baicker and Mireille Jacobson (Dartmouth College - Department of Economics and University of California, Irvine - Department of Planning, Policy and Design) have posted Finders Keepers: Forfeiture Laws, Policing Incentives, and Local Budgets on SSRN. Here is the abstract:
Wednesday, May 26, 2004
Conference Announcement: Democracy & Pluralism
Eric Muller on Legal Advice & Interrogation in Iraq I am impressed by the Eric Muller's very measured post, here. Wednesday Calendar
At University College, London, the Judith Jarvis Thompson (MIT) continues her Shearman Lectures, Reasons for Acting, Wanting, Admiring, Believing,..... At the American Enterprise Institute, Did Workers Pay for the Expansion of Products Liability Law? with Alexander (Sasha) Volokh, formerly of the Volokh Conspiracy! Here is the link to download Sasha's paper! Layers Principle Hits the Stands The Layers Principle: Internet Architecture and the Law by Minn Chung and myself is now available in print (79 Notre Dame L. Rev. 815 (2004)) and on Westlaw. For some commentary, you can surf here, here, and especially from Ed Felten here. You can listen to the audio of a talk I gave at Stanford here. Ellerman on Property Theory David Ellerman (University of California, Riverside - Department of Economics) has posted Introduction to Property Theory on SSRN. Here is the abstract:
Tuesday, May 25, 2004
Justifications and Excuses at Rutgers At the Rutgers-Camden Institute for Law and Philosophy, today and tomorrow, there is a conference entitled Justifications and Excuses: Legal and Philosophical Perpsectives. Here are the papers with links:
Lesser Evils: A Closer Look at the Paradigmatic Justification Larry Alexander On the Supposed Priority of Justification to Excuse Douglas Husak Consequentialist Justifications Within Deontological Ethics: The Royal Road to Objects of Categorical Obligation Michael S. Moore Equality and Individuation: The Case for Juries and Determinate Sentencing Stephen J. Morse Hatch on the Compromise The Washington Times has a story titled Bush deal for court nominees irks conservatives, but real meat of the story is actually a quote from Senator Hatch:
"Those kinds of arguments are beneath the dignity of comment," he said. "We were not going to get any confirmed. "The president was not going to make any more recess appointments anyway," Mr. Hatch said. "It was an absolute 'gimme.'" Tuesday Calendar
At Oxford's Jurisprudence Discussion Group, Jorge Menezes Oliveira, presents Harm, Offence, and Mill’s Conception of Liberty. At Oxford's Ockham Society, Valerie Tiberius (University of Minnesota) presents Practical Wisdom and Shifting Perspectives. At Rutgers, Justifications and Excuses: Legal and Philosophical Perpsectives begins today. You can access the papers here. Wu on Copyright's Communications Policy The hot download on SSRN is Tim Wu's Copyright's Communications Policy. Here is the abstract:
Fairman on Rule 9(b) Well, this is a topic that I find fascinating! Christopher M. Fairman (Ohio State University - Michael E. Moritz College of Law) has posted An Invitation to the Rulemakers - Strike Rule 9(b) (UC Davis Law Review, Vol. 38, 2004) on SSRN. Here is the abstract:
Overton on Judicial Review of Campaign Reform Spencer A. Overton (George Washington University - Law School) has posted Restraint and Responsibility: Judicial Review of Campaign Reform (Washington & Lee Law Review, Vol. 61, p. 663, May 2004). Here is the abstract:
Gan, Williams and Wiseman Model Hate Crimes Legislation Li Gan , Roberton C. Williams III, Thomas Wiseman (University of Texas at Austin - Department of Economics , Stanford University - Stanford Institute for Economic Policy Research , University of Texas at Austin - Department of Economics and University of Texas at Austin - Department of Economics) have posted A Simple Model of Optimal Hate Crime Legislation on SSRN. Here is the abstract:
Nzelibe on the Uniqueness of Foreign Affairs Jide Nzelibe (University of Chicago - Law School) has posted The Uniqueness of Foreign Affairs (Iowa Law Review, Vol. 89, No. 942, March 2004) on SSRN. Here is the abstract:
Moreau on the Wrongs on Unequal Treatment Sophia Reibetanz Moreau (University of Toronto - Faculty of Law) has posted The Wrongs of Unequal Treatment (University of Toronto Law Journal, Forthcoming) on SSRN. Here is the abstract:
Hylton on Calabresi and the Intellectual History of Law and Economics Keith N. Hylton (Boston University School of Law) has posted Calabresi and the Intellectual History of Law and Economics on SSRN. Here is the abstract:
Issacharoff on Democracy in Fractured Societies Samuel Issacharoff (Columbia Law School) has posted Constitutionalizing Democracy in Fractured Societies (Texas Law Review, Forthcoming) on SSRN. Here is the abstract:
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