Curriculum
Vitae
University of
lsolum@gmail.com or lsolum@law.uiuc.edu
Professional
Experience
Current: John A. Cribbet Professor of
Law, Professor of Philosophy, and Associate Dean for Faculty and Research,
University of Illinois, College of Law, Champaign, Illinois 2005-present.
Areas of Specialization:
Constitutional Theory; Procedure Theory; Philosophy of Law; Normative Legal
Theory and Moral and Political Philosophy.
Areas of
Competence: Federal Courts and Jurisdiction; Conflict of Laws; Technology Law
and Policy (including Intellectual Property, Internet Governance, and Biotechnology
and the Law), Judicial Politics.
Recent
Subjects: Civil Procedure; Constitutional Law, Philosophy of Law, Normative
Legal Theory Seminar.
Committees
& Service: Chair & Member, Appointments Committee; Members, Dean’s
Search Committee, Member, Fellowships & International Appointments Committee,
Member, Promotion & Tenure Committee, Member, Clinics Committee; Member, IT
Director Search Committee.
Co-Director,
Institute on Law and Philosophy.
Other: Professor of Law,
Professor of Law,
Visiting
Professor of Law, Georgetown University Law Center, Washington, District of
Columbia, Fall 2007. Subjects: Civil
Procedure & Normative Legal Theory Seminar.
Visiting
Professor of Law,
Visiting
Professor of Law,
Law Clerk,
Judge William A. Norris, United States Court of Appeals for the Ninth Circuit,
Summer
Associate, Cravath, Swaine &
Summer
Associate, Tuttle & Taylor,
Instructor,
Massachusetts Institute of Technology,
Education
Legal: J.D.,
Editor,
Harvard Law Review. 1982‑84.
Chair,
Developments-in-the-Law Issue. 1983‑84. Developments in the Law—Public Employment,
97 Harvard Law Review 1611 (1984).
Teaching
Fellow,
Legal
Method Instructor,
Undergraduate: B.A.,
Postgraduate: Visiting Scholar,
Web Pages
Legal
Theory Blog:
http://lsolum.typepad.com/legaltheory/
Legal
Theory Lexicon:
http://lsolum.typepad.com/legaltheorylexicon/
Personal
Home Page:
http://home.law.uiuc.edu/~lsolum/
http://www.law.uiuc.edu/faculty/DirectoryResult.asp?Name=Solum,+Lawrence
http://www.phil.uiuc.edu/faculty/list/Solum/index.htm
SSRN
Author Page:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=327316
http://law.bepress.com/cgi/query.cgi?field_1=lname&value_1=Solum&field_2=fname&value_2=Lawrence&advanced=1
Publications
Books: Civil Procedure: Principles and Theory (Oxford University Press, forthcoming 2008).
Virtue Jurisprudence (Palgrave MacMillan 2007)
(co-editor with Colin Farrely & contributor of co-authored introduction and
two essays).
18
Destruction of Evidence (John Wiley & Sons 1989)
(with Jamie Gorelick and Stephen Marzen) & Destruction of Evidence: Supplement (1989-2006 annual supplements).
Articles: Models of Internet Governance, in Governance:Infrastructure and Institutions (Lee A. Bygrave, Jon Bing & Terje Michaelsen eds., forthcoming Oxford University Press 2009).
The Construction Zone, Northwestern University Law
Review (forthcoming 2009).
Constitutional Possibilities, 83 Indiana Law Journal 307 (2008).
Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1127610.
Natural Justice: An
Aretaic Account of the Virtue of Lawfulness in Virtue Jurisprudence (Palgrave
MacMillan 2007).
A Virtue-Centered
Account of Equity and the Rule of Law in Virtue Jurisprudence (Palgrave
MacMillan 2007).
Introduction in Virtue Jurisprudence (Palgrave MacMillan 2007) (with Colin Farrelly).
Constitutional Texting,
44
Natural Justice, 51 American
Journal of Jurisprudence 65 (2006) (publication of the 2006 Natural Law Lecture, Natural Law Institute,
Notre Dame University School of Law).
Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=959646.
Blogging and the Transformation of Legal
Scholarship, 84
Washington University Law Review 1071 (2006).
Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=898168.
Public Legal Reason,
92
The Supreme Court In
Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future Of Unenumerated
Rights, 9
Judicial Selection, Appointments Gridlock, and the Nuclear Option, 15 Journal of Contemporary Legal Issues 51 (2006) (with David Law). Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=896421.
Download It While Its Hot: Open
Access, Intermediaries, and the Dissemination of Legal Scholarship, 10 Lewis and Clark Law Review 841 (2006). Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=957237.
Pluralism and Public Legal Reason, 157 William & Mary Bill of Rights Journal 7 (2006). Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=960784.
A Dialogue on Originalism Occasioned by Bennett's Electoral College Reform Ain't Easy, 101 Nw. U. L. Rev. Colloquy 31 (2006), http://www.law.northwestern.edu/lawreview/colloquy/2006/4/ (with Robert W. Bennett).
A Tournament of Virtue,
32
Popular? Constitutionalism?, 118 Harvard Law Review 1594
(2005). Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=692224.
The Future of Copyright, 83
The
Aretaic Turn in Constitutional Theory, 70
Judicial
Selection: Ideology versus Character, 26 Cardozo Law Review 659 (2005).
Procedural Justice, 48
The Layers Principle: Internet Architecture and the
Law, 79 Notre
Dame Law Review 815 (2004). Available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=416263.
An
Economic Analysis of Domain Name Policy, 25
Virtue Jurisprudence: A Virtue-Centered Theory of
Judging, 34
Metaphilosophy 178 (2003) reprinted in
Moral and Epistemic Virtues
(Michael Brady & Duncan Prichard eds., Blackwell Publishing 2003). Available at
Congress’s
Power to Promote the Progress of Science: Eldred v. Ashcroft, 36 Loyola of Los Angeles Law
Review 1 (2002). Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=337182.
The Law
of Rules, 01 APA Newsletters No. 2, Spring 2002, at
105. Invited contribution to the Law and
Philosophy Newsletter of the American Philosophical Association. Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=303575.
To Our
Children’s Children’s Children: The Problems of Intergenerational Ethics, 35 Loyola of Los Angeles Law
Review 163 (2001).
Divine
Commands and Public Reasons,
78 The Modern Schoolman 219 (2001).
The
Value of Dissent,
85 Cornell Law Review 859 (2000).
The Foundations of
Destruction of Evidence in Civil Litigation in The
Litigation Manual: Pretrial (John G. Koehl & John Kiernan eds. 1999).
Warning! Judicial Estoppel Ahead: Cleveland v. Policy Management Systems Corporation, 31 Loyola of
Euthanasia at the Intersection of Law and Morality, 31 Loyola of Los Angeles Law
Review 1115 (1998). Foreword to the 1996
Fritz B. Burns Lectures by Ronald Dworkin and John Finnis.
Indeterminacy and Equity in Radical Critiques of the Law (S. Griffin & R. Moffat eds.
1997). Invited paper, Biannual
Proceedings of AMINTAPHIL (American Section of the International Association
for Philosophy of Law & Social Philosophy).
Indeterminacy in A
Companion to Legal Theory (Dennis Patterson ed., 1996). Invited entry, Blackwell Companions to
Philosophy Series.
Novel Public Reasons, 29 Loyola of Los Angeles Law
Review 1453 (1996). Invited paper,
Symposium on Religion in the Public Square.
Law and Public Reason, 95 APA Newsletters No. 2, Spring 1996, at 54 (1996). Invited
contribution to the Law and Philosophy Newsletter of the American Philosophical
Association.
Inclusive Public Reason, 75 Pacific Philosophical
Quarterly 217 (1994) Invited paper, Issue on John Rawls’s Political Liberalism.
Selected for inclusion in Richardson & Weithman, The Philosophy of Rawls (forthcoming).
You Prove It!
Why Should I?,
17 Harvard Journal of Law and Public Policy 691 (1994). Invited paper, Symposium on Law and
Philosophy: Burdens of Proof.
Situating Political Liberalism, 69 Chicago Kent Law Review 549
(1994). Foreword to Symposium on John Rawls’s Political Liberalism.
Equity and the Rule of Law, Nomos XXXVI: The Rule of Law
120 (1994). Invited paper, issue on the
rule of law of Nomos, the annual
publication of the American Society for Political and Legal Philosophy.
Constructing an Ideal of Public Reason, 30 University of San Diego Law
Review 729 (1993). Invited paper,
Symposium on Politics and Religion.
Alternative Court Structures in the Future of the
California Judiciary,
66 Southern California Law Review 2121 (1993).
Invited Paper, Symposium on the Future of the California Judiciary.
The Boundaries of Legal Discourse and the Debate
over Default Rules in Contract,
3 Southern California Multidisciplinary Law Review 311 (1993). Invited comment, Symposium on Default Rules
and Contractual Consent.
Legal Personhood for Artificial Intelligences, 70 North Carolina Law Review
1233 (1992). Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1108671.
History, Fable, and Constitutional Interpretation, 25 Loyola of Los Angeles Law
Review 1135 (1992). Foreword, Symposium:
One Hundred Twenty-Five Years of the Reconstruction Amendments.
What Remains of Freedom of Speech for Lawyers after Gentile?, California Litigation, November 1991, at 16. Invited article.
Virtues and Voices, 66 Chicago-Kent Law Review 111 (1991). Invited paper, Symposium on Classical
Philosophy and the American Constitutional Order.
Pluralism and Modernity, 66 Chicago-Kent Law Review 93
(1991). Invited comment, Symposium on
Classical Philosophy and the American Constitutional Order.
Faith and Justice, 39 DePaul Law Review 1083 (1990). Invited paper, Symposium on Politics,
Religion, and the Relationship Between Church and State.
Destruction of Evidence, Litigation, Fall 1989, at 11
(with Stephen Marzen).
Originalism as Transformative Politics, 63 Tulane Law Review 1599
(1989). Invited paper, Symposium on
Michael Perry's Morality, Politics and
Law. Reprinted in Gadamer and the Law (Francis J. Mootz,
III, ed., Ashgate Publishing 2007).
Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=982561.
Freedom of Communicative Action: A Theory of the
First Amendment Freedom of Speech,
83 Northwestern University Law Review 54 (1988‑1989). Invited paper, Symposium on Law and Social
Theory. Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1134524.
The Virtues and Vices of a Judge: An Aristotelian
Guide to Judicial Selection,
61 Southern California Law Review 1730 (1988).
Invited comment, Symposium on Judicial Selection, Election and
Accountability.
On the Indeterminacy Crisis: Critiquing Critical
Dogma, 54
University of Chicago Law Review 462 (1987).
Truth and Uncertainty: Legal Control of the
Destruction of Evidence,
36 Emory Law Journal 1085 (1987) (with Stephen Marzen).
Book Note,
Essays on Bentham: Studies in
Jurisprudence and Political Theory. By
H.L.A. Hart, 97 Harvard Law Review 1029 (1984).
The Federal Interest Approach to State Waiver of the
Exhaustion Requirement in Federal Habeas Corpus Proceedings, 97 Harvard Law Review 511
(1983).
Freedom of Speech, Press and
Association--Independent Candidates and Minor Parties--Anderson v. Celebrezze and Brown v. Socialist Workers '74
Campaign Committee, 97 Harvard Law Review 156 (1983).
Working
Papers: Models of Internet Governance, Illinois Public Law Research Paper, http://ssrn.com/abstract=1136825
(2008).
A Reader's Guide to Semantic Originalism and a Reply
to Professor Griffin, Illinois
Public Law Research Paper, http://ssrn.com/abstract=1130665 (2008).
Semantic Originalism, Illinois Public Law Research
Paper No. 07-24, http://ssrn.com/abstract=1120244 (2008).
Constitutional Possibilities, Illinois Public Law Research
Paper No. 06-15, http://ssrn.com/abstract=949052 (2006).
Judicial
Selection, Appointments Gridlock, and the Nuclear Option, U of Illinois Public Law
Research Paper Series No. 05-08, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=791244
(2005) (2005) (with David Law).
A
Tournament of Virtue,
U San Diego Legal Studies Research Paper No. 05-16, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=588322
(2004).
Judicial Selection: Ideology versus Character, U San Diego Public Law Research
Paper No. 04-07, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=516585
(2004).
The Aretaic Turn in Constitutional Theory, U San Diego Public Law Research
Paper No. 04-03, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=512882
(2004).
Procedural Justice, U San Diego Law & Econ Research Paper No.
04-02; U San Diego Public Law Research Paper No. 04-02,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=508282 (2004).
An Economic
Analysis of Domain Name Policy, Loyola-LA
Public Law Research Paper No. 2003-14,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=410640 (2003).
sTLD
Beauty Contests: An Analysis and Critique of the Proposed Criteria to Be Used
in the Selection of New Sponsored TLDs, Working Paper,
http://gtld-auctions.net/sTLD_Analysis.pdf (2003).
The
Case for gTLD Auctions: A Framework for Evaluating Domain Name Policy,
Loyola-LA Public Law Research Paper No. 2003-11,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=388780 (2003).
Virtue
Jurisprudence: A Virtue Centered Theory of Judging, Loyola-LA Public Law Research
Paper No. 2002-10, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=310417
(2002).
Professional
Activities
Presentations: Virtue
Jurisprudence: An Aretaic Theory of Law
Faculty of Law,
Universidad Externado de Columbia (June 11, 2008);
Faculty
Workshop, Benjamin N. Cardozo School of Law, Yeshiva University (October 30,
2007);
Faculty
Workshop, Georgetown University Law Center (October 4, 2007);
Faculty
Workshop, University of Arizona, James E. Rogers College of Law (September 27,
2007);
World Congress
for the Philosophy of Law and Social Philosophy (August 6, 2007).
University of
Illinois Department of Philosophy (October 6, 2006);
University of
Colorado School of Law (September 15, 2006);
Northern
Kentucky University, Salmon Chase School of Law (September 8, 2006);
Department of
Philosophy, Georgia State University (April 4, 2006);
Faculty
Workshop, Faculty Retreat, University of Illinois College of Law (May 11,
2005);
Faculty
Workshop, University of Cincinnati College of Law (April 1, 2005);
Faculty
Workshop, Ave Maria School of Law (March 8, 2005);
Faculty
Workshop, Notre Dame University School of Law (March 2, 2005);
Faculty
Workshop, Florida State University School of Law (February 24, 2005);
Faculty
Workshop, Saint Louis University School of Law (February 23, 2005);
Columbia
University, School of Law, Legal Theory Workshop (November 1, 2004);
Arizona State
University, Committee on Law and Philosophy (September 27, 2004); The Table,
Carefree, Arizona (June 4, 2004).
Semantic Originalism
Faculty of Law, Universidad
Externado de Columbia (June 12, 2006);
Conference on
Law as Practice, Institute for Law and Philosophy, Rutgers University (June 6,
2008);
Panel on
Justifications for Originalism (and Against), Conference on Originalism, Northwestern
University School of Law (April 24, 2008);
Panel on
Originalism: Meaning and Impact, Annual Meeting of the Midwest Political
Science Association (April 5, 2008);
Faculty
Workshop, Michigan State University School of Law (March 26, 2008);
Faculty
Workshop, University of Illinois College of Law (January 22, 2008);
The New
Originalism and its Critics, Association of American Law Schools Annual Meeting,
Section on Constitutional Law, Co-Sponsored by Section on Jurisprudence
(January 6, 2008);
Faculty
Workshop, University of Michigan Department of Political Science (November 16,
2007).
Comments
on the New Global Trading Order, Author Meets Readers, The New Global Trading Order by Dennis Patterson and Ari Afilalo,
Annual Meeting of the Law and Society Association (June 1, 2008).
Zombies
Panel on Current Perspectives on Theories of Law, Annual Meeting of the
Law and Society Association, Montreal Canada (May 29, 2008);
The Margins of Legal Personhood, Section on Jurisprudence, Association
of American Law Schools (January 5, 2008).
Nomoi: An Aretaic Approach to the Content of the Virtue of Justice, Invited Symposium: Philosophy of Law: What Determines the Content of Law, American Philosophical Association, Pacific Division (March 20, 2008).
The New Formalism, Law and Society Association Annual Meeting (July 28, 2007).
Author Meets Readers, “Law as a Means to an End” by Brian Tamanaha, Law and Society Association Annual Meeting (July 25, 2007).
The Neoformalist Case for Originalism, What is the Best Justification for Originalism: A Debate (with John McGinnis), University of Illinois College of Law (April 24, 2007).
Virtue Ethics and Presidential Candor, Roundtable: Truth and the Presidency: Can the Ethics of Democracy Abide Deceit and Deception?, Spinning Democracy: The Ethics of Deception in Government, Center for the Study of Democratic Governance, University of Illinois (April 23, 2007).
Constitutional Possibilities
Colloquium on
Constitutional Theory, University of Texas School of Law (March 29, 2007);
University of
Minnesota School of Law (January 19, 2007);
Author Meets
Critics, Our Undemocratic Constitution, Association of American Law Schools Annual
Meeting (January 5, 2007);
Conference, An 18th Century Constitution in a 21st Century World, University of Maryland School of Law (December 1-2, 2006).
Disintermediation and the New Law Professor, Scholarship and the New Law Professor, Of Books, Blogs, Networks, and the Placement Game, Association of American Law Schools Annual Meeting (January 5, 2007).
Copynorms and the Virtue of Justice, The Morality of Copyright Disobedience, Section on Intellectual Property, Association of American Law Schools Annual Meeting (January 4, 2007).
Models
of Internet Governance, Conference: Netting the Net, University of Oslo
(October 18, 2006).
Legal Complexity, Phronesis, and
Equity, RTP
STIC/SHS Droit & Systèmes d'information, de l'AC Droit, CERSA (Université de Paris 2) (June 20, 2006).
Blogs and the Transformation of
Legal Scholarship, Conference,
“Bloggership: How Blogs are Transforming Legal Scholarship,” Berkman Center of
Harvard Law School (April 28, 2006).
Natural
Justice, 2006
Natural Law Lecture, Natural Law Institute, Notre Dame University School of Law
(April 6, 2006).
The
Supreme Court In Bondage: Constitutional Stare Decisis, Legal Formalism, and
the Future Of Unenumerated Rights
Georgia State University School of Law (April 4, 2006);
University of Maryland School of Law (March 4, 2006);
Rutgers-Camden
School of Law (January 30, 2006);
University of Pennsylvania School of Law (February 10, 2006).
Constitutional Texting, Roundtable on Law’s Quandary,
Notre Dame University School of Law (March 31, 2006).
Download It While Its Hot: Open
Access, Intermediaries, and the Dissemination of Legal Scholarship
Lewis and Clark University
School of Law, Portland, Oregon (March 10, 2006);
Blogging: Scholarship or
Distraction, Program of the Section on Legal Scholarship, Annual Meeting
of the Association of American Law Schools (January 6, 2006).
Medical Marijuana and the
Constitution, University of
Illinois College of Law (March 8, 2006).
Public Legal Reason, University of Virginia School of Law,
Charlottesville, Virginia (February 17, 2006).
Comments on James Fleming’s
Securing Constitutional Democracy, Author
Meets Critics, Securing Constitutional Democracy, Joint Program of the Section
on Constitutional Law and the Section on Legal Scholarship, Annual Meeting of
the Association of American Law Schools (January 7, 2006).
Pivotal Politics, Appointments
Gridlock, and the Nuclear Option
Lewis and Clark School of Law (September 22, 2005);
Villanova University School of Law, Faculty Workshop
(September 9, 2005);
American Political Science Association Annual Meeting
(September 1, 2005) (with David Law).
A
Neoformalist Manifesto
The Table, Carefree
Arizona (June 1, 2005);
Federalist Society,
Columbia University School of Law (April 5, 2005);
Federalist
Society, Ave Maria School of Law (March 7, 2005).
Public
Reason, Formalism, and Judicial Legitimacy, XXII World Congress of Philosophy of Law and Social
Philosophy, Granada, Spain (May 27, 2005).
Thinking
About Government and its Proper Role,
Testimony, Hearings, First Principles: What Should Government Do, Committee on
Government Modernization, Efficiency, and Accountability, California Senate
(February 3, 2005).
The
Layers Principle and Broadband Neutrality, Faculty Workshop, University of Illinois College
of Law, Champagne-Urbana, Illinois (January 13, 2005).
The Future of Copyright
Intellectual
Property Society, University of San Deigo School of Law (March 14, 2005);
University of San
Diego School of Law, Fiftieth Anniversary Program (April 24, 2004).
Judicial Vice, Federalist Society Milwaukee
Chapter (June 11, 2004).
The Virtue of Justice: An Aretaic Approach to Legal
Formalism, Panel
on Contemporary Constitutional Theory, Midwest Political Science Association
National Conference (April 15-18, 2004).
Discussant, Civil Liberties: Then and Now, Midwest Political Science
Association National Conference (April 15-18, 2004).
Ideology or Virtue?, Floersheimer Symposium--The
Chronic Crisis: Reconsidering the Federal Judicial Appointments Process,
Benjamin N. Cardozo School of Law, Yeshiva University (March 22, 2004).
The Layers Principle: Internet
Governance and the Law
Center
on Internet and Society, Stanford University (February 16, 2004);
Faculty
Colloquium, Boston University School of Law (October 2, 2003);
Faculty
Colloquium, University of San Diego School of Law (November 20, 2002).
Getting
to Constitutional Formalism,
Panel Discussion on Transitions to Originalism, Sixth Annual Federalist Society
Faculty Conference, Atlanta, Georgia (January 4, 2004). Remarks summarized at Getting to Formalism,
http://lsolum.blogspot.com/2004_01_01_lsolum_archive.html#107351756559826553.
Is
Technology Changing the Law or is the Law Changing Technology, First Annual International Law
and Technology Forum, Institute for Law and Technology of the Center for
American and International Law (November 3, 2003).
The Importance of Assessing
Judicial Character,
Panel, Judicial Character and the Federal Appointment and Confirmation Process,
Annual Meeting of the American Political Science Association (August 29, 2003).