Introduction Law students begin to encounter the concept of a "standard of review" early in the first year. That's not surprising. First-year law students read appellate cases, and every appellate ...

Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. The phrase is attributed to Alexander Bickel—a Yale Law School Professor—who is said to have ...

Introduction Early on in law school, law students begin to realize that legal norms are not all cut from the same cloth. Some rules provide "bright lines," others "fuzzy lines," and yet others, no ...

Justin Driver (Yale Law School) has posted The Cure as Disease: The Conservative Case against SFFA v. Harvard (Supreme Court Review) on the University of Chicago Website. Here are excerpts: From the ...

Introduction This week the Legal Theory Lexicon entry focuses on "ambiguity" and "vagueness"--two important concepts for the theory of interpretation. Some legal texts are ambiguous--they contain ...

Maria Glover (Georgetown University Law Center) has posted Recent Developments in Mandatory Arbitration Warfare: Winners and Losers (So Far) in Mass Arbitration (Washington University Law Review, Vol.

Daniel Epps (Washington University in St. Louis - School of Law) & Marin K. Levy (Duke University School of Law) have posted Judicial Reform from the Inside Out (101 Notre Dame Law Review (forthcoming ...

The Legal Theory Bookworm recommends Justice as a Fair Start in Life: Understanding the Right to Have Children by Carter Dillard. Here is a description: “Heidegger wants us to recapture the sense of ...

Curtis Bradley (The University of Chicago Law School) & Tara Leigh Grove (University of Texas School of Law) have posted Vertical Stare Decisis and Disfavored Precedent: An Empirical and Normative ...

Bijal Shah (Boston College Law School) has posted Judicial Administration (UC Irvine Law Review (forthcoming)) on SSRN. Here is the abstract: “Presidential administration” has been discussed for the ...

I am saddened to learn of the passing of Richard Fallon, the Story Professor Law, at Harvard Law School. I have known Dick for more than 40 years. I was in his Federal Courts class during his first ...

The entry in the Legal Theory Lexicon is by Ann Bartow of the University of South Carolinia and of Feminist Law Professors (the excellent blog). Thank you, Ann! The entry has been revised for style ...