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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.
Brooks on the British Idealists' Theory of Punishment
Posted on March 25, 2010Thom Brooks (Newcastle University - Newcastle Law School) has posted Punishment and British Idealism on SSRN. Here is the abstract: In this essay, I shall not offer a philosophical history of the various debates between these different rival camps on...
Chandler on Self-Help in Cyberspace & Equality
Posted on March 25, 2010Jennifer A. Chandler (University of Ottawa - Faculty of Law - Common Law Section) has posted Technological Self-Help and Equality in Cyberspace (McGill Law Journal, Vol. 55, 2010) on SSRN. Here is the abstract: New technologies challenge the law in...
Collins, Leib, & Markel on Family Status & Criminal Law
Posted on March 24, 2010Jennifer M. Collins, Ethan J. Leib and Dan Markel (Wake Forest University - School of Law , University of California - Hastings College of the Law and Florida State University College of Law) have posted (When) Should Family Status Matter...
Kent & McMillian on Deadwood (the T.V. show)
Posted on March 24, 2010Michael B. Kent Jr. and Lance McMillian (Atlanta's John Marshall Law School, Stetson University - College of Law (Visiting) and Atlanta's John Marshall Law School) have posted The World of Deadwood: Property Rights and the Search for Human Identity on...
Book Announcement: Climate Change Justice by Posner & Weisbach
Posted on March 24, 2010Climate Change Justice Eric A. Posner & David Weisbach To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9130.html Climate change and justice are so closely associated that many people take it for granted that a global climate...
Rutledge on Decisional Sequencing
Posted on March 24, 2010Peter B. Rutledge (University of Georgia Law School) has posted Decisional Sequencing on SSRN. Here is the abstract: Judicial decisionmaking consists of two sets of choices ? (1) how to resolve the issues in a case and (2) how to...
Malloy on Social Construction of Environmental Policy Scholarship
Posted on March 24, 2010Timothy Malloy (UCLA School of Law) has posted The Social Construction of Regulation: Lessons from the War Against Command and Control (Buffalo Law Review Vol. 58, No. 2, April 2010) on SSRN. Here is the abstract: Law reform is central...
Pettigrew & Stras on the Fourth Circuit's Caseload
Posted on March 24, 2010Shaun M. Pettigrew and David R. Stras (J.D. 2007 - University of Minnesota Law School and University of Minnesota Law School) have posted The Rising Caseload in the Fourth Circuit: A Statistical and Institutional Analysis (South Carolina Law Review, Vol...
Wells on State Secrets & Executive Power
Posted on March 24, 2010Christina E. Wells (University of Missouri School of Law) has posted State Secrets & Executive Accountability (Constitutional Commentary, pp. 1-22, March 2010) on SSRN. Here is the abstract: This essay, part of a symposium on executive power, examines use of...
Paust on Torture Policy in the Obama Administration
Posted on March 23, 2010Jordan J. Paust (University of Houston Law Center) has posted Ending the U.S. Program of Torture and Impunity: President Obama's First Steps and the Path Forward (Tulane Journal of International & Comparative Law, Vol. 18, 2010) on SSRN. Here is...
Stockmeyer on Laurance Hyde
Posted on March 23, 2010Norman Otto Stockmeyer (Thomas M. Cooley Law School) has posted America's First Merit-Selection Judge (The Scrivener, p. 4, Winter 2010) on SSRN. Here is the abstract: The "Missouri Plan" of merit selection is used by 32 states to select some...
Mikhail on the Universality of Homicide Prohibition
Posted on March 23, 2010John Mikhail (Georgetown University Law Center) has posted Is the Prohibition of Homicide Universal? Evidence from Comparative Criminal Law (Brooklyn Law Review, Forthcoming) on SSRN. Here is the abstract: Whether moral universals exist is one of history's most widely debated...
Samaha on Tiebreakers
Posted on March 23, 2010Adam Samaha (University of Chicago - Law School) has posted On Law's Tiebreakers (University of Chicago Law Review, Forthcoming) on SSRN. Here is the abstract: Tiebreakers are familiar tools for decision-making. Ready examples include penalty shootouts in soccer matches and...
Benforado on the Geography of Criminal Law
Posted on March 23, 2010Adam Benforado (Drexel University - Earle Mack School of Law) has posted The Geography of Criminal Law (Cardozo Law Review, Vol. 31, No. 3, 2010) on SSRN. Here is the abstract: When Westerners explain the causes of actions or outcomes...
Martinez on the Anti-Favoritism Norm
Posted on March 23, 2010John Martinez (SJ Quinney College of Law) has posted Getting Back the Public's Money: The Anti-Favoritism Norm in American Property Law (Buffalo Law Review Forthcoming) on SSRN. Here is the abstract: Should Congress earmark $5 million in the federal defense...
Cunningham on Tradition versus Economic Analysis of Law
Posted on March 22, 2010Lawrence A. Cunningham (George Washington University Law School) has posted Traditional Versus Economic Analysis: Evidence from Cardozo and Posner Torts Opinions Florida Law Review, Vol. 62, 2010) on SSRN. Here is the abstract: This Article contributes a new approach and...
Seidman on the Ninth Amendment
Posted on March 22, 2010Louis Michael Seidman (Georgetown University Law Center) has posted Our Unsettled Ninth Amendment: An Essay on Unenumerated Rights and the Impossibility of Textualism on SSRN. Here is the abstract: The Ninth Amendment - our resident anarchic and sarcastic "constitutional jester"...
Kammerhofer on Legal Personality & Non-State Actors in International Law
Posted on March 22, 2010Jörg Kammerhofer (University of Erlangen-Nuremberg, Department of Law) has posted Non-State Actors from the Perspective of the Pure Theory of Law on SSRN. Here is the abstract: This paper looks at the concept of legal personality from the Pure Theory...
Gray on Transitional Justice
Posted on March 22, 2010David C. Gray (University of Maryland - School of Law) has posted Extraordinary Justice on SSRN. Here is the abstract: This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others that transitional justice is just...
Conference Announcement: Reconstructing Masculinities Harvard
Posted on March 22, 2010Reconstructing Masculinities Harvard Journal of Law and Gender Friday, March 26, 2010, Austin North http://www.law.harvard.edu/students/orgs/jlg/next/symposium.php A symposium on contemporary masculinities, their interactions with feminist and queer theory, and the role of masculinities in education and the workplace...
Sagers on Repeal of the Antitrust Insurance Objections
Posted on March 22, 2010Chris Sagers (Cleveland State University - Cleveland-Marshall College of Law) has posted Much Ado About Probably Pretty Little: Mccarran-Ferguson Repeal in the Pending Health Reform Legislation (Yale Law & Policy Review, Vol. 28, 2010) on SSRN. Here is the abstract:...
Legal Theory Lexicon: Standards of Review
Posted on March 21, 2010Introduction Law students begin to encounter the concept of a "standard of review" earlier in the first year. That's not surprising. First-year law students read appellate cases, and every appellate decision explicitly or implicitly includes a standard of appellate review--a...
Menashi on Sunstein on a Living Constitution
Posted on March 20, 2010Steven Menashi (Georgetown University Law Center) has posted The Undead Constitution (Policy Review, No. 157, pp. 76-82, October & November 2009) on SSRN. Here is the abstract: A review of Cass R. Sunstein, A Constitution of Many Minds: Why the...
Legal Theory Bookworm
Posted on March 20, 2010The Legal Theory Bookworm recommends The Negotiable Constitution: On the Limitation of Rights by Grégoire C. N. Webber. Here is a description: In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended...
Download of the Week
Posted on March 20, 2010The Download of the Week is Virtue and Contract Law by Chapin Cimino. Here is the abstract: For years, legal theory scholars have been obsessed with two dominant normative accounts: law and economics and individual rights. Recently, however, an old...
Tirosh on Surnames, Gender, and Personhood
Posted on March 19, 2010Yofi Tirosh (Faculty of Law, Tel Aviv University) has posted A Name of One's Own: Gender and Symbolic Legal Personhood in the European Court of Human Rights (Harvard Journal of Law and Gender, Vol. 33, 2010) on SSRN. Here is...
Telman on Cimino on Aretaic Contract Theory
Posted on March 19, 2010Check out Jeremy Telman's Fault Lines in Contracts Theory IV: Chapin Cimino on ContractsProf.
Conference Announcement: Philosophy of Amartya Sen at Erasmus University Rotterdam
Posted on March 19, 2010Symposium on the Philosophy of Amartya Sen To be held at the Erasmus University Rotterdam, the Netherlands On Thursday, July 1st, 2010 from 9.30-17.30. http://www.eur.nl/fw/sen Speakers: Ann Cudd (University of Kansas, USA): Commitment and Explanation: Sen?s Philosophy of Social Science...
Conference Announcement: Legal Science & Legal Theory at Oxford
Posted on March 19, 2010Legal Science and Legal Theory: An International Conference on Philosophy of Law Wednesday 8 2010 until Friday 10 September Legal Science and Legal Theory: An International Conference on Philosophy of Law Venue: Oxford The Faculty of Law hosts a three-day...
Sagers on Legal Romanticism
Posted on March 19, 2010Chris Sagers (Cleveland State University - Cleveland-Marshall College of Law) has posted Understanding the Recurrent Crisis in Legal Romanticism: Two Criteria for Coherent Doubt (Washington University Jurisprudence Review, Vol. 2, 2010) on SSRN. Here is the abstract: Broadly skeptical or...
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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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