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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.
Hasen on Doe v. Reed
Posted on June 25, 2010Rick Hasen's initial thoughts on Doe v. Reed on Election Law. A taste: In broad brush strokes, the Court did what I predicted they would do: a broad majority voted that disclosure of the names of the signers of referendum...
Bownan on Self-Incrimination by Criminal Informants
Posted on June 25, 2010Mary Bowman (Seattle University School of Law) has posted Truth or Consequences: Self-Incriminating Statements and Informant Veracity (New Mexico Law Review, Vol. 40, Forthcoming) on SSRN. Here is the abstract: Courts treat self-incriminating statements by criminal informants as a significant...
Dumberry on Moral Damges in Investor-State Arbitration Disputes
Posted on June 25, 2010Patrick Dumberry (University of Ottawa (Civil Law Section)) has posted Compensation for Moral Damages in Investor-State Arbitration Disputes (Journal of International Arbitration, Vol. 27, No. 3, pp. 247-276, 2010) on SSRN. Here is the abstract: This article examines the issue...
Nowak on Originalism & the Cruel & Unusual Punishment Clause
Posted on June 25, 2010Richard E. Nowak (University of Illinois College of Law) has posted Originalism's Perseverance: The Implications of a Faint-Hearted Exception to the Cruel and Unusual Punishments Clause on SSRN. Here is the abstract: When Justice Scalia admitted that given the right...
Worster on the Tax Consequences of Renouncing U.S. Citizenship & the Constitution
Posted on June 25, 2010William Thomas Worster (The Hague University) has posted The Constitutionality of the Taxation Consequences for Renouncing U.S. Citizenship (Florida Tax Review, Vol. 9, No. 11, 2010) on SSRN. Here is the abstract: Individuals that renounce their U.S. citizenship are held...
Farganis & Wedeking on Supreme Court Nominee Evasiveness
Posted on June 24, 2010Dion Farganis and Justin Wedeking (Elon University - Political Science and University of Kentucky - Dept. of Political Science) have posted No Hints, No Forecasts, No Previews: Analyzing Supreme Court Nominee Evasiveness, 1955-2009 on SSRN. Here is the abstract: Criticism...
Doremus on Climate & Change & Law that Bends
Posted on June 24, 2010Holly Doremus (University of California, Berkeley - School of Law) has posted Adapting to Climate Change Through Law that Bends Without Breaking on SSRN. Here is the abstract: Climate change poses extraordinary challenges for law. The difficulties of crafting law...
Lawson-Remer on Collective Property RIghts & Household Income in Fiji
Posted on June 24, 2010Terra Lawson-Remer (The New School Graduate Program in International Affairs) has posted Do Stronger Collective Property Rights Increase Household Income? Evidence from a Field Study in Fiji on SSRN. Here is the abstract: A diverse body of recent research identifies...
Finkelstein & Lewis on Prosecuting Lawyers for Authorizing Torture
Posted on June 24, 2010Claire Finkelstein and Michael W. Lewis (University of Pennsylvania Law School and Ohio Northern University - Pettit College of Law) have posted Should Bush Administration Lawyers Be Prosecuted for Authorizing Torture? (University of Pennsylvania Law Review (PENNumbra), Vol...
Pildes on Doe v. Reed
Posted on June 24, 2010Rick Pildes has an excellent post on today's Supreme Court decision in Doe v. Reed on Balkinization.
Wexler on Therapeutic Jurisprudence & Criminal Justice Research
Posted on June 24, 2010David B. Wexler (University of Arizona - James E. Rogers College of Law) has posted Therapeutic Jurisprudence and its Application to Criminal Justice Research and Development on SSRN. Here is the abstract: This essay, based on the 3rd Annual Martin...
Appleton on Gender & Parentage
Posted on June 24, 2010Susan Frelich Appleton (Washington University School of Law in St. Louis) has posted Gender and Parentage: Family Law's Equality Project in Our Empirical Age (WHAT IS PARENTHOOD?, Daniel Cere, Linda McClain, eds., Forthcoming) on SSRN. Here is the abstract: This...
Young on International & Comparative Law, Constitutionalism, and Judging
Posted on June 23, 2010Katharine Young (Harvard Law School) has posted The World, Through the Judge's Eye (Australian Year Book of International Law, Vol. 28, 2009) on SSRN. Here is the abstract: Constitutional interpretation is increasingly performed on a world stage, as judges refer...
Scott on Tort & Endocrine Disruption in a Canadian Aboriginal Community
Posted on June 23, 2010Dayna Nadine Scott (York University - Osgoode Hall Law School) has posted Body Polluted: Questions of Scale, Gender and Remedy on SSRN. Here is the abstract: This paper offers a critique of tort remedies grounded in feminist theory of the...
Daly on Deep Packet Inspection (or "Packet Sniffing")
Posted on June 23, 2010Angela Daly (European University Institute - Department of Law (LAW)) has posted The Legality of Deep Packet Inspection on SSRN. Here is the abstract: Deep packet inspection is a technology which enables the examination of the content of information packets...
Choudhry on Linguistic Nationalism & Constitutional Design
Posted on June 23, 2010Sujit Choudhry (University of Toronto - Faculty of Law) has posted Managing Linguistic Nationalism Through Constitutional Design: Lessons from South Asia (International Journal of Constitutional Law, Vol. 7, No. 4, pp. 577-618, 2009) on SSRN. Here is the abstract: How...
Rosenberg & McCloud on "Average Law" & Choice of Law in Multistate Class Actions
Posted on June 23, 2010David Rosenberg and Luke McCloud (Harvard Law School) have posted A Solution to the Choice-of-Law Problem of Differing State Laws in Class Actions: Average Law on SSRN. Here is the abstract: In this essay, we show why and how to...
Shaffer on Transnational Legal Process & State Change
Posted on June 23, 2010Gregory Shaffer (University of Minnesota - Twin Cities - School of Law) has posted Transnational Legal Process and State Change: Opportunities and Constraints (Society of International Economic Law (SIEL), Society of International Economic Law (SIEL), Second Biennial Global Conference University...
Choudhry on Bills of Rights in Post-Conflict States
Posted on June 22, 2010Sujit Choudhry (University of Toronto - Faculty of Law) has posted After the Rights Revolution: Bills of Rights in the Post-Conflict State (Annual Review of Law and Social Science, Forthcoming) on SSRN. Here is the abstract: A bill of rights...
Jayasurya on Rao on Public Interest Litigation in India
Posted on June 22, 2010Gautam Jayasurya (Rajiv Gandhi National University of Law) has posted Book Review: 'Public Interest Litigation in India: A Renaissance in Social Justice' by Mamta Rao on SSRN. Here is the abstract: This book gives a brief description on the past,...
Rodriguez on Spiro on Citizenship
Posted on June 22, 2010Cristina Rodriguez (New York University - School of Law) has posted A Review of Peter Spiro's Beyond Citizenship: American Citizenship after Globalization (American Journal of International Law, Vol. 103, p. 180, 2009) on SSRN. Here is the abstract: In Beyond...
Epps on the Citizenship Clause
Posted on June 22, 2010Garrett Epps (University of Baltimore School of Law) has posted The Citizenship Clause: A 'Legislative History' on SSRN. Here is the abstract: Recently, scholars and lawmakers have suggested that the United States, or even states, cease to recognize citizenship of...
Deadline Reminder: CELS at Yale
Posted on June 22, 2010REMINDER CALL FOR PAPERS FIFTH ANNUAL CONFERENCE ON EMPIRICAL LEGAL STUDIES at YALE LAW SCHOOL November 5- 6, 2010 The Conference on Empirical Legal Studies 2010 of the Society for Empirical Legal Studies (SELS) will be held at the Yale...
Duff on Criminal Law Theory
Posted on June 22, 2010R. A. Duff (University of Stirling, Philosophy) has posted Towards a Theory of Criminal Law? on Wiley InterScience (subscription required). Here is the abstract: After an initial discussion (§i) of what a theory of criminal law might amount to, I...
New on the Stanford Encyclopedia of Philosophy
Posted on June 22, 2010Ethics in Indian and Tibetan Buddhism by Charles Goodman.
Call for Papers: LatCrit Junior Faculty Development Workshop
Posted on June 22, 2010LatCrit, Inc. (LatCrit) and the Society of American Law Teachers (SALT) are pleased to invite you to the Eighth Annual Junior Faculty Development Workshop (FDW), immediately preceding the LatCrit XV program. This annual workshop is designed for critical, progressive, and...
Jurs on Science Court
Posted on June 22, 2010Andrew W. Jurs (Florida Coastal School of Law) has posted Science Court: Past Proposals, Current Considerations, and a Suggested Structure (Virginia Journal of Law and Technology, Vol. 15, No. 1, 2010) on SSRN. Here is the abstract: The improper bending...
Call for Papers: Rawls & Religion at LUISS (Rome)
Posted on June 21, 2010Call for Papers Between Rawls and Religion: Liberalism in a Postsecular World LUISS University & John Cabot University, Rome December 16-18, 2010 Speakers include: Alessandro Ferrara (Rome) Andrew March (Yale, tbc) David Rasmussen (Boston College) Johannes Van Der Ven (Nijmegen)...
Esbeck on Taxpayer Standing
Posted on June 21, 2010Carl H. Esbeck (University of Missouri School of Law) has posted Taxpayer Standing from Flast to Hein (Mississippi Law Journal Online, Vol. 80, 2010) on SSRN. Here is the abstract: This essay plays off a critique by Professor Maya Manian...
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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...

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...








