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Legal Theory Blog 
Thoughts about current developments in normative legal theory and jurisprudence.
Post Frequency: 67.6/day Last Entry: April 01, 2011 at 13:55:00 Recent Entries: 5612
By Larry Solum
Go to Legal Theory Blog, find other Academic blogs, or browse all law blogs.
Shany on Assessing the Effectiveness of International Courts
Posted on September 03, 2010Yuval Shany (Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology) has posted Assessing the Effectiveness of International Courts: Can the Unquantifiable Be Quantified? on SSRN. Here is the abstract: During the last twenty years we have...
New on the Stanford Encyclopedia of Philosophy
Posted on September 03, 2010Pufendorf's Moral and Political Philosophy by Michael Seidler.
Hanagan on Responsibility & Democracy
Posted on September 03, 2010Nora Hanagan (Duke University) has posted Responsibility and Democratic Rule on SSRN. Here is the abstract: The failure of citizens to accept responsibility for political and social problems is often lamented; however, it is not always clear what exactly accepting...
van der Burg on Civil Disobedience
Posted on September 03, 2010Wibren van der Burg (Erasmus University Rotterdam- School of Law) has posted The Myth of Civil Disobedience on SSRN. Here is the abstract: This paper critiques the 'ruling' Rawlsian theory of civil disobedience. The theory is rejected because of its....
Call for Participation: Comparative Legal Theory
Posted on September 02, 2010ALL FOR PARTICIPANTS - REMINDER: COMPARATIVE LEGAL THEORY (Roundtable, 29 October, Catania) Participants are being sought for a collaborative project in legal theory. The Comparative Legal Theory Project aims to study legal philosophy in context to better understand the relationship...
Book Announcement: The Household by Ellickson
Posted on September 02, 2010The Household Informal Order around the Hearth Robert C. Ellickson One of Choice?s 2009 Outstanding Academic Titles To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/8816.html Some people dwell alone, many in family-based households, and an...
Lain on the "Countermajoritarian Classics" & Judicial Review
Posted on September 02, 2010Corinna Lain (University of Richmond - School of Law) has posted The Countermajoritarian Classics (and an Upside Down Theory of Judicial Review) on SSRN. Here is the abstract: Brown v. Board of Education. Engel v. Vitale. Miranda v. Arizona. Furman...
Stone on Campbell on a Democratic Bill of Rights
Posted on September 02, 2010Adrienne Stone (University of Melbourne - Law School) has posted Tom Campbell's Proposal for a Democratic Bill of Rights (Australian Journal of Legal Philosophy, Vol. 34, 2009) on SSRN. Here is the abstract: In this essay, I examine Tom Campbell?s...
Book Announcement: Foucualt's Monsters & the Challenge of Law by Sharpe
Posted on September 02, 2010Foucault's Monsters and the Challenge of LawBy Andrew Neville Sharpe In contrast to other figures generated within social theory for thinking about outsiders, such as Rene Girard?s ?scapegoat? and Zygmunt Bauman?s ?stranger?, Foucault?s Monsters and the Challenge of Lawsuggests that...
Kleinfeld on the Role of the Idea of Evil in American & German Punishment
Posted on September 02, 2010Joshua Kleinfeld (Goethe University Frankfurt - Cluster of Excellence Normative Orders) has posted The Concept of Evil in American and German Criminal Punishment on SSRN. Here is the abstract: The gap in harshness between American and German criminal punishment represents...
Den Otter on Public Reason & Judicial Review
Posted on September 02, 2010Checkout A Public Reason Defense of Judicial Review by Ronald C. Den Otter on Balkinization. A taste: Americans have always had, and probably always will have, ambivalent feelings toward judicial review; they cannot live with it but they cannot live....
Book Announcement: The Litigation State by Farhang
Posted on September 02, 2010The Litigation State Public Regulation and Private Lawsuits in the United States Sean Farhang To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9350.html Of the 1.65 million lawsuits enforcing federal laws over the past decade, 3...
Kirshner on Proceduralist Theories of Democracy
Posted on September 02, 2010Alexander Kirshner has posted Proceduralism and Popular Threats to Democracy (The Journal of Political Philosophy, Forthcoming) on SSRN. Here is the abstract: Do pure procedural theories of democracy forbid the active defense of democratic regimes? Pure proceduralists take all democratic...
Levitin & Wachter on the Housing Bubble
Posted on September 02, 2010Adam J. Levitin and Susan M. Wachter (Georgetown University Law Center and University of Pennsylvania - The Wharton School - Real Estate Department) have posted Explaining the Housing Bubble on SSRN. Here is the abstract: There is little consensus as...
Conference Announcement: Aspiring Law Professors at ASU
Posted on September 02, 2010Here is the announcement: Aspiring Law Professors Conference 2010 The Aspiring Law Professors Conference is designed to assist Visiting Assistant Professors and Fellows at law schools across the country who anticipate attending the AALS Faculty Recruitment Conference in Fall 2010...
Mantouvalou on the UK Response to Modern Slavery
Posted on September 02, 2010Virginia Mantouvalou (University of Leicester - Faculty of Law) has posted Modern Slavery: The UK Response (Industrial Law Journal, Vol. 39, No. 4, 2010) on SSRN. Here is the abstract: This article looks at section 71 of the Coroners and...
Vladeck on Halliday on Habeas
Posted on September 01, 2010Stephen I. Vladeck (American University - Washington College of Law) has posted The New Habeas Revisionism (Harvard Law Review, Vol. 124, 2011) on SSRN. Here is the abstract: There is relatively little in the Constitution?s drafting history or ratification debates...
Johnson on IP & Disability
Posted on September 01, 2010Eric E. Johnson (University of North Dakota School of Law) has posted Intellectual Property?s Need for a Disability Perspective (George Mason University Civil Rights Law Journal (CRLJ), Vol. 20, No. 2, 2010) on SSRN. Here is the abstract: This Article...
Golove & Hulsebosch on International Recognition & the Early American Constitution
Posted on September 01, 2010David M. Golove and Daniel J. Hulsebosch (New York University - School of Law and New York University - School of Law) have posted A Civilized Nation: The Early American Constitution, the Law of Nations, and the Pursuit of International...
Samaha on Low Stakes & Constitutional Interpretation
Posted on September 01, 2010Adam Samaha (University of Chicago - Law School) has posted Low Stakes and Constitutional Interpretation on SSRN. Here is the abstract: Many of us engage in debates, sometimes intense debates, over the proper method of constitutional interpretation for judges...
Hoffmeister on Jurors & the Internet
Posted on September 01, 2010Thaddeus Hoffmeister (University of Dayton School of Law) has posted Jurors in the Digital Age on SSRN. Here is the abstract: Improper use of new technology by jurors inside and outside the courtroom has become so pervasive that commentators have...
Forell on Self-Defense & Mistakes
Posted on September 01, 2010Caroline Anne Forell (University of Oregon - School of Law) has posted What?s Reasonable?: Self-Defense and Mistake in Criminal and Tort Law (Lewis & Clark Law Review, Forthcoming) on SSRN. Here is the abstract: A terrified homeowner, Rodney Peairs, killed...
Eigen & Listokin on Lawyers Believing Their Own Hype
Posted on August 31, 2010Zev J. Eigen (Northwestern University School of Law) & Yair Listokin (Yale Law School) have posted Do Lawyers Really Believe Their Own Hype and Should They?: A Natural Experiment on SSRN. Here is the abstract: Existing research suggests that practicing...
Sawicki on Freedom of Conscience
Posted on August 31, 2010Nadia N. Sawicki (Loyola-Chicago School of Law, Beazley Institute for Health Law & Policy) has posted The Hollow Promise of Freedom of Conscience on SSRN. Here is the abstract: Freedom of conscience has long been touted as a fundamental principle...
Hot Contract Law Topics
Posted on August 31, 2010Check out Lawrence Cunningham's What are Today?s Hottest Contract Law Topics? on Concurring Opinions.
Hudson on the Commerce Clause & "Commons"
Posted on August 31, 2010Blake Hudson (Stetson University - College of Law) has posted Commerce in the Commons: A New Conception of Environmental and Natural Resource Regulation Under the Commerce Clause (Harvard Environmental Law Review, Vol. 35, No. 2, 2011) on SSRN. Here is...
Brooks on Retribution & Capital Punishment
Posted on August 31, 2010Thom Brooks (Newcastle University - Newcastle Law School) has posted Retribution and Capital Punishment (RETRIBUTIVISM: ESSAYS ON THEORY ON PRACTICE, Mark D. White, ed., Oxford University Press, 2010) on SSRN. Here is the abstract: Should retributivists reject capital punishment? It...
Kleinfeld & Schaub on Justice & Redress
Posted on August 31, 2010Joshua Kleinfeld (Goethe University Frankfurt - Cluster of Excellence Normative Orders) & Jörg Schaub (Goethe University Frankfurt - Cluster of Excellence Normative Orders) have posted The Place of Redressive Justice in the Concept of Justice on SSRN...
Fellowships for Aspiring Law Professors
Posted on August 31, 2010In addition to the Illinois Academic Fellowship Program (details here), Paul Caron has a comprehensive list of fellowships & VAPS.
Conference Announcement: Morality & the Cognitive Sciences in Riga
Posted on August 31, 20107th International Symposium of Cognition, Logic and Communication 6-8 May 2011, Riga, Latvia INVITED ORGANIZERS: Michael Bishop (Florida State University), Stephen Stich (Rutgers University) INVITED SPEAKERS include: Michael Bishop (Florida State University) Luc Faucher (Université du Québec a Montréal) Joshua...
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
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