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Legal Theory Blog

Legal Theory Blog

Covers constitutional theory, feminist legal theory, law and economics, normative legal theory and more. By University of Illinois Professor Lawrence B. Solum.

http://lsolum.typepad.com/legaltheory/
  • Nov 20

    Cohen on National versus Global Transplant Organ Allocation

    Cohen on National versus Global Transplant Organ Allocation
    I. Glenn Cohen (Harvard Law School) has posted Organs Without Borders? Allocating Transplant Organs, Foreigners, and the Importance of the Nation State (?) (Law and Contemporary Problems, Vol. 77, No. 3, 2014) on SSRN. Here is the abstract:…
  • Nov 20

    Austin on Snowden & the Surveillance State

    Austin on Snowden & the Surveillance State
    Lisa M. Austin (University of Toronto - Faculty of Law) has posted Lawful Illegality: What Snowden Has Taught Us About the Legal Infrastructure of the Surveillance State on SSRN. Here is the abstract: The Snowden revelations have revealed to…
  • Nov 20

    Lang on Legal Uncertainty

    Lang on Legal Uncertainty
    Matthias Lang (Humboldt University of Berlin - Institute of Economic Theory; CESifo (Center for Economic Studies and Ifo Institute); Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective…
Rank this Week: 42

The Right Coast

The Right Coast

Thoughts from San Diego on law, politics, and culture. By Thomas A. Smith.

http://rightcoast.typepad.com/rightcoast/
  • Nov 20

    Elizabeth Warren Pitches 'You Didn't Build That' 2.0 - NationalJournal.com

    Elizabeth Warren Pitches 'You Didn't Build That' 2.0 - NationalJournal.com
    "China is building a competitive advantage for its businesses, while we're cutting our basic investments," she said. via www.nationaljournal.com Yeah, I guess she was always some sort of Oakie Red. I hate that.
  • Nov 20

    Caudillo - Wikipedia, the free encyclopedia

    Caudillo - Wikipedia, the free encyclopedia
    Caudillo (Spanish pronunciation: [kawˈdiʎo]; Portuguese: caudilho [kɐwˈðiʎu]; Old Spanish: cabdillo, from Latin capitellum, diminutive of caput "head") usually describes a political-military leader at the head of…
  • Nov 20

    Artificial Intelligence and "Scientific" Insanity | RealClearPolitic

    Artificial Intelligence and "Scientific" Insanity | RealClearPolitic
    "For the scientist who has lived by his faith in the power of reason,” NASA scientist Robert Jastrow once wrote, “the story ends like a bad dream. He has scaled the mountains of ignorance; he is about to conquer the...
Rank this Week: 235

Point of Law Forum

Point of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

    Chairman Schapiro's Troubled Tenure at the SEC
    Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
  • Nov 26

    The Philadelphia Story

    The Philadelphia Story
    The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
  • Nov 25

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 271

Tillers on Evidence and Inference

Tillers on Evidence and Inference

The evidence blog of Professor Peter Tillers of the Benjamin N. Cardozo School of Law at Yeshiva University.

http://tillerstillers.blogspot.com/
  • Nov 5

    National Academies Press: Eyewitness Identification

    National Academies Press: Eyewitness Identification
    See new report on eyewitness identification published by the National Academies Press. &&& The dynamic evidence page Evidence marshaling software MarshalPlan
  • Sep 19

    Wigmore Lifetime Achievement Award

    Wigmore Lifetime Achievement Award
    Peter Tillers will be the recipient of the Wigmore Lifetime Achievement Award at this year’s (Jan. 2015) AALS meeting; the presentation will be made during our section’s joint luncheon with the Criminal Justice section. Thanks to…
  • Sep 18

    Precise reasoning about reasoning with fuzzy word

    Precise reasoning about reasoning with fuzzy word
    Comment by Tillers: legal scholars might avoid uttering a great deal of nonsense about imprecise legal concepts if they took the trouble to study fuzzy logic. Lotfi A.…
Rank this Week: 368

Dorf on Law

Dorf on Law

By Cornell Law School Professor Michael Dorf and his friends.

http://www.dorfonlaw.org/
  • Nov 20

    Medicare For All: The Steps Between Here and There

    Medicare For All: The Steps Between Here and There
    -- Posted by Neil H. BuchananIn my new Verdict column, "Disdainful Economists, Hubristic Jurists, and Fanatical Republicans: A Recipe for Single-Payer Health Care?" I try to figure out what the "end game" is for the great debate over the U.S.…
  • Nov 19

    Issue Voting Versus Outcome Voting in King v. Burwell

    Issue Voting Versus Outcome Voting in King v. Burwell
    by Michael DorfIn my latest Verdict column I warn of a possible danger in King v. Burwell, the latest SCOTUS challenge to Obamacare: I explain that even if a majority of the Court rejects the petitioners' argument that subsidies should not be…
  • Nov 18

    Blame, an Emboldened Obama, and the Debt Ceiling

    Blame, an Emboldened Obama, and the Debt Ceiling
    -- Posted by Neil H. BuchananIn my Dorf on Law post this past Thursday, I noted that the post-midterms political conversation was initially dominated by promises from the Republicans that they would prove that they can "govern…
Rank this Week: 535

Religious Left Law

Religious Left Law

Politically progressive law professors from various religious traditions discuss law and cognate subjects from their unique perspectives: Legal theory, politics, and comparative theology.

http://www.religiousleftlaw.com/
  • Nov 20

    What's Wrong with the Constitution?

    What's Wrong with the Constitution?
    A recent Princeton study by Martin Gillens and Benjamin I. Page concludes that the U.S. no longer has a democracy. “Using data drawn from over 1,800 different policy initiatives from 1981 to 2002, the two conclude that rich,…
  • Nov 16

    From behavior to belief...or the possible virtues of novel political participation

    From behavior to belief...or the possible virtues of novel political participation
    Analogous to the Pascalian prescription for acting as if one believes and has faith (‘Follow the way by which they began; by acting as if they believed, taking the holy water, having masses said, etc. Even this will naturally make you…
  • Nov 14

    Post Card From the Fringe: Right-Wing Dissidents Against Pope Franci

    Post Card From the Fringe: Right-Wing Dissidents Against Pope Franci
    The Catholic Church at this moment in history is faced with a rising chorus of right-wing dissent. This movement poses a threat to Pope Francis's reforms, but the threat should not be overblown. The self-proclaimed leader of the resistance…
Rank this Week: 699

Juris Diversitas

Juris Diversitas

An international, interdisciplinary community for the study of legal and normative mixtures and movements.

http://jurisdiversitas.blogspot.com/
  • Nov 18

    CALL FOR PAPERS: Freedom of Scientific Research and Drug Testing

    CALL FOR PAPERS: Freedom of Scientific Research and Drug Testing
    The editorial Board of BioLaw Journal - Rivista di BioDiritto has just launched a new call for papers in occasion of the third issue of the Journal. The title of the call is:Freedom of Scientific Research and Drug TestingThe deadline for…
  • Nov 17

    BOOK ANNOUNCEMENT: Women's rights to social security and social protection

    BOOK ANNOUNCEMENT: Women's rights to social security and social protection
    Women's Rights to Social Security and Social ProtectionEdited by Beth Goldblatt and Lucie LamarcheThis collection examines the human rights to social security and social protection from a women’s rights perspective. The contributors…
  • Nov 17

    BOOK ANNOUNCEMENT: Drafting legislation

    BOOK ANNOUNCEMENT: Drafting legislation
    A new, interesting book from Hart Publishing: Drafting LegislationArt and Technology of Rules for RegulationHelen XanthakiThis book constitutes the first thorough academic analysis of legislative drafting. By placing the study of…
Rank this Week: 732

Federalist Society Multimedia…

Federalist Society Multimedia Archive

Audio of recent events, speeches and conferences of the Federalist Society for Law and Public Policy Studies.

http://www.fed-soc.org/publications/page/multimedia-from-past-federalist-society-events-2014
Rank this Week: 1118

Journal of Law, Economics & Policy

Journal of Law, Economics & Policy

From George Mason University School of Law.

http://jlep.net/home/
  • Sep 30

    JLEP Congratulates Its New Candidate Members!

    JLEP Congratulates Its New Candidate Members!
    The Journal of Law, Economics & Policy would like to announce and welcome its 2014-2015 Candidate Members.  Congratulations! Elif Aksoy Gwen Ball Liz Dalton Matt Devendorf Manmeet Dhindsa Sammy Grunberg Christopher…
  • Apr 4

    JLEP Congratulates Its 2014-2015 Incoming Masthead

    JLEP Congratulates Its 2014-2015 Incoming Masthead
     Editor-in-Chief Daniel Russell Executive Editor Karen Schroeder Managing Editor Jacob Hamburger Senior Articles Editor James Beaty Senior Notes Editor Jeff Kuhlman Notes Editor Tamta Zhorzholiani Senior Research Editors Daniel McCain…
  • Mar 22

    JLEP Featured On Blog “Above The Law”

    JLEP Featured On Blog “Above The Law”
    The Journal of Law, Economics & Policy was recently featured on the popular blog Above The Law for its Fall 2013 issue!  In recognition of the 75th anniversary of the pivotal Supreme Court decision Erie Railroad v.…
Rank this Week: 1131

Law, Politics & Culture

Law, Politics & Culture

Covers social science approaches to law and legal institutions, legal doctrine and legal policy implementation, and profession issues for academics. By Professors Jeff Yates and Andrew Whitford.

http://lawandcourts.com/
  • Apr 23

    Josh Zingher on social group membership and the evolution of political partie

    Josh Zingher on social group membership and the evolution of political partie
    Josh Zingher has posted his paper “An Analysis of the Changing Social Bases of American Political Parties: 1952-2008″ on SSRN. Josh is is a Doctoral Candidate in Political Science at Binghamton University.  His research…
  • Jan 2

    Binge-watching with Obama

    Binge-watching with Obama
    From Margaret Carlson at Bloomberg View: Obama hearted “Cards” just a few weeks ago when he took aside Netflix Inc. Chief Executive Officer Reed Hastings at a White House meeting of technology gurus to discuss problems with…
  • Dec 23

    Do Policy Messengers Matter?

    Do Policy Messengers Matter?
    If you download this paper, it will change your life — I mean, it will if you believe in the whole ‘Butterfly Effect’ phenomenon …. My co-author, Scott Boddery, recently posted our paper “Do Policy Messengers…
Rank this Week: 1475

Zeugma

Zeugma

Covers legal education, technology, rhetoric and legal theory. By Lancaster University's Sefton Bloxham, University of Warwick's Patricia McKellar, University of Strathclyde's Karen Barton and Glasgow Graduate School of Law's Paul Maharg.

http://zeugma.typepad.com/zeugma/
  • Jul 18

    Moving on...

    Moving on...
    I'm moving blog host, from Typepad to Wordpress.  I hadn't expected to go, but Typepad's recent newsletters on their company policies are making me edgy and, having been stung, like many academics, by Ning's recent policy changes (Dropbox…
  • May 17

    Ross Priory, 2011

    Ross Priory, 2011
    Spent two days at the invitation of Alan Paterson (Strathclyde) and Richard Susskind discussing legal practice and legal education at Ross Priory, Strathclyde's retreat house on Loch Lomond, which has one of the best views anywhere in…
  • Apr 29

    New book series: Emerging Legal Learning - call for title

    New book series: Emerging Legal Learning - call for title
    Over the past six months or so, amongst much else I've been involved in putting together a couple of book series.
Rank this Week: 1285

Law & Economics Prof Blog

Law & Economics Prof Blog

Edited by Murat C. Mungan, David Gamage, Eric Rasmusen, Ben Depoorter, Gerrit de Geest, Shi-Ling Hsu, Manuel A. Utset, Jr., Brian Galle and Yuval Feldman.

http://lawprofessors.typepad.com/law_econ/
  • Nov 20

    Why the U.S.-China Climate Deal Could Be A Tipping Point

    Why the U.S.-China Climate Deal Could Be A Tipping Point
    The Obama administration announced a climate agreement with China last week, which was immediately criticized as giving away the store. However, this climate agreement may be a turning point. As I wrote three years ago, and international…
  • Nov 17

    Malum in se, malum in lex

    Malum in se, malum in lex
    In my last post I deliberately contrasted "malum in se" with "malum in lex". The usual term for the second phrase is "malum prohibitum". That is better Latin, I think, and customary, but it is not parallel and…
  • Nov 17

    When Should You Feel Guilty about Copyright Violation

    When Should You Feel Guilty about Copyright Violation
    I came across some old notes of mine on how wealth maximization would construct a norm for when one should feel guilty about violating copyright. Such violations are situations where malum in se and malum in lex differ often. The...
Rank this Week: 1817

Written Description

Written Description

Reviews recent scholarship in patent law, intellectual property theory, and innovation. By Christopher Suarez, Sarah Tran, and Tan Mau Wu.

http://writtendescription.blogspot.com/
  • Nov 18

    Frakes & Wasserman on Time-Crunched Patent Examiner

    Frakes & Wasserman on Time-Crunched Patent Examiner
    Next in my CELS IP recap: Melissa Wasserman (Illinois) presented Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-Level Application Data (coauthored with Michael Frakes at…
  • Nov 12

    Abrams et al. on Patent Value and Citation

    Abrams et al. on Patent Value and Citation
    Next up in my CELS IP recap: David Abrams (Penn) presented Patent Value and Citations: Creative Destruction or Strategic Disruption? (with Ufuk Akcigit & Jillian Popadak), for which Browyn Hall served as the discussant. This paper…
  • Nov 11

    CELS Recap Part 1: Laboratory Experiment on the Effect of Competition on Innovation

    CELS Recap Part 1: Laboratory Experiment on the Effect of Competition on Innovation
    This past weekend I was a discussant at the 9th Annual Conference on Empirical Legal Studies (CELS) at Berkeley. There were two IP sessions with three papers selected for each, and over the coming days, I'll provide short recaps. First up:…
Rank this Week: 1975

Nexus

Nexus

Chapman's Journal of Law and Public Policy

http://www.lawschoolblog.org/
Rank this Week: 3672

The Albany Government Law Review…

The Albany Government Law Review Fireplace

The Albany Government Law Review runs this student written and edited law blog engaged in substantive law review-like legal analysis and academic speculation.

http://aglr.wordpress.com/
Rank this Week: 4186

Jurisdynamics

Jurisdynamics

Describes the interplay between legal responses to exogenous change and the law's own endogenous capacity for adaptation. By Louis D. Brandeis Dean Jim Chen.

http://jurisdynamics.blogspot.com/
  • Aug 13

    Call for papers: Ebola and the law

    Call for papers: Ebola and the law
    Call for papers Ebola and the Law Biolaw section of the Association of American Law Schools (AALS)Washington, D.C.Monday, January 5, 2015, 10:30 a.m. to 12:15 p.m. The 2014 west African outbreak of the Ebola virus is the most severe epidemic…
  • Apr 23

    Minority Television Project, Inc. v. FCC, No. 13-1124, Brief for Amici Curiae Law Professors in Support of Petitioner

    Minority Television Project, Inc. v. FCC, No. 13-1124, Brief for Amici Curiae Law Professors in Support of Petitioner
    Minority Television Project, Inc. v. FCC, No. 13-1124, Brief for Amici Curiae Law Professors in Support of Petitioner, available at http://bit.ly/MinorityTelevisionAmicus: This brief amicus curiae in support of petitioner Minority Television…
  • Mar 25

    An Agricultural Law Jeremiad: The Harvest Is Past, the Summer Is Ended, and Seed Is Not Saved

    An Agricultural Law Jeremiad: The Harvest Is Past, the Summer Is Ended, and Seed Is Not Saved
    James Ming Chen, An Agricultural Law Jeremiad: The Harvest Is Past, the Summer Is Ended, and Seed Is Not Saved, 2014 Wisconsin Law Review (forthcoming), available at http://ssrn.com/abstract=2387998 or http://bit.ly/SeedIsNotSaved, and to be…
Rank this Week: 4566

Lawyers are boring.

Lawyers are boring.

Covers Taxonomy, Open Access, Free Legal Sources, Plain Language, BigData, IT to create new law and new lawyers.

http://lawyersareboring.tumblr.com
Rank this Week: 3373

The Becker-Posner Blog

The Becker-Posner Blog

A law and economics blog by University of Chicago Law School Professors Gary Becker and Senior Lecturer Judge Richard Posner

http://uchicagolaw.typepad.com/beckerposner/
  • May 10

    Farewell

    Farewell
    In memoriam: Gary S. Becker, 1930-2014. The Becker-Posner blog is terminated. Richard A. Posner
  • Mar 14

    Sabbatical Notice

    Sabbatical Notice
    Starting this weekend, we will be taking a one-month sabbatical from blogging. We will resume at the end of that period.
  • Mar 3

    The Embargo of Cuba: Time to Go- Becker

    The Embargo of Cuba: Time to Go- Becker
    The US embargo of Cuba began in 1960, a year after Fidel Castro turned this island toward communism. It was extended to food and medicines in 1962, the same year as the showdown with Russia over the installation of missiles there. The embargo…
Rank this Week: 4181

BlawgConomics

BlawgConomics

Explores the intersection of law and economics. By Joshua Sturtevant.

http://blawgconomics.blogspot.com/
  • Nov 5

    The Problem with Libertarianism

    The Problem with Libertarianism
    Libertarianism has created some excitement among the American masses recently in lock-step with the perception that government interference in citizens' lives is on the rise. However, opponents like to point out that libertarianism…
  • Nov 4

    Obamacare Proving My Point Better Than I Ever Could

    Obamacare Proving My Point Better Than I Ever Could
    I have spoken unfavorably about Obamacare many times on this page. While I didn't like the voting process related to it, the forced coverage language or the taxes and the rising costs that would necessarily be associated…
  • Nov 2

    The Price of Liberty...

    The Price of Liberty...
    I had to make a quick stop into the office this morning. Unfortunately, part of the Metro system I would have taken was closed. Fear not dear readers - this was due to weekend track work, not a lesser-reported government…
Rank this Week: 4905

The Legal Conservative

The Legal Conservative

Discusses law and cases from a conservative perspective. By the Woodring Law Firm.

http://www.woodringlawfirm.com/legal_conservative_blog
  • May 2

    Individual Mandate: 2 Lawyers Debate Constitutionality: Introduction

    Individual Mandate: 2 Lawyers Debate Constitutionality: Introduction
    Individual Mandate: 2 Lawyers Debate Constitutionality: Introduction. First of three articles I have the privilege to write for Medscape to cover the healthcare lawsuit argued topics. Note, you may have to do a free sign up to access the…
  • Sep 6

    Nice Background on Florida Solicitor General Scott Makar

    Nice Background on Florida Solicitor General Scott Makar
    A Certain Appeal || Gulf Coast Business Review | Tampa Bay, Bradenton, Sarasota, Fort Myers, Naples. Interesting read on the background of a friend, Solicitor General Scott Makar.  I believe at this point he is the longest serving Florida…
  • Aug 12

    Breaking: Eleventh Circuit Rules Obamacare’s Individual Mandate is Unconstitutional – Forbe

    Breaking: Eleventh Circuit Rules Obamacare’s Individual Mandate is Unconstitutional – Forbe
    Breaking: Eleventh Circuit Rules Obamacare’s Individual Mandate is Unconstitutional – Forbes. This is a 300 pg. opinion, so more comments to follow.  11th Circuit decision on Constitutionality of Healthcare Nice Quotes: In sum, the…
Rank this Week: 3979

Respondeat

Respondeat

Covers New York state law specifically, and law and philosophy generally.

http://respondeat.wordpress.com
Rank this Week: 4267

The TransAtlantic Assembly

The TransAtlantic Assembly

Blog of American and European Practitioners and Academics on European and American Constitutional Law (with an eye to the European Constitution), International Law, European Law, and Law and Philosophy.

http://transatlanticassembly.blogspot.com/
  • Sep 4

    Italy's tragic future

    Italy's tragic future
    Silvio Berlusconi is a modern dictator. He controls all the most important functions of the state and is THE key player in the private sphere. Modern dictators are characterized by an ability to disguise their authoritarianism through subtle…
  • Sep 2

    No to Barroso

    No to Barroso
    Does anyone out there know who Barroso is? More importantly does anybody know what was his best achievement during his four years as President of the European Commission, the highest institution within the EU? Very few will be able to answer…
  • Jul 25

    Obama's Transatlantic Speech

    Obama's Transatlantic Speech
    Berlin was like a honeymoon between America and Europe. But Obama's honey words, were a little too sweet:
Rank this Week: 2955

Brian Leiter's Legal Philosophy…

Brian Leiter's Legal Philosophy Blog

Covers jurisprudence, legal realism, and legal theory. By Professor Brian R. Leiter and Prof. Daniel Filler

http://leiterlegalphilosophy.typepad.com/leiter/
  • Apr 14

    Green on Legal Realism and Naturalized Jurisprudence

    Green on Legal Realism and Naturalized Jurisprudence
    Via Solum, I learn that my (part-time) colleague Les Green's (long-gestating) paper on "Law and the Causes of Judicial Decision" is finally on SSRN (it will appear in final form in Green's forthcoming collection of papers from OUP).  I have…
  • Mar 28

    Jurisprudence II: Objectivity

    Jurisprudence II: Objectivity
    My tentative Spring Quarter Syllabus (Download Jurisprudence II Syllabus 2009), for those who might be interested.
  • Mar 12

    Which journals publish the highest quality work in philosophy of law?

    Which journals publish the highest quality work in philosophy of law?
    A new poll, which might provide some useful information for younger scholars figuring out where to submit their work.
Rank this Week: 3688

Federalist Society - University of…

Federalist Society - University of Washington Chapter

Covers limited government, freedom, federalism and judicial restraint.

http://uwfedsoc.blogspot.com/
  • Dec 25

    Somebody bless us, or something

    Somebody bless us, or something
    This is an encouraging sign. The freedom to worship whatever God we find most pleasing is perhaps the most fundamental freedom; it signifies freedom of thought. The fact that Iraqis are now free to worship Jesus if the mood strikes them…
  • Dec 15

    Fifth Amendment Victory

    Fifth Amendment Victory
    Saw an interesting post over on The Volokh Conspiracy about a first dip into a murky 5th Amendment issue - can the gov't compel a suspect to enter a computer password? A man was detained at the Vermont-Canada border on suspicion of…
  • Nov 22

    Holiday (Second Amendment) Reading

    Holiday (Second Amendment) Reading
    The Supreme Court's grant of cert. in DC v. Heller reminded me of an entertaining article on the Supreme Court's last Second Amendment ruling in 1939. I recommend Brian Frye, The Peculiar Story of United States vs. Miller, NYU Journal of Law…
Rank this Week: 2682