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14 Apr 2024, 6:00 am by Lawrence Solum
Introduction The first year of law school usually includes an introduction of some kind to the doctrine of stare decisis (or precedent) and the related concepts of dicta and holdings. [read post]
18 Feb 2024, 6:00 am by Lawrence Solum
Introduction What policy choices are feasible and which options are "pie in the sky," "utopian," or "politically impossible"? [read post]
5 Jan 2024, 4:00 am by Eric Segall
The other panelists are Larry Solum, Dick Fallon, Tara Grove, and Darrell Miller. [read post]
18 Dec 2023, 6:30 am by Guest Blogger
More precisely, for Sunstein, there are many and varied interpretive theories that have sufficient standing to be considered "candidates" for interpreting the Constitution.[1] Through his book, Sunstein presents and explores some of these theories, including the following: textualism, semantic originalism, intent originalism, Lawrence Solum's "public meaning" originalism, expectations originalism, John Ely's protection of democracy, traditionalism,… [read post]
8 Sep 2023, 12:01 pm
William Baude and Michael Stokes Paulsen have written a recent article, "The Sweep and Force of Section Three," in which they argue that Section Three of the Fourteenth Amendment is a self-executing provision that renders Donald Trump ineligible for the presidency as a result of his role in attempting to overthrow the results of the 2020 election.The article has been the talk of both legal academia and the wider public in recent weeks, drawing a great deal of attention and drawing support… [read post]
3 Sep 2023, 6:00 am by Lawrence Solum
Introduction It all depends on your first year section, but many law students begin to get a sinking feeling about the law early in their first year. [read post]
30 Jul 2023, 6:00 am by Lawrence Solum
Introduction Law students with a background in philosophy are sure to notice the strong influence of moral philosophy on legal thinking. [read post]
23 Jul 2023, 6:00 am by Lawrence Solum
Introduction One of the most important topics in legal theory is “legal interpretation,” which deals with the derivation of meaning from legal texts. [read post]
26 Jun 2023, 6:16 pm
" To be sure, Solum notes that the review is worth reading. [read post]
18 Jun 2023, 6:00 am by Lawrence Solum
Introduction One of the key ideas in contemporary economic theory in general and law and economics in particular is the social welfare function. [read post]
4 Jun 2023, 6:00 am by Lawrence Solum
Introduction Recently, the Legal Theory Lexicon provided a very general entry on the the topic of justice. [read post]
21 May 2023, 6:00 am by Lawrence Solum
Introduction Speech act theory will forever be associated with the great J. [read post]
7 May 2023, 6:00 am by Lawrence Solum
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism. [read post]
4 May 2023, 8:47 am
Solum focuses on the phrase as an example of "linguistic drift"--the idea that the meaning of words changes over time. [read post]