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Legal Theory Blog

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Lawrence Solum

Professor Solum is also the Editor of Legal Theory Blog, an influential weblog that focuses on developments in [Read More]

Categories: Law

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Latest Posts:

Legal Theory Lexicon: Balancing Tests
Introduction Balancing tests are ubiquitous in American law. From the Due Process Clause to the Freedom of Speech and from the federal joinder rules to personal jurisdiction, U.S. law makes the outcome of legal disputes dependent on the balancing of....
Legal Theory Blog
Sunday, December 10, 2017

Legal Theory Bookworm: "Law and Revolution" by Sultany
The Legal Theory Bookworm recommends Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring by Nimer Sultany on SSRN. Here is the abstract: What is the effect of revolutions on legal systems? What role do constitutions play in leg...
Legal Theory Blog
Saturday, December 9, 2017

Download of the Week: "The Genius of Hamilton and the Birth of the Modern Theory of the Judiciary" by Treanor
William Michael Treanor (Georgetown University Law Center) has posted The Genius of Hamilton and the Birth of the Modern Theory of the Judiciary (Cambridge Companion to The Federalist (Jack Rakove & Colleen Sheehan eds., Cambridge University Pres...
Legal Theory Blog
Saturday, December 9, 2017

Johnson on "The Rise and Fall of American Growth" by Gordon
Calvin H. Johnson (University of Texas at Austin - School of Law) has posted Winter is Coming: Tax Policy for the Coming Bitter Hard Times: A Review of Robert J. Gordon, The Rise and Fall of American Growth (157 Tax......
Legal Theory Blog
Friday, December 8, 2017

Armour, Fleischer, Knapp, & Winner on Brexit & Corporate Citizenship
John Armour (University of Oxford - Faculty of Law; University of Oxford - Said Business School; European Corporate Governance Institute (ECGI)), Holger Fleischer (Max Planck Institute for Comparative and International Private Law), Vanessa Jane Knap...
Legal Theory Blog
Friday, December 8, 2017

Grewal & Purdy on the "The Sleeping Sovereign" by Tuck
David Singh Grewal (Yale University - Law School) & Jedediah S. Purdy (Duke University School of Law) have posted The Original Theory of Originalism (Yale Law Journal, Vol. 127, No. 1, 2018) on SSRN. Here is the abstract: The U.S.......
Legal Theory Blog
Friday, December 8, 2017

Fox-Decent on Public Fiduciary Law
Evan Fox-Decent (McGill University - Faculty of Law) has posted New Frontiers of Public Fiduciary Law (Forthcoming, Evan J. Criddle, Paul B. Miller, Robert H. Sitkoff, eds., Oxford Handbook of Fiduciary Law; preliminary draft; please do not cite with...
Legal Theory Blog
Friday, December 8, 2017

Husak on the Defensibility of Nudges
Douglas Husak (Rutgers, The State University of New Jersey - Department of Philosophy) has posted The Folly of Categorization: Why Nudges are Even More Defensible than Their Advocates Suppose (The Georgetown Journal of Law & Public Policy, Vol. 1...
Legal Theory Blog
Friday, December 8, 2017

Nyawa on Teleological Interpretation of the Kenyan Constitution
Joshua Malidzo Nyawa has posted The 2010 Constitution As a Value Laden Constitution; Application of the Teleological Constitutional Interpretation on SSRN. Here is the abstract: A constitution usually reflects the values that a people hold dear and w...
Legal Theory Blog
Friday, December 8, 2017

Hemphill & Weiser on Predatory Pricing
C. Scott Hemphill and Phil Weiser (New York University School of Law and University of Colorado Law School) have posted Bringing Reality to the Law of Predatory Pricing (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: In Brooke......
Legal Theory Blog
Thursday, December 7, 2017

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