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Legal Theory Blog

Visit Site - http://lsolum.typepad.com/legaltheory/

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:

Hovenkamp on Antitrust & Two-Sided Markets
Erik Hovenkamp (Harvard Law School) has posted Antitrust Policy for Two-Sided Markets on SSRN. Here is the abstract: As technology and interconnectivity have continued to flourish, so too has an important and complex form of enterprise: the platform....
Legal Theory Blog
Tuesday, February 20, 2018


Reingold & Thomas on the Ex Post Facto Clause
Paul D. Reingold (University of Michigan Law School) & Kimberly Thomas (University of Michigan Law School) have posted Wrong Turn on the Ex Post Facto Clause (California Law Review, Vol. 106, 2018) on SSRN. Here is the abstract: The Ex......
Legal Theory Blog
Tuesday, February 20, 2018


Heriot on Strict Scrutiny & Affirmative Action
Gail L. Heriot (University of San Diego School of Law) has posted Strict Scrutiny, Public Opinion, and Affirmative Action on Campus: Should the Courts Find a Narrowly Tailored Solution to a Compelling Need in a Policy Most Americans Oppose? (Harvard....
Legal Theory Blog
Tuesday, February 20, 2018


Spaic on Precedent & Civil Law Systems
Bojan Spaic (University of Belgrade - Faculty of Law) has posted The Authority of Precedents in Civil Law Systems on SSRN. Here is the abstract: In this paper I'm primarily concerned with framing the role of precedents in terms of......
Legal Theory Blog
Monday, February 19, 2018


Cheng on Fuller & ADR
Helen Cheng (Osgoode Hall Law School; Justice Institute of British Columbia) has posted Beyond Forms, Functions and Limits: The Interactionism of Lon L. Fuller and its Implications for Alternative Dispute Resolution (The Canadian Journal of Law and J...
Legal Theory Blog
Monday, February 19, 2018


Feyen on the American Legal Realism & European Constitutional Scholarship
Stef B.A.S. Feyen (Flemish Research Foundation (FWO)) has posted The Dogmatic Slumbers of Constitutional Doctrine on SSRN. Here is the abstract: My forthcoming (2019) dissertation raises the question whether European constitutional scholarship has ad...
Legal Theory Blog
Monday, February 19, 2018


Becher & Zarsky on Pro-Consumer Deviations from Consumer Form Contracts
Shmuel I. Becher (Victoria University of Wellington) & Tal Zarsky (University of Haifa - Faculty of Law) have posted Minding the Gap on SSRN. Here is the abstract: The digital world has become part of our DNA. The way e-commerce,......
Legal Theory Blog
Monday, February 19, 2018


Garrett Discriminatory Motive as Sufficient Grounds for Unconstitutionality
Brandon L. Garrett (University of Virginia School of Law) has posted Unconstitutionally Illegitimate Discrimination on SSRN. Here is the abstract: When government officials express intent to disparage or discriminate against a group, the constitution...
Legal Theory Blog
Monday, February 19, 2018


Dana on Judicial Review & Hyper-Polarization
David A. Dana (Northwestern University - Pritzker School of Law) & Michael Barsa (Northwestern University -- School of Law) have posted Judicial Review in an Age of Hyper-Polarization and Alternative Facts on SSRN. Here is the abstract: Hyper-pol...
Legal Theory Blog
Monday, February 19, 2018


Legal Theory Lexicon: Hohfeld
Introduction You need to know Hohfeld! Why? Because W.N. Hohfeld's typology of rights from his book Fundamental Legal Conceptions is fundamental. And useful! Law students encounter the idea of right (moral or legal) early and often. But "rights talk"...
Legal Theory Blog
Sunday, February 18, 2018



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