Legal Theory Blog

Blog Authors

Latest from Legal Theory Blog

The Download of the Week is Supreme Court Legitimacy: A Turn to Constitutional Practice byThomas Donnelly.  Here is the abstract:
Commentators offer the Justices consistent—if unsolicited—advice: tend to the Supreme Court’s institutional legitimacy. However, to say this—without saying more—is to say very little. Of course, constitutional theorists already wrestle with the meaning of legitimacy—its contours, its complexity,

The Legal Theory Bookworm recommends The Blackwell Companion to Hermeneutics, edited by Niall Keane & Chris Lawn.  Here is a description:
A Companion to Hermeneutics is a collection of original essays from leading international scholars that provide a definitive historical and critical compendium of philosophical hermeneutics.

    • Offers a definitive historical, systematic, and critical compendium of hermeneutics

Charles Mitchell (University College London – Faculty of Laws) & Jessica Hudson (University of New South Wales (UNSW) – Faculty of Law) have posted Justificanda (Forthcoming in Degeling, J Hudson and I Samet (eds), Philosophical Foundations of the Law of Express Trusts (OUP, 2023)) on SSRN.  Here is the abstract:
The paper examines the ‘express

Shai Dothan (University of Copenhagen – iCourts – Centre of Excellence for International Courts) has posted Democracy, Populism, and Concentrated Interests (Forthcoming 56 LOYOLA OF LOS ANGELES LAW REVIEW (2023)) on SSRN.  Here is the abstract:
Concentrated interest groups have a significant advantage over diffuse interest groups: they can effectively stop free riding among their