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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.
Maxeiner on Zippelius on Legal Method in Germany
Posted on July 19, 2010James R. Maxeiner (University of Baltimore - School of Law) has posted Do the Right Thing: Reform Legal Reasoning on SSRN. Here is the abstract: Two newly published introductions to legal reasoning judge legal methods differently. According to Frederick Schauer,...
Legal Theory Lexicon: The Reasonable Person
Posted on July 18, 2010Introduction Today's Legal theory Lexicon is about the "reasonable person." The notion of a "reasonable person" usually makes its first appearance in the Torts course. The context, of course, is the tort of negligence, where the "reasonable person" is used...
Augustine Adams on Chinese-Mexican Marriages in Sonora
Posted on July 17, 2010Kif Augustine-Adams (Brigham Young University - J. Reuben Clark Law School) has posted Marriage and Mestizaje, Chinese and Mexican: Constitutional Interpretation and Resistance in Sonora, 1921-1935 (Law & History Review, Vol. 29, No. 2, 2011) on SSRN...
Legal Theory Bookworm
Posted on July 17, 2010The Legal Theory Bookworm recommends Climate Ethics: Essential Readings, edited by Stephen Gardiner, Simon Caney, Dale Jamieson, and Henry Shue. Here is a description: This collection gathers a set of seminal papers from the emerging area of ethics and climate...
Download of the Week
Posted on July 17, 2010The Download of the Week is The Legitimating Role of Consent in International Law by Matthew J. Lister. Here is the abstract: According to many traditional accounts, one important difference between international and domestic law is that international law depends...
Colombo on Disclosure under the Williams Act
Posted on July 16, 2010Ronald J. Colombo (Hofstra University - School of Law) has posted Effectuating Disclosure Under the Williams Act on SSRN. Here is the abstract: The importance of adequate, timely disclosure of critical information to investors and the capital markets has never...
Van der Burg on Law & Ethics
Posted on July 16, 2010Wibren Van der Burg (Erasmus University Rotterdam- School of Law) has posted Law and Ethics: The Twin Disciplines (INTERDISCIPLINARY RESEARCH INTO LAW, Bart van Kink and Sanne Taekema, eds., Siebeck, 2009) on SSRN. Here is the abstract: Ethics is a...
Meier on Causation & Standing
Posted on July 16, 2010Luke Meier (Baylor Law School) has posted Causation and Standing on SSRN. Here is the abstract: To satisfy the standing requirements deriving from the ?case? or ?controversy? language of Article III, a plaintiff must show (1) injury in fact which...
Jones on Radin on Property & Personhood
Posted on July 16, 2010Jeff Jones (Lewis & Clark Law School) has posted Property and Personhood Revisited on SSRN. Here is the abstract: Almost thirty years have passed since publication of Margaret Jane Radin?s seminal work, Property and Personhood, in Stanford Law Review...
Conference Announcement: International Congress of Comparative Law in Washington
Posted on July 16, 2010The XVIIIth International Congress of Comparative Law July 25 - August 1, 2010 Washington, DC The details follow after the break. Please note that changes and updates may be made due to further planning and speaker confirmations, although changes in....
Woo on Financial Regulation & Bankruptcy
Posted on July 16, 2010Sarah P. Woo (New York University - School of Law) has posted Micro-Prudence, Macro-Risk: Where Financial Regulation Meets Bankruptcy on SSRN. Here is the abstract: Since the financial crisis began in late 2007, there has been increasing recognition that micro-prudential...
Cameron on Ideological Movement on the Supreme Court & Justices Roberts & Alito
Posted on July 16, 2010Thomas Cameron (Indiana University School of Law-Bloomington) has posted Have Chief Justice Roberts and Justice Alito Moved the Supreme Court to the Right? Ideological Movement on the Supreme Court from 1953 to 2008 on SSRN. Here is the abstract: In....
Nelson on Defining Race & the Voting Rights Act
Posted on July 15, 2010Janai S. Nelson (Saint John's University - School of Law) has posted Defining Race: The Obama Phenomenon and the Voting Rights Act on SSRN. Here is the abstract: These published remarks discuss the conflicting implications of President Obama?s electoral success...
Loewy on Insanity
Posted on July 15, 2010Arnold H. Loewy (Texas Tech University - School of Law) has posted The Two Faces of Insanity (Texas Tech Law Review, Vol. 42, p. 513, Winter 2009) on SSRN. Here is the abstract: One of the great debates surrounding insanity...
Garon on Wiki Authors & Social Editing
Posted on July 15, 2010Jon Garon (Hamline University School of Law) has posted Wiki Authorship, Social Media, and the Curatorial Audience (Harvard Journal of Sports and Entertainment Law, Vol. 1, No.1, p. 95, 2010) on SSRN. Here is the abstract: Wikis have become an...
Amir & Lobel on the Effects of Post-Employment Restrictions
Posted on July 15, 2010On Amir and Orly Lobel (University of California, San Diego - Rady School of Management and University of San Diego School of Law) has posted Innovation Motivation: Behavioral Effects of Post-Employment Restrictions on SSRN. Here is the abstract: While post-employment...
Koppelman on DOMA
Posted on July 15, 2010Check out Andrew Koppelman's op/ed in the Los Angeles Times here.
Call for Papers: Legal Pluralism & Democracy at the International Institute for the Sociology of Law (IISJ) in Oņati, Spain
Posted on July 15, 2010CALL FOR PAPERS Legal Pluralism and Democracy: When does Legal Pluralism enhance, when does it erode Legitimacy of and Trust in Democratic Institutions? Workshop to be held at the International Institute for the Sociology of Law (IISJ) in Oņati, Spain,...
Conference Announcement: "Contract as Promise" at Suffolk
Posted on July 15, 2010Save the Date: "Contract as Promise" Symposium - March 25, 2011 In 1981, Professor Charles Fried published a book on contract theory entitled Contract as Promise. For almost thirty years, the book has been the seminal work on the moral...
Call for Papers: MLEA at the University of Colorado
Posted on July 15, 2010CALL FOR PAPERS & CONFERENCE INFORMATION: Midwest Law & Economics Association Annual Meeting October 8-9, 2010 University of Colorado Law School Basic Info: The Midwest Law and Economics Association (MLEA) annual meeting will be Friday, October 8th, and Saturday, October...
Fellowship Announcement: Petrie-Flow Academic Fellowships at Harvard
Posted on July 15, 2010The Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School Seeks Distinguished Candidates for the 2011-2013 Academic Fellowship Program PURPOSE: The Petrie-Flom Center is an interdisciplinary research program at Harvard Law School dedicated to scholarly research...
Johns on the Torture Memos & International Legal Subjectivity
Posted on July 15, 2010Fleur E. Johns (Sydney Law School) has posted Democratic Torture (18th Annual Conference of the Australian and New Zealand Society of International Law, Canberra, Australia, 24-26 June 2010) on SSRN. Here is the abstract: Something happened to international law between...
Keren-Paz & Levenkron on Strict Liability of Clients to Victims of Sex-Trafficking
Posted on July 15, 2010Tsachi Keren-Paz and Nomi Levenkron (Keele University, School of Law) have posted Clients' Strict Liability Towards Victims of Sex-Trafficking (Legal Studies, Vol. 29, pp. 438-463, 2009) on SSRN. Here is the abstract: In this paper, we argue that clients who...
Henry on Dignity & Human Enhancement Technologies
Posted on July 14, 2010Leslie Meltzer Henry (University of Maryland School of Law) has posted Deciphering Dignity (American Journal of Bioethics, Vol. 10, No. 7, pp. 59-61, July 2010) on SSRN. Here is the abstract: This commentary draws on dignity?s usage in law, ethics,...
Pirker on Judicial Borrowing in International Courts
Posted on July 14, 2010Benedikt Pirker (University of Fribourg (Switzerland) - Faculty of Law and Graduate Institute of International and Development Studies (HEI)) has posted Interpreting Multi-Sourced Equivalent Norms: Judicial Borrowing in International Courts (MULTI-SOURCED EQUIVALENT NORMS IN INTERNATIONAL LAW, Tomer Broude & Yuval...
Anna Gelpern (American University
Posted on July 14, 2010Anna Gelpern (American University Washington College of Law) has posted Sovereignty, Accountability, and the Wealth Fund Governance Conundrum (Asian Journal of International Law, Forthcoming) on SSRN. Here is the abstract: Sovereign wealth funds ? state-controlled transnational portfolio investment vehicles ?...
Dreyfuss on Intellectual Production without Intellectual Property
Posted on July 14, 2010Rochelle Dreyfuss (New York University - School of Law) has posted Does IP Need IP? Accommodating Intellectual Production Outside the Intellectual Property Paradigm on SSRN. Here is the abstract: Arguments for strong intellectual property protection proceed on the assumption that...
Keren-Paz on Obligtations to Victims of Sex Trafficking
Posted on July 14, 2010Tsachi Keren-Paz (Keele University, School of Law) has posted Moral and Legal Obligations of the State to Victims of Sex Trafficking: Vulnerability and Beyond (VULNERABLE SUBJECTIVITIES: MOBILITY, NORMATIVE SPACES, AND THE FEMALE LEGAL SUBJECT, S. FitzGerald, ed...
Torrance on Hestermeyer on Patents & Access to Medicines
Posted on July 14, 2010Andrew W. Torrance (University of Kansas - School of Law) has posted Book Review: Human Rights and the WTO: The Case of Patents and Access to Medicines, by Holger Hestermeyer (The IP Book Law Review, Vol. 1, No. 1, pp....
Chiesa on Consent & Battery
Posted on July 13, 2010Luis E. Chiesa (Pace University School of Law) has posted Consent is Not a Defense to Battery: A Reply to Professor Bergelson (Ohio State Journal of Criminal Law, Vol. 9, No. 1, Fall 2011) on SSRN. Here is the abstract:...
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Did I harass someone?
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How to evict a roommate?
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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
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