Legal Theory Blog

Journal Announcement: Yale Law Journal October Issue

Articles

Criminal Law Comes Home
Jeannie Suk
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How To Remove a Federal Judge
Saikrishna Prakash and Steven D. Smith
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Responses

Good Behavior, Judicial Independence, and the Foundations of American Constitutionalism
Martin H. Redish
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Replies

(Mis)Understanding Good-Behavior Tenure
Saikrishna Prakash and Steven D. Smith
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Notes

From Employment to Contract: Section 1981 and Antidiscrimination Law for the Independent Contractor Workforce
Danielle Tarantolo
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Comments

BlackBerry Users Unite! Expanding the Consumer Class Action To Include a Class Defense
Nicole L. Johnson
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Project Posner

Tim Wu has set up Project Posner--a website that provides a searchable, open-access version of Richard Posner's opinions.

Colloquium Announcement: Oxford/University College London Colloquim in Legal Theory

Oxford and UCL have a very nifty legal theory series convened by Nicos Stavropoulos of Oxford and George Letsas of UCL. Speakers include Ben Zipursky, Dennis Patterson, Jeremy Waldron, Susan Hurley, Liam Murphy, and Jules Coleman. Here's the website:

http://www.ucl.ac.uk/spp/seminars/0607/clt.php

Journal Announcement: Special Issue on Brown v. Board of American Law & Econ Review

American Law & Economics Review (2006; Vol. 8, No. 2) is a Special Issue on Brown vs. Board of Education, edited by Orley Ashenfelter, with pieces by:

Cecilia Elena Rouse

Thomas J. Kane, Stephanie K. Riegg, and Douglas O. Staiger

Orley Ashenfelter, William J. Collins, and Albert Yoon

Roland G. Fryer, Jr and Steven D. Levitt

Alan Krueger, Jesse Rothstein, and Sarah Turner

Marta Tienda and Sunny Xinchun Niu

Charles T. Clotfelter, Jacob L. Vigdor, and Helen F. Ladd

Douglas S. Massey

Richard R. W. Brooks

Journal Announcement: Yale Law Journal September Issue

The lastest issue of the Yale Law Journal is now available online.

Correspondence

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The Most Dangerous Branch? Mayors, Governors, Presidents, and the Rule of Law: A Symposium on Executive Power
An Introduction by Judy Coleman
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Essays

Why (and When) Cities Have a Stake in Enforcing the Constitution
David J. Barron
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Quasipublic Executives
K.A.D. Camara and Paul Gowder
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The President's Completion Power
Jack Goldsmith and John F. Manning
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Internal Separation of Powers: Checking Today's Most Dangerous Branch from Within
Neal Kumar Katyal
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Setting the World Right
Harold Hongju Koh
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Gubernatorial Foreign Policy
Julian G. Ku
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Executive Branch Usurpation of Power: Corporations and Capital Markets
Jonathan Macey
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Break Up the Presidency? Governors, State Attorneys General, and Lessons from the Divided Executive
William P. Marshall
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Inherent Executive Power: A Comparative Perspective
Jenny S. Martinez
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Rational War and Constitutional Design
Jide Nzelibe and John Yoo
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Can Strong Mayors Empower Weak Cities? On the Power of Local Executives in a Federal System
Richard C. Schragger
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Beyond Marbury: The Executive's Power To Say What the Law Is
Cass R. Sunstein
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Commentaries

The President: Lightning Rod or King?
Steven G. Calabresi and James Lindgren
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Chevron and Agency Norm-Entrepreneurship
William N. Eskridge, Jr. and Kevin S. Schwartz
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Of Sovereigns and Servants
Heather K. Gerken
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Gender and Constitutional Design
Paula A. Monopoli
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Journal Announcement: Journal of Political Philosophy--Free Articles

The Journal of Political Philosophy has taken a step towards open access, by making several key articles available without charge.  As readers of Legal Theory Blog know, I believe that open access is vitally important and that publication in any venue that does not provide open access is irresponsible scholarship.  I applaud this step, and urge the Journal of Political Philosophy to make all articles available through an open access system.

Is Terrorism Morally Distinctive?
Samuel Scheffler
http://www.blackwell-synergy.com/doi/abs/10.1111/j.1467-9760.2006.00242.x

Shaping Future Children: Parental Rights and Societal Interest
Dan W.Brock
http://www.blackwell-synergy.com/doi/abs/10.1111/j.1467-9760.2005.00229.x

Secular Philosophy and Muslim Headscarves in Schools
Cécile Laborde
http://www.blackwell-synergy.com/doi/abs/10.1111/j.1467-9760.2005.00225.

Equal Treatment of Cultures - and the Limits of Postmodern Liberalism
Jürgen Habermas
http://www.blackwell-synergy.com/doi/abs/10.1111/j.1467-9760.2005.00211.x

Recipes for public spheres: Eight institutional design choices and their
consequences
Archon Fung
http://www.blackwell-synergy.com/doi/abs/10.1111/1467-9760.00181

Security and liberty: The image of balance
Jeremy Waldron
http://www.blackwell-synergy.com/doi/abs/10.1111/1467-9760.00174

Pre-emptive self-denfense: Hegemony, equality and strategies of legal
change
Michael Byers
http://www.blackwell-synergy.com/doi/abs/10.1111/1467-9760.00173

Fourth Anniversary of Legal Theory Blog

The very first post on Legal Theory Blog appeared on September 11, 2002.  Here it is:

Institutionalism Makes A Prominent Appearance. Cass Sunstein and Adrian Vermeule have posted a very interesting piece on SSRN, called Interpretation and Institutions. Their thesis is that theories of interpretation must take into account the institutional capacities of judges. Once we focus on real-world judges, they argue, we may realize that sophisticated theories of interpretation (Dworkin, Lessig, Amar) demand too much. Are they really suggesting a return to simple-minded formalism? Check it out by following the link: Interpretation and Institutions.

Well, four year's later, I've published an article that extensively discusses Sunstein & Vermuele's very interesting piece.  My piece is The Aretaic Turn in Constitutional Theory.

Weekend Update

On Saturday, the Download of the Week was On Belling the Cat: Rawls & Tort as Corrective Justice by Kevin A. Kordana (Virginia Law) and David H. Tabachnick (Virginia Philosophy) and the Legal Theory Bookworm recommended  Are Judges Political?: An Empirical Analysis of the Federal Judiciary by Cass R. Sunstein, David Schkade, Lisa M. Ellman, and Andres Sawicki.  On Sunday, the Legal Theory Lexicon entry was Default Rules and Completeness and the Legal Theory Calendar previewed this week's conferences and talks.

Future Home of Legal Theory Blog

This will be the new home of Legal Theory Blog.  For the current version of LTB, surf to http://lsolum.blogspot.com.

I would great appreciate feedback on the new design during this "beta" test.  In particular, I am experimenting with the "post continuation" feature of typepad.  One way to use this feature is to put the abstracts of papers on the continuation page--see the examples below.  I could do the same thing with the Lexicon, calendar, etc.  If you have a reaction email me at:

[email protected]

Or you may use the comments feature.  Comments are enabled for this post!

[Update: I've changed some of the fonts and colors in response to several comments on readability.  I've restored the image of Aristotle--which seems to have been quite popular based on the volume of email commenting on its absence.  I've restored the motto: "All the theory that fits," again in response to many comments.  I am still thinking about the continuation feature--which has generated mixed feedback.  Thank you to everyone who has commented!]

This post will move to the top of the blog until the transition is completed.  During the transition period posts should be available on both websites!