tag:blogger.com,1999:blog-37751132011-12-13T19:55:54.963-08:00Legal Theory BlogThis 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.Lawrence Solumnoreply@blogger.comBlogger61071100tag:blogger.com,1999:blog-3775113.post-1163774124179916562011-03-16T06:35:00.000-07:002011-03-16T12:33:24.344-07:00New Location for Legal Theory Blog
The new location for Legal Theory Blog is: http://lsolum.typepad.com/legaltheory/Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152550492983739742006-07-22T05:15:00.000-07:002006-07-22T05:18:10.923-07:00Legal Theory Bookworm
The Legal Theory Bookworm recommends Dred Scott and the Problem of Constitutional Evil by Mark A. Graber. Here's a blurb:An examination of what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153570566664834622006-07-22T05:14:00.000-07:002006-07-22T05:16:06.796-07:00Download of the Week
The Download of the Week is Terms of Use by Mark Lemley. Here is the abstract:Electronic contracting has experienced a sea change in the last decade. Ten years ago, courts required affirmative evidence of agreement to form a contract. No court had enforced a “shrinkwrap” license, much less treated a unilateral statement of preferences as a binding agreement. Today, by Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153501374176799622006-07-21T10:00:00.000-07:002006-07-21T10:02:54.803-07:00Welcome to the Blogosphere . . .
. . . to Jurisdynamics hosted by Jim Chen with contributions from Daniel A. Farber and J.B. Ruhl.Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153491027522321642006-07-21T07:08:00.000-07:002006-07-21T07:10:27.530-07:00Bernstein on Lochner
David Bernstein (George Mason University - School of Law) has posted Lochner v. New York: A Centennial Retrospective on SSRN. Here is the abstract:This Article discusses two aspects of Lochner's history that have not yet been adequately addressed by the scholarly literature on the case.
Part I of the Article discusses the historical background of the Lochner case. The Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153490790635973572006-07-21T07:04:00.000-07:002006-07-21T07:06:31.393-07:00Appointments Chairs
Over at Prawfsblawg, the comments to the post entitled Faculty Appointments Chairs provide a list of the chairs are various American law schools.Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153486498095083702006-07-21T05:29:00.000-07:002006-07-21T06:04:00.393-07:00Barton on Teaching & Scholarship--and some comments!
If you are a legal academic, you should probably read this.
Benjamin Barton (University of Tennessee, Knoxville - College of Law) has posted Is There a Correlation Between Scholarly Productivity, Scholarly Influence and Teaching Effectiveness in American Law Schools? An Empirical Study on SSRN. Here is the abstract:This empirical study Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153404154318575952006-07-20T07:02:00.000-07:002006-07-20T07:02:34.473-07:00Thursday CalendarUniversity of Arizona Law: Mona Hymel, Globalization, Environmental Justice, and Sustainable Development: The Case of OilLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152993250067586202006-07-20T06:40:00.000-07:002006-07-20T07:03:40.496-07:00Beta Version of the New Legal Theory Blog
If you would like to see the new look of Legal Theory Blog, here is the URL:http://lsolum.typepad.com/legaltheory/. In addition, there is a new companion blog that will collect the Legal Theory Lexicon posts:http://lsolum.typepad.com/legal_theory_lexicon/During the "beta test," I will be requesting feedback on various design elements of the new version Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153337710230716662006-07-19T12:32:00.000-07:002006-07-19T12:35:10.236-07:00Lemley on Terms of Use
Mark A. Lemley (Stanford Law School) has posted Terms of Use on SSRN. Here is the abstract:Electronic contracting has experienced a sea change in the last decade. Ten years ago, courts required affirmative evidence of agreement to form a contract. No court had enforced a “shrinkwrap” license, much less treated a unilateral statement of preferences as a binding agreement. Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153337262038013622006-07-19T12:25:00.000-07:002006-07-19T12:27:42.053-07:00Ibrahim on Director Liability and the Nature of the Board
Darian Ibrahim (University of Arizona) has posted The Board as a Collective Body or a Collection of Individuals: Implications for Director Liability on SSRN. Here is the abstract:How should we conceive of a corporate board: as a collective body, or as a collection of individuals? And what practical consequences flow from our conception? Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153336958844345812006-07-19T12:22:00.000-07:002006-07-19T12:22:38.853-07:00Wendesday CalendarUniversity of Cincinnati Law: Ronna Schneider, Religion in the Public SchoolsLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153229792751479852006-07-19T12:20:00.000-07:002006-07-19T12:24:25.386-07:00Nichols on Chinese Regulation of Religion
Joel A. Nichols (Pepperdine University - School of Law) has posted Dual Lenses: Using Theology and Human Rights to Evaluate China's 2005 Regulations on Religion (Pepperdine Law Review, Vol. 34, 2006) on SSRN. Here is the abstract:In order for China to move forward in the international community, it needs to continue to improve its standing on human Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153246899381045352006-07-18T11:16:00.000-07:002006-07-18T12:30:58.610-07:00Young Scholars and Empirical Research
There is a thoughtful post entitled Should Young Scholars Engage in Empirical Legal Research? by Lisa Fairfax at Conglomerate. Here is a taste:I am at the SEALS annual conference and getting a chance to see some interesting panels as well as workshops for new law professors. One panel I attended focused on new developments in empirical legal research. Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153229986692398052006-07-18T06:38:00.000-07:002006-07-18T06:39:46.700-07:00Hricik on Law Blogging
David C. Hricik (Mercer University - Walter F. George School of Law) has posted Ethics of Blawging on SSRN. Here is the abstract:Addresses the legal ethical issues that face lawyers who blog (or blawg), including the potential for disclosure of client confidences, inadvertent formation of attorney-client relationships, and the unauthorized practice of law.Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153229710016077222006-07-18T06:30:00.000-07:002006-07-18T06:35:10.023-07:00May on Chevron
Randolph J. May (The Free State Foundation) has posted Defining Deference Down: Independent Agencies and Chevron Deference (Administrative Law Review, Vol. 58, p. 429, 2006) on SSRN. Here is the abstract:Surprisingly, although the rationale articulated in Chevron in support of the deference doctrine might suggest that independent agencies should receive less deference than Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153229341523722412006-07-18T06:24:00.000-07:002006-07-18T06:29:01.533-07:00Taslitz on the Subconscious and Rape
Andrew E. Taslitz (Howard University - School of Law) has posted Forgetting Freud: The Courts' Fear of the Subconscious in Date Rape (and Other) Cases on SSRN. Here is the abstract:Trial and appellate courts are often very resistant to using the lessons of social science in crafting substantive criminal law and evidentiary doctrines. Using the courts' refusalLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153228996437025792006-07-18T06:21:00.000-07:002006-07-18T06:23:16.443-07:00Sachs on Nuclear Waste Storage and the Mescalero Apaches
Noah Sachs (University of Richmond School of Law) has posted The Mescalero Apache and Monitored Retrievable Storage of Spent Nuclear Fuel: A Study in Environmental Ethics (Natural Resources Journal, Vol. 36, p. 641, 1996) on SSRN. Here is the abstract:The proposal of the Mescalero Apache Indians to host a nuclear waste storage facility Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153228605959137212006-07-18T06:12:00.000-07:002006-07-18T06:16:46.146-07:00Berners-Lee on Net Neutrality
Tim Berners-Lee has an excellent post on Net Neutrality. Here's a taste:Net neutrality is this:If I pay to connect to the Net with a certain quality of service, and you pay to connect with that or greater quality of service, then we can communicate at that level.
That's all. Its up to the ISPs to make sure they interoperate so that that happens.
Net Neutrality isLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153133627251982152006-07-17T03:52:00.000-07:002006-07-17T03:53:47.256-07:00Meese on Monopolization and the Theory of the Firm
Alan J. Meese (College of William and Mary) has posted Monopolization, Exclusion and the Theory of the Firm (Minnesota Law Review, Vol. 89, 2005) on SSRN. Here is the abstract:This article examines and critiques the distinction that courts currently draw under Section 2 of the Sherman Act between “competition on the merits,” on the one hand, Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153133340778695672006-07-17T03:46:00.000-07:002006-07-17T03:49:00.783-07:00Brooks on Hegal on Monarchy
Thom Brooks (University of Newcastle upon Tyne (UK)) has posted No Rubber Stamp: Hegel's Constitutional Monarch. Here is the abstract:Perhaps one of the most controversial aspects of Hegel's Philosophy of Right for contemporary interpreters is its discussion of the constitutional monarch. This is true despite the general agreement amongst virtually all interpreters Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153133059930599982006-07-17T03:42:00.000-07:002006-07-17T03:44:19.936-07:00Matwyshyn on Spam
Andrea M. Matwyshyn (University of Florida) has posted Penetrating the Zombie Collective: Spam as an International Security Issue (SCRIPT-ed, Vol. 4, 2006) on SSRN. Here is the abstract:Since the mid 1990's, spam has been legally analyzed primarily as an issue of balancing commercial speech with consumers' privacy. This calculus must now be revised. The possible deleterious Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153132830675062972006-07-17T03:38:00.000-07:002006-07-17T03:40:30.680-07:00Tehranian on Middle-Eastern Legal Scholarship
John Tehranian (University of Utah - S.J. Quinney College of Law) has posted Whitewashed: Towards a Middle-Eastern Legal Scholarship (Indiana Law Journal, Vol. 82) on SSRN. Here is the abstract:This Article examines the antinomy of middle-eastern legal and racial classification. Individuals of middle-eastern descent are caught in a catch-22. ThroughLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153336845867963272006-07-16T21:18:00.000-07:002006-07-19T12:20:46.466-07:00Legal Theory CalendarWednesday, July 19
University of Cincinnati Law: Ronna Schneider, Religion in the Public Schools
Thursday, July 20
University of Arizona Law: Mona Hymel, Globalization, Environmental Justice, and Sustainable Development: The Case of OilLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153065463389575812006-07-16T08:57:00.000-07:002006-07-17T03:33:10.190-07:00Callfor Papers: Canadian Legal Education Annual ReviewCALL FOR PAPERS
1ST (2007) ISSUE OF THE CANADIAN LEGAL EDUCATION ANNUAL REVIEW (CLEAR)
The Canadian Legal Education Annual Review is a peer-reviewed annual publication of the Canadian Association of Law Teachers (CALT). The aim of the journal is to foster scholarly exchanges on issues related to legal education and relevant to all Canadian Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1153062037844371242006-07-16T08:00:00.000-07:002006-07-16T08:00:38.013-07:00Legal Theory Lexicon: Libertarian Theories of LawIntroduction
The dominant approaches to normative legal theory in the American legal academy converge on fairly robust role for the state and government subject to the constraints imposed by an equally robust set of individual rights. Normative legal theorists of all stripes--conservatives and liberals, welfarists and deontologists—tend to agree Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152992740755609722006-07-15T12:44:00.000-07:002006-07-15T12:45:40.760-07:00Download of the Week
The Download of the Week is Habermas's Call for Cosmpolitan Constitutional Patriotism in an Age of Global Terror: A Pluralist Appraisal by Michel Rosenfeld. Here is the abstract:In recent work, Habermas has provided a critical account of the trend towards transnational government and global governance in terms of his conception of communicative action and his discourse Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152548854186388692006-07-15T12:42:00.000-07:002006-07-15T12:47:09.880-07:00Legal Theory Bookworm
The Legal Theory Bookworm recommends The Judge in a Democracy by Aharon Barak. Here's a blurb:Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152992058783660482006-07-14T12:31:00.000-07:002006-07-15T12:34:18.790-07:00Brown on Plea Bargaining and Regulation of Defense Counsel
Darryl K. Brown (Washington and Lee University - School of Law) has posted Executive-Branch Regulation of Criminal Defense Counsel and the Private Contract Limit on Prosecutor Bargaining on SSRN. Here is the abstract:Criminal defendants' right to counsel is regulated by courts, legislatures and, more recently and controversially, by the Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152991804489942992006-07-14T12:20:00.000-07:002006-07-15T12:30:04.876-07:00Gotanda on Transnational Contract Damages
John Y. Gotanda (Villanova University School of Law) has posted Damages in Lieu of Performance Because of Damages in Lieu of Performance Because of Breach of Contract (Villanova Law/Public Policy Research Paper No. 2006-8, DAMAGES IN PRIVATE INTERNATIONAL LAW, Hague Academy of International Law, 2007) on SSRN. Here is the abstract:In contract disputes Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152992579932665622006-07-14T11:41:00.000-07:002006-07-15T12:44:15.266-07:00Rosenfeld on Habermas on Patriotism
Michel Rosenfeld (Cardozo Law School) has posted Habermas's Call for Cosmpolitan Constitutional Patriotism in an Age of Global Terror: A Pluralist Appraisal on SSRN. Here is the abstract:In recent work, Habermas has provided a critical account of the trend towards transnational government and global governance in terms of his conception of communicative actionLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152992252047883052006-07-14T11:35:00.000-07:002006-07-15T12:38:07.590-07:00Somin on Raich
Ilya Somin (George Mason University - School of Law) has posted Gonzales v. Raich: Federalism as a Casualty of the War on Drugs (Cornell Journal of Law and Public Policy, Symposium on the War on Drugs, June 2006) on SSRN. Here is the Abstract:The Supreme Court's recent decision in Gonzales v. Raich marks a watershed moment in the development of judicial federalism. If it has not Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152819587296105852006-07-13T12:32:00.000-07:002006-07-14T04:37:29.000-07:00Yet More on Teaching and Scholarship
Orin Kerr has a very good post entitled Legal Scholarship and "the Canon" at OrinKerr.com, which quite properly questions the empirical foundation for my claim that immersion in the canon--which is required of younger teachers--leads to a parallel immersions in canon-focused scholarship. Also, Peter Spiro has a post entitled International Legal Scholarship Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152725177060018252006-07-12T10:45:00.000-07:002006-07-12T10:47:17.090-07:00More from Buck on Teaching and Scholarship
Stuart Buck replies to my post prompted by his Teaching vs. Scholarship. I agree with almost everything in Buck's most recent post, but I wanted to say a few more words about the larger topic: Is teaching in competition with scholarship? Or a they complimentary?
This issue is usually framed somewhat simplistically. Back in the day, the lay of the landLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152649749790754462006-07-11T13:04:00.000-07:002006-07-11T14:17:54.026-07:00Buck on Teaching versus Scholarship
Stuart Buck has a post on the old chestnut, the question whether scholarship interferes with or enhances teaching--in the context of legal education. One of Buck's points is that teaching may actually enhance scholarship:Why is this? For one simple reason: No matter how intensely you study a particular subject, if time goes by without regular review, it's easyLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152553601973654182006-07-10T10:37:00.000-07:002006-07-10T10:56:18.490-07:00State Decisis in a Court of Last Resort
One of my favorite topics has come up over at PrawfsBlawg, where guest blogger Russell Covey has posted Are Supreme Court Justices Bound By Supreme Court Precedent? Here's a taste:While reading Justice Stevens' dissent in Kansas v. Marsh, which is largely focused on explaining why his joining Justice Blackmun's dissent in Walton v. Arizona does not commit Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152546265623517872006-07-10T08:31:00.000-07:002006-07-10T08:44:25.873-07:00Fairness, Legitimacy, and Compliance
Over at Changing the Court, Aubrey Fox has a post entitled Why Fairness Matters. The post investigates compliance rates with court orders in light of Tom Tyler's work on procedural fairness and legitimacy. Here is a taste:So why are compliance rates with court orders typically so low in large urban jurisdictions? Social psychologists, such as Tom Tyler of Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152459591504233762006-07-09T08:36:00.000-07:002006-07-09T08:39:51.626-07:00Legal Theory Lexicon: The Counter-Majoritarian DifficultyIntroduction
The counter-majoritarian difficulty may be the best known problem in constitutional theory. The phrase is attributed to Alexander Bickel—a Yale Law School Professor—who is said to have introduced it in his famous book The Least Dangerous Branch. Whatever Bickel actually meant by the phrase, it has now taken on a life of its Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152371737577460962006-07-08T08:12:00.000-07:002006-07-08T08:15:37.726-07:00Legal Theory Bookworm
The Legal Theory Bookworm recommends Judging Under Uncertainty : An Institutional Theory of Legal Interpretation by Adrian Vermeule. Here's a blurb:How should judges, in America and elsewhere, interpret statutes and the Constitution? Previous work on these fundamental questions has typically started from abstract views about the nature of democracy or constitutionalism, or Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152357477830397132006-07-08T04:16:00.000-07:002006-07-08T04:17:57.936-07:00Download of the Week
The Download of the Week is The Economics of Open-Access Law Publishing by Jessica Litman. Here is the abstract:The conventional model of scholarly publishing uses the copyright system as a lever to induce commercial publishers and printers to disseminate the results of scholarly research. The role of copyright in the dissemination of scholarly research is in many ways Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152271776943202782006-07-07T04:27:00.000-07:002006-07-07T04:29:36.950-07:00More Reverse Engineering of U.S. News's Rankings by Tom Bell
Tom Bell has a post entitled Scores of All Law Schools in USN&WR Rankings at Agoraphilia. Here's a snippet:U.S. News & World Report does not disclose the scores of all the law schools it ranks. It does so only for schools ranked in tiers one or two. USN&WR lists schools in tiers three and four by name, alphabetically. It of course Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152271111727371242006-07-07T04:15:00.000-07:002006-07-07T04:18:31.936-07:00Hall & Wright on Content Analysis of Judicial Opinions
Mark A. Hall and Ronald F. Wright (Wake Forest University - School of Law and Wake Forest University - School of Law) have posted Systematic Content Analysis of Judicial Opinions on SSRN. Here is the abstract:Despite the interdisciplinary bent of legal scholars, the academy has yet to identify an empirical methodology that is uniquely its Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152192428076316512006-07-07T04:11:00.000-07:002006-07-07T04:19:44.660-07:00Ricks on Non-Precedential Opinions
Sarah E. Ricks (Rutgers, The State University of New Jersey - School of Law-Camden) has posted The Perils of Unpublished Non-precedential Federal Appellate Opinions: A Case Study of the Substantive Due Process State-Created Danger Doctrine in One Circuit (Washington Law Review, Vol. 81, p. 217, 2006) on SSRN. Here is the abstract:About 80% of federal appellate Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152192262443916642006-07-07T04:10:00.000-07:002006-07-07T04:19:16.480-07:00Sorenson on Resentencing
Quin M Sorenson (United States Court of Appeals for the Third Circuit) has posted The Illegality of Resentencing (Duquesne University Law Review, Vol. 44, p. 211, 2006) on SSRN. Here is the abstract:The Supreme Court in United States v. Booker held that mandatory application of the United States Sentencing Guidelines is inherently unconstitutional and, to preserve the Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152192446732444012006-07-07T04:09:00.000-07:002006-07-07T04:20:39.223-07:00Chen on Amicus Influence on Gonzales v. Raich
Paul H.S. Chen (Western Washington University - Department of Political Science) has posted Amici Curiae Influence on Supreme Court Decision-making in Gonzales v. Raich on SSRN. Here is the abstract:By attempting to discern the influence of information and arguments provided in amici cu-riae briefs on the recent Supreme Court case of Gonzales v. Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152191827868294132006-07-06T06:16:00.000-07:002006-07-06T06:17:07.873-07:00Thursday CalendarUniversity of Arizona Law: Kirsten Smolensky, Parental Liability for Genetic EnhancementLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152137395788065192006-07-06T06:12:00.000-07:002006-07-06T06:21:22.426-07:00Fowler, Johnson, Spriggs, Jeon, and Wahlbeck on Network Analysis of Supreme Court Precedents
James H. Fowler , Timothy R. Johnson , James F. Spriggs , Sangick Jeon and Paul J. Wahlbeck (University of California, Davis , University of Minnesota , Washington University, St. Louis - College of Arts & Sciences , University of California, Davis and George Washington University) have posted Network Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152191726823915392006-07-06T06:10:00.000-07:002006-07-06T06:15:26.830-07:00Litman on the Economics of Open-Access
Jessica Litman (University of Michigan) has posted The Economics of Open-Access Law Publishing (Lewis & Clark Law Review, Forthcoming) on SSRN. Here is the abstract:The conventional model of scholarly publishing uses the copyright system as a lever to induce commercial publishers and printers to disseminate the results of scholarly research. The role of Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152191425677418052006-07-06T06:08:00.000-07:002006-07-06T06:10:25.683-07:00Beny on Nielsen & Albitson on Public Interest Practice
Laura N. Beny (University of Michigan at Ann Arbor Law School) has posted Sample Selection, Methodology and Implications for the Have Nots: A Commentary on Professors Nielsen's and Albitson's 'The Organizational Environment of Public Interest Practice 1975-2000' (North Carolina Law Review, Vol. 84, No. 5, 2006) on SSRN. Here is the abstract:Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152191276997342202006-07-06T06:05:00.000-07:002006-07-06T06:07:57.003-07:00Evans & Alexeev on Response to Rankings
Jeffrey Evans Stake and Michael Alexeev (Indiana University School of Law-Bloomington and Indiana University Bloomington - Department of Economics) have posted Who Responds to U.S. News & World Report's Law School Rankings? on SSRN. Here is the abstract:U.S. News & World Report (USN&WR) publishes rankings of American Law Schools. The popularity of the Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152137781385154262006-07-06T06:00:00.000-07:002006-07-06T06:05:17.303-07:00Mitchell & Tetlock on Empirical Investigation of Corrective and Distributive Justice
Gregory Mitchell and Philip E. Tetlock (University of Virginia School of Law and University of California, Berkeley - Organizational Behavior & Industrial Relations Group) have posted An Empirical Inquiry into the Relation of Corrective Justice to Distributive Justice (Journal of Empirical Legal Studies, Vol. 3, Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152137714518849072006-07-05T15:12:00.000-07:002006-07-05T15:15:14.683-07:00Mitchell & Tetlock on Experimental Political Philosophy
Gregory Mitchell and Philip E. Tetlock (University of Virginia School of Law and University of California, Berkeley - Organizational Behavior & Industrial Relations Group) have posted Experimental Political Philosophy: Justice Judgments in the Hypothetical Society Paradigm on SSRN. Here is the abstract:In this draft of a chapter forthcomingLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152137556116984072006-07-05T15:11:00.000-07:002006-07-05T15:12:36.273-07:00Saver on Intangible Harm
Richard S. Saver (University of Houston - Health Law & Policy Institute) has posted Medical Research and Intangible Harm (University of Cincinnati Law Review, Vol. 74, p. 941, 2006) on SSRN. Here is the abstract:Although conventional wisdom assumes that human subjects participating in medical research face significant risk of pain, disability, and death, evidence Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152137032150054362006-07-05T15:01:00.000-07:002006-07-05T15:03:52.160-07:00Tiller & Yoon on PPT & Private Securities Litigation
Emerson H. Tiller and Albert Yoon (Northwestern University - School of Law and Northwestern University - School of Law) have posted Private Securities Litigation and the Courts: Positive Political Theory and Evidence on SSRN. Here is the abstract:This paper incorporates insights from Positive Political Theory to examine the role of legislativeLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152136818973119092006-07-05T14:57:00.000-07:002006-07-05T15:00:19.123-07:00Sander & Rozdeiczer on Matching Disputes and Procedures
Frank E.A. Sander and Lukasz Rozdeiczer (Harvard Law School and Harvard Law School) have posted Matching Cases and Dispute Resolution Procedures: Detailed Analysis Leading to a Mediation-Centered Approach Approach (Harvard Negotiation Law Review, Vol. 11, p. 1, 2006) on SSRN. Here is the abstract:This article builds on the January 1994 Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152024528784931882006-07-04T08:16:00.000-07:002006-07-04T08:20:48.730-07:00Chafetz on Yoder
Josh Chafetz (Yale Law School) has posted Social Reproduction and Religious Reproduction: A Democratic-Communitarian Analysis of the Yoder Problem on SSRN. Here is the abstract:In 1972, Wisconsin v. Yoder presented the Supreme Court with a sharp clash between the state's interest in social reproduction through education--that is, society's interest in using the educational Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152025530652117212006-07-03T20:03:00.000-07:002006-07-04T08:05:30.666-07:00Call for PapersHUMAN AFFAIRS: A Postdisciplinary Journal for Humanities Social Sciences
Call for Papers
FOR A SPECIAL ISSUE ON
action & practice theory
Guest Editor: Theodore R. Schatzki, University of Kentucky, USA
Human affairs are composed of human activities to asubstantial degree. Much of the social world also results from human activities, whether it is intended or outside people’s Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152025208573022052006-07-03T19:58:00.000-07:002006-07-04T08:00:08.583-07:00Call for Papers: Lesbian, Gay, Bisexual, and Transgender Legal IssuesLaw & Sexuality: A Review of Lesbian, Gay, Bisexual, and Transgender Legal Issues
Law & Sexuality is currently seeking timely theoretical or practical articles to be published in Spring 2007. Law & Sexuality, at Tulane Law School, is the first and only student-edited law review in the country devoted solely to covering legal Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152024992926314602006-07-03T19:52:00.000-07:002006-07-04T08:01:41.696-07:00Conference Announcement: Moral ContextualismThe Department of Philosophy at the University of Aberdeen is hosting an international conference on 'Moral Contextualism'.
The conference will take place on July 4-5 2006.
Programme:
John Hawthorne (Rutgers University) - Predicates of Character
Response: TBA
Alan Thomas (University of Kent) - Inferential Contextualism and Moral Cognitivism
Response Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152024767793561022006-07-03T19:49:00.000-07:002006-07-04T07:52:47.803-07:00Call for Papers: BSET 2007CALL FOR PAPERS: The BRITISH SOCIETY for ETHICAL THEORY
2007 CONFERENCE
University of Bristol, UK
9-11 July 2007
Invited Speakers: Roger Crisp (Oxford University) David Velleman (New York University)
Papers are invited for the annual conference of the British Society for Ethical Theory, to be held at the University of Bristol. The subject area is open within Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152024316867066862006-07-03T19:41:00.000-07:002006-07-04T07:45:17.013-07:00Conference Announcement: Antecedents of ActionPhilosphy of Action - Conference Announcement
ANTECEDENTS OF ACTIONS: Reasons, Decisions, Intentions and Will
www.uni-potsdam.de/action
14.-17. September 2006
University of Potsdam
Speakers:
Maria Alvarez (Southhampton, GB)
Michael Bratman (Stanford, USA)
Jennifer Hornsby (London, GB)
Marco Iorio (Bielefeld, D)
Geert Keil ( Aachen, D)
Christoph Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1152025621956894832006-07-02T20:06:00.000-07:002006-07-04T08:13:49.136-07:00Legal Theory CalendarThursday, July 6
University of Arizona Law: Kirsten Smolensky, Parental Liability for Genetic EnhancementLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151840062247398852006-07-02T04:34:00.000-07:002006-07-02T04:34:22.260-07:00Legal Theory Lexicon: LegitimacyIntroduction
Legitimacy. It’s a word much bandied about by students of the law. “Bush v. Gore was an illegitimate decision.” “The Supreme Court’s implied fundamental rights jurisprudence lacks legitimacy.” “The invasion of Iraq does not have a legitimate basis in international law.” We’ve all heard words like these uttered countless times, but what do they meanLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151839591711848072006-07-01T21:22:00.000-07:002006-07-02T04:26:31.823-07:00Legal Theory Bookworm
The Legal Theory Bookworm recommends The Rehnquist Legacy edited by Craig Bradley. Here's a blurb:During the thirty-three years William Rehnquist has been on the Supreme Court, nineteen as Chief Justice, significant developments have defined the American legal landscape. This book is a legal biography of Chief Justice William Rehnquist of the United States Supreme Court andLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151758742107849312006-07-01T05:57:00.000-07:002006-07-01T05:59:02.113-07:00Download of the Week
The Download of the Week is Temporary Legislation by Jacob E. Gersen. Here is the abstract:This paper provides a descriptive, positive, and normative analysis of temporary legislation, statutes containing a clause terminating legal authority on a specified future date. Notwithstanding the fact that a significant portion of the legislative docket consists of statutes that Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151759306793921662006-06-30T21:59:00.000-07:002006-07-01T06:08:26.800-07:00Welcome to the Blogosphere . . .
. . . to the Georgetown University Faculty Blog. Check out the live blogging by Rebecca Tushnet of a panel on Hamdan! And this post by Mark Tushnet on Hamdan.Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151759072261073252006-06-30T21:58:00.000-07:002006-07-01T06:04:32.266-07:00Balkin on Hamdan
Check out Jack Balkin on Hamdan: Hamdan and the NSA dispute. Here's a taste:While Stevens' Hamdan opinion appears on its surface to be merely concerned with statutory interpretation, it effectively undermines the Administration's strongest claims about Presidential power. Justice Kennedy's concurrence makes the constitutional points more explicitly, and that is why, I predict, Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151758616053718432006-06-30T21:54:00.000-07:002006-07-01T05:56:56.060-07:00Weisbach on Tax Expenditures
David A. Weisbach (University of Chicago Law School) has posted Tax Expenditures, Principal Agent Problems, and Redundancy on SSRN. Here is the abstract:This paper considers tax expenditures from two related perspectives. First, it analyzes how the incentives on Congress to use a tax expenditure change when principal agent problems are considered. For example, it Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151758479361316442006-06-30T21:52:00.000-07:002006-07-01T05:54:39.366-07:00Yale & Polsky on Reformng Deferred Compensation Taxation
Ethan Yale and Gregg D. Polsky (Georgetown University Law Center and University of Minnesota Law School) have posted Reforming the Taxation of Deferred Compensation (North Carolina Law Review, Forthcoming) on SSRN. Here is the abstract:Executive pay is currently a topic of significant interest for policymakers, academics, and the popular Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151758348333182642006-06-30T21:50:00.000-07:002006-07-01T05:52:28.340-07:00Maclin on DNA & the Fourth Amendment
Tracey Maclin (Boston University - School of Law) has posted Is Obtaining an Arrestee's DNA a Valid Special Needs Search Under the Fourth Amendment? What Should (and Will) the Supreme Court Do? (Journal of Law, Medicine & Ethics, Vol. 33, No. 1, Summer 2006) on SSRN. Here is the abstract:An increasing number of states are enacting laws authorizing the Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151758203539110792006-06-30T21:46:00.000-07:002006-07-01T05:50:03.663-07:00Austin on Civil Unions
Graeme W. Austin (University of Arizona - James E. Rogers College of Law) has posted Essay: Family Law and Civil Union Partnerships - Status, Contract and Access to Symbols (Victoria University Wellington Law Review, Vol. 37, 2006) on SSRN. Here is the abstract:This essay locates New Zealand's civil union legislation within the dynamic between status and contract that Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151592265299591612006-06-29T07:41:00.000-07:002006-06-29T08:44:09.656-07:00Hamdan
In a 5-3 decision (with Roberts not participating), the Supreme Court has ruled that the President lacked authority to establish military tribunals at Guantanmo Bay and that Common Article 3 of Geneva aplies as a matter of treaty obligation to the conflict against Al Qaeda.
The opinions are here.
Lyle Denniston has a good post on Scotus Blog. The New York Times has the AP story here. Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151493361172065162006-06-28T04:13:00.000-07:002006-06-28T04:16:01.180-07:00Call for Papers: Multiculturalism and Moral Conflict at DurhamCall for Papers
Workshop on Multiculturalism and Moral Conflict
The workshop will take place at the School of Government and International Affairs, Durham University on 21-23 March 2007.
Main speakers:
Gerald Gaus (University of Arizona)
John Horton (Keele University)
Peter Jones (Newcastle University)
Chandran Kukathas (University Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151493155836696472006-06-28T04:10:00.000-07:002006-06-28T04:12:35.843-07:00Call for Papers: Utilitiarism: An Ethics of Experience at the University of RomeCall for Papers
The international conference UTILITARIANISM: AN ETHICS OF EXPERIENCE? will be held at the University of Rome "La Sapienza", Rome, June 14-16, 2007.
The invited speakers are:
Sergio Bucchi (University of Rome "La Sapienza")
Sergio Cremaschi (University of Piemonte Orientale "A. Avogadro")
Piergiorgio Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151493017799354622006-06-28T04:08:00.000-07:002006-06-28T04:10:18.223-07:00Conference Announcement: Social Sciences & Democracy at GhentCONGRESS ANNOUNCEMENT
The Centre for Logic and Philosophy of Science of Ghent University, Belgium
invites you for a conference:
The Social Sciences and Democracy:
a philosophy of science perspective
28th - 30th of September 2006
Ghent, Belgium
http://logica.ugent.be/SSD/
Keynote speakers are:
Patrick Baert (University of CambridgeLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151395676111703412006-06-27T01:06:00.000-07:002006-06-27T01:07:56.220-07:00Welcome to the Blogosphere . . .
. . . to PLF on Eminent Domain, the Pacific Legal Foundation's blog on eminent domain.Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151395236300234702006-06-27T00:58:00.000-07:002006-06-28T00:42:54.393-07:00Pardo on Neuroscience Evidence
Michael S. Pardo (University of Alabama School of Law) has posted Neuroscience Evidence, Legal Culture, and Criminal Procedure on SSRN. Here is the abstract:Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151389662428044732006-06-26T23:25:00.000-07:002006-06-26T23:27:42.433-07:00Schkade, Sunstein, and Hastie on Deliberation and Polarization
David Schkade , Cass R. Sunstein and Reid Hastie (University of Texas at Austin - Department of Management Science & Information Systems , University of Chicago - Law School and University of Chicago - Graduate School of Business) have posted What Happened on Deliberation Day? on SSRN. Here's the abstract:What are the effects of Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151389499595016342006-06-26T23:22:00.000-07:002006-06-26T23:24:59.600-07:00Gersen on Temporary Legislation
Jacob E. Gersen (University of Chicago - Law School) has posted Temporary Legislation (University of Chicago Law Review, 2006) on SSRN. Here is the abstract:This paper provides a descriptive, positive, and normative analysis of temporary legislation, statutes containing a clause terminating legal authority on a specified future date. Notwithstanding the fact that Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151389346726536162006-06-26T23:20:00.000-07:002006-06-26T23:22:26.730-07:00Cox on Redistricting Institutions
Adam B. Cox (University of Chicago - Law School) has posted Designing Redistricting Institutions on SSRN. Here is the abstract:Recent movements to reform redistricting in the United States have focused almost exclusively on the possibility of replacing state legislatures with nonpartisan or bipartisan commissions. The nearly exclusive focus on who draws Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151389084213347802006-06-26T21:33:00.000-07:002006-06-26T23:18:04.370-07:00Conkle on Fundamentalism
Daniel O. Conkle (Indiana University School of Law-Bloomington) has posted Secular Fundamentalism, Religious Fundamentalism, and the Search for Truth in Contemporary America (Journal of Law and Religion, Vol. 12, p. 337, 1995-96) on SSRN. Here is the abstract:In this article, I suggest that America's ongoing culture war is a product, in part, of an epistemic crisis that Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151389792002874852006-06-26T21:27:00.000-07:002006-06-26T23:29:52.010-07:00Estlund on Arbitration Agreements & Non-Compete Covenants
Cynthia L. Estlund (New York University - School of Law) has posted Between Rights and Contract: Arbitration Agreements and Non-Compete Covenants as a Hybrid Form of Employment Law on SSRN. Here is the abstract:The employment relationship is governed largely by contract, but with a heavy overlay of “rights”: minimum terms and individual Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151389221312375812006-06-26T21:18:00.000-07:002006-06-26T23:20:21.320-07:00Corn on Kosovo & the War Powers Resolution
Geoffrey S. Corn (South Texas College of Law) has posted Kosovo, and the Final Destruction of the War Powers Resolution (William & Mary Law Review, Vol. 42, p. 1149, 2001) on SSRN. Here is the abstract:The United States air campaign to compel Serbia to halt military ethnic cleansing in Kosovo was the first combat operation conducted for more than sixty Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151395475441842712006-06-26T09:01:00.000-07:002006-06-27T01:04:35.446-07:00Cunningham on Common Law as an Interative Process
Lawrence A. Cunningham (Boston College Law School) has posted The Common Law as an Iterative Process: A Preliminary Inquiry (Notre Dame Law Review, Vol. 81, No. 3, pp. 747-782, 2006) on SSRN. Here is the abstract:The common law often is casually referred to as an iterative process without much attention given to the detailed attributes such Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151310054351482762006-06-25T21:53:00.000-07:002006-06-26T01:25:10.836-07:00Legal Theory CalendarWednesday, June 28
University of Cincinnati Law: Douglas Mossman, Predicting “Restorability” of Incompetent Criminal Defendants
Thursday, June 29
Florida State Law: Lorelei Ritchie de Larena, Florida State University College of LawLawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151247155943329462006-06-25T07:49:00.000-07:002006-06-25T07:52:36.206-07:00Legal Theory Lexicon: The Attitudinal Model & the New Institutionalism
Introduction
The legal academy is not the only locus for serious study of the law. Legal phenomena are examined in a variety of other disciplines—ranging from philosophy and sociology to history and anthropology, but political science (or “politics” or “government”) is the academic discipline that is most strongly associated Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151135271944657682006-06-24T00:45:00.000-07:002006-06-24T00:47:51.950-07:00Legal Theory Bookworm
The Legal Theory Bookworm recommends Yale Law School and the Sixties: Revolt and Reverberations by Laura Kalman. Here's a blurb:The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with Yale's past and with the social Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151135713455341012006-06-24T00:30:00.000-07:002006-06-24T00:57:40.860-07:00Download of the Week
The Download of the Week is Contract Formalism, Scientism, and the M-Word: A Comment on Professor Movsesian's Under-Theorization Thesis by Jeff Lipshaw. Here is the abstract:In two recent essays, Professor Mark L. Movsesian has suggested that a significant difference between the classical formalism of Williston and the formalism of contemporary contracts scholars is the Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151135044770674892006-06-23T21:50:00.000-07:002006-06-24T00:44:04.776-07:00Findley & Scott on Tunnell Vision in Criminal Cases
Keith A. Findley and Michael Scott (University of Wisconsin Law School and University of Wisconsin Law School) have posted The Multiple Dimensions of Tunnel Vision in Criminal Cases (Wisconsin Law Review, Vol. 2006, No. 2) on SSRN. Here is the abstract:The 170-plus postconviction DNA exonerations of the last 15 years have exposed numerous Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151134224004241122006-06-23T21:46:00.001-07:002006-06-24T00:30:24.010-07:00Joondeph on O'Connor's Federalism
Brad Joondeph (Santa Clara) has posted The Deregulatory Valence of Justice O'Connor's Federalism on SSRN. Here is the abstract:When Justice O'Connor announced her retirement in July 2005, reflections on her career teemed with references to her role as a leader of the Rehnquist Court's federalism revival. But the common perception of O'Connor as an ardent Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151134023327852442006-06-23T21:46:00.000-07:002006-06-26T01:46:59.126-07:00Leib on Appiah
Ethan J Leib has posted Rooted Cosmopolitans on SSRN. Here is the abstract:This is a review essay of Kwame Anthony Appiah's recent book, Cosmopolitanism (Norton 2006).Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151133847076745832006-06-23T21:40:00.000-07:002006-06-24T00:24:07.200-07:00New Issue of YLJ Online
The June 20006 isssue is online! Jamal Greene has Beyond Lawrence: Metaprivacy and Punishment:Lawrence v. Texas remains, after three years of precedential life, an opinion in search of a principle. It is both libertarian–Randy Barnett has called it the constitutionalization of John Stuart Mill’s On Liberty–and communitarian–William Eskridge has described it as the gay Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151134879332461032006-06-22T00:39:00.000-07:002006-06-24T00:41:19.346-07:00Parry & Hibbard on Sentimental Heroines
John T. Parry and Andrea L. Hibbard (Lewis & Clark College - Law School and Lewis & Clark College) have posted Law, Seduction, and the Sentimental Heroine: The Case of Amelia Norman on SSRN. Here is the abstract:This article examines the notorious mid-nineteenth-century American trial of Amelia Norman, who was acquitted – very much against the weight of Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151134735216241612006-06-22T00:37:00.000-07:002006-06-24T00:38:55.223-07:00Cho on Doha
Sungjoon Cho (Chicago Kent College of Law) has posted Doha's Development (Berkeley Journal of International Law, Vol. 25 No. 2, 2006, Forthcoming) on SSRN. Here is the abstract:This Essay argues that the current development crisis within the Doha Round is inextricably linked to the nature of modern day trade negotiations. This Round reveals a bargaining process in which the powerful Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1151134531989079032006-06-22T00:32:00.000-07:002006-06-24T00:36:27.916-07:00Conference Announcement: Ethical Naturalism at DurhamConference: Problems and Prospects for Ethical Naturalism
A postgraduate conference at St John's College, Durham University, UK
11th - 12th August 2006
Keynote speakers: Mary Midgley and Alexander Miller
Alongside the seemingly inexorable march of scientific discovery, the doctrine of philosophical naturalism, variously understood, has grown Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1150768475417538452006-06-20T22:05:00.000-07:002006-06-21T21:45:26.066-07:00Lipshaw on Contract Theory
Jeff Lipshaw (Tulane) has posted Contract Formalism, Scientism, and the M-Word: A Comment on Professor Movsesian's Under-Theorization Thesis on SSRN. Here is the abstract:In two recent essays, Professor Mark L. Movsesian has suggested that a significant difference between the classical formalism of Williston and the formalism of contemporary contracts scholars is the Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1150766882937045402006-06-20T22:03:00.000-07:002006-06-21T21:43:40.513-07:00New Legal Realism
Check out the website for this project-sponsored in part by the American Bar Foundation. Here's a bit from the page:The New Legal Realism Project (NLR) was initially sponsored by the American Bar Foundation and the Institute for Legal Studies at the University of Wisconsin Law School. The Project's goal is to develop rigorous, genuinely interdisciplinary approaches to the Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1150771286864328152006-06-20T22:01:00.000-07:002006-06-21T21:41:36.850-07:00Kochan on Statutory Limitations on Presidential Nominations
Donald Kochan (Chapman University - School of Law) has posted The Unconstitutionality of Class-Based Statutory Limitations on Presidential Nominations: Can a Man Head the Women's Bureau at the Department of Labor? on SSRN. Here is the abstract:Can a man be the Director of the Women's Bureau at the Department of Labor? According to Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1150766315266201212006-06-20T09:59:00.000-07:002006-06-21T21:39:38.520-07:00Tuesday CalendarCERSA (Université de Paris 2): Lawrence Solum (University of Illinois), Legal Complexity, Phronesis, and Equity. This event will be held at the Salle de Séminaire 3 ème étage, 10 rue Thénard F-75005 Paris, M° Cluny, Sorbonne.
University of Arizona Law: Kirsten Engel, "Who's Afraid of Overlapping Federal and State Jurisdiction?: Harnessing the Benefits of Competitive Vertical Lawrence Solumnoreply@blogger.comtag:blogger.com,1999:blog-3775113.post-1150769731519163772006-06-20T07:50:00.000-07:002006-06-20T08:00:04.816-07:00Stec on Homelessness & Personhood
Justin Stec's WHY THE HOMELESS ARE DENIED PERSONHOOD UNDER THE LAW: TOWARD CONTEXTUALIZING THE REASONABLENESS STANDARD IN SEARCH AND SEIZURE JURISPRUDENCE has been posted on the web. Here's the abstract: "The homeless have questionable and variable access to legitimate private
space. They live over time with little consistent unperturbed space to
develop and Lawrence Solumnoreply@blogger.com