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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.
Book Announcement: Partisan Balance by Mayhew
Posted on February 15, 2011Partisan Balance Why Political Parties Don't Kill the U.S. Constitutional System David R. Mayhew To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9432.html With three independent branches, a legislature divided into two houses, and many diverse constituencies,...
Mikhail on Emotion, Deontic Judgment, and Law (and Joshua Greene)
Posted on February 15, 2011John Mikhail (Georgetown University Law Center) has posted Emotion, Neuroscience, and Law: A Comment on Darwin and Greene (Emotion Review, Forthcoming) on SSRN. Here is the abstract: Darwin?s (1871) observation that evolution has produced in us certain emotions responding to...
Bauries on Garcetti v. Ceballos in the Federal Appellate Courts
Posted on February 15, 2011Scott R. Bauries (University of Kentucky College of Law) & Patrick Schach have posted Coloring Outside the Lines: Garcetti v. Ceballos in the Federal Appellate Courts (Education Law Reporter, Vol. 262, p. 357, 2011) on SSRN. Here is the abstract:...
O'Neill on Constitutional Jeremiads
Posted on February 15, 2011Timothy P. O'Neill (John Marshall Law School) has posted Constitutional Argument as Jeremiad (Valparaiso University Law Review, Vol. 45, No. 1, 2010) on SSRN. Here is the abstract: The "jeremiad" - a lamentation over how a community has fallen away...
Grimmelman on Sealand & HavenCo
Posted on February 14, 2011James Grimmelmann (New York Law School) has posted Sealand, HavenCo, and the Rule of Law on SSRN. Here is the abstract: In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North...
Legal Theory Lexicon: Hohfeld
Posted on February 14, 2011Introduction You need to know Hohfeld! Why? Because W.N. Hohfeld?s typology of rights from his book Fundamental Legal Conceptions is, well, fundamental. And useful! Law students encounter the idea of right (moral or legal) early and often. But ?rights talk?...
Osofsky on Multidimensional Governance & the BP Deepwater Horizon Oil Spill
Posted on February 14, 2011Hari M. Osofsky (University of Minnesota - Twin Cities - School of Law) has posted Multidimensional Governance and the BP Deepwater Horizon Oil Spill on SSRN. Here is the abstract: This Article explores the governance challenges posed by the BP...
Hurt on Regulating Executive Compensation
Posted on February 14, 2011Christine Hurt (University of Illinois College of Law) has posted Regulating Compensation (Entrepreneurial Business Law Journal, Forthcoming) on SSRN. Here is the abstract: In the Fall of 2008, the United States economy experienced what has been called a financial crisis,...
Harcourt on the Malaria Experiments at Stateville Prison & Fabricated Consent
Posted on February 14, 2011Bernard E. Harcourt (University of Chicago - Law School) has posted Making Willing Bodies: Manufacturing Consent Among Prisoners and Soldiers, Creating Human Subjects, Patriots, and Everyday Citizens - The University of Chicago Malaria Experiments on Prisoners at Stateville Penitentiary on...
Chafetz on Levinson on Constitutional Commitment
Posted on February 14, 2011Josh Chafetz (Cornell Law School) has posted The Political Animal and the Ethics of Constitutional Commitment (Harvard Law Review Forum, Vol. 124, pp. 1-12, February 2011) on SSRN. Here is the abstract: In his article Parchment and Politics: The Positive...
Mank on Summers v. Earth Island Institute & Standing
Posted on February 12, 2011Bradford C. Mank (University of Cincinnati - College of Law) has posted Summers V. Earth Island Institute: Its Implications for Future Standing Decisions (Environmental Law Reporter, Vol. 40, p. 10958, 2010) on SSRN. Here is the abstract: In Summers v...
Legal Theory Bookworm
Posted on February 12, 2011The Legal Theory Bookworm recommends Transformations in American Legal History, II: Law, Ideology, and Methods -- Essays in Honor of Morton J. Horwitz, edited by Daniel W. Hamilton & Alfred L. Brophy. Here is a description: Over the course of...
Download of the Week
Posted on February 12, 2011The Download of the Week is Reforming Article V: The Problems Created by the National Convention Amendment Method and How to Fix Them by Michael B. Rappaport. Here is the abstract: The amendment provisions of the United States Constitution have...
Craig on Proportionality & Judicial Review in Administrative Law
Posted on February 11, 2011Paul P. Craig (University of Oxford - Faculty of Law) has posted Proportionality, Rationality and Review (New Zealand Law Review, p. 265, 2010) on SSRN. Here is the abstract: There is a debate in certain common law jurisdictions as to...
Joerges, Trubek, & Zumbansen on Critical Legal Thought & Comparative Legal Theory
Posted on February 11, 2011Christian Joerges, David M. Trubek and Peer Zumbansen (European University Institute - Department of Law, University of Wisconsin Law School and Osgoode Hall Law School - York University) have posted The Legacy of Critical Legal Thought and Transatlantic Endeavours on...
Lawsky on Declining Marginal Utility & Tax Policy
Posted on February 11, 2011Sarah B. Lawsky (University of California, Irvine School of Law) has posted On the Edge: Declining Marginal Utility and Tax Policy (Minnesota Law Review, Vol. 95, No. 3, 2011) on SSRN. Here is the abstract: Tax policy and scholarship generally...
Cohen on Copyright & Incentives
Posted on February 11, 2011Julie E. Cohen (Georgetown University Law Center) has posted Copyright as Property in the Post-Industrial Economy: A Research Agenda (Wisconsin Law Review, Vol. 2011, 2011) on SSRN. Here is the abstract: The incentives-for-authors formulation of copyright?s purpose is so deeply...
Bambauer on Wikileaks
Posted on February 11, 2011Derek E. Bambauer (Brooklyn Law School) has posted Consider the Censor (Wake Forest Journal of Law & Policy, Forthcoming) on SSRN. Here is the abstract: WikiLeaks is frequently celebrated as the whistleblowing heir of the Pentagon Papers case. This Essay...
Fuentes-Rohwer on Political Gerrymandering
Posted on February 11, 2011Luis E. Fuentes-Rohwer (Indiana University Maurer School of Law) has posted Looking for a Few Good Philosopher Kings: Political Gerrymandering as a Question of Institutional Competence (Connecticut Law Review, Forthcoming) on SSRN. Here is the abstract: The redistricting season is...
Kolber on Greenawalt on Freedom of Conscience
Posted on February 10, 2011Adam J. Kolber (Brooklyn Law School) has posted Alternative Burdens on Freedom of Conscience (San Diego Law Review, Vol. 47, 2010) on SSRN. Here is the abstract: We sometimes exempt people from generally applicable laws when compliance would violate their...
Baradaran & McIntyre on Predicting Violence & Pretrial Detention
Posted on February 10, 2011Shima Baradaran and Frank McIntyre (Brigham Young University - J. Reuben Clark Law School and Brigham Young University - Department of Economics) have posted Predicting Violence on SSRN. Here is the abstract: The last several years have seen a marked...
Lee on Empirical Desert
Posted on February 10, 2011Youngjae Lee (Fordham University School of Law) has posted Desert, Deontology, and Vengeance (Arizona State Law Journal, Vol. 42, 2011) on SSRN. Here is the abstract: In a series of recent writings, Paul Robinson has defended ?empirical desert? as the...
Klass on the Law of Information
Posted on February 10, 2011Gregory Klass (Georgetown University Law Center) has posted Meaning, Purpose and Cause in the Law of Information on SSRN. Here is the abstract: Laws designed to affect the flow of information take many forms: rules against misrepresentation, disclosure requirements, secrecy...
Sarnoff on Patent Eligible Inventions
Posted on February 10, 2011Joshua D. Sarnoff (DePaul University College of Law) has posted Patent Eligible Inventions after Bilski: History and Theory on SSRN. Here is the abstract: The U.S. Supreme Court has continued to require that patentable subject matter eligibility determinations under Section...
Yung on Heterogenity, Multidimensionality, and Independence in Empirical Studies of Judging
Posted on February 10, 2011Corey Rayburn Yung (The John Marshall Law School) has posted How Judges Decide: A Multidimensional Empirical Typology of Judicial Styles in the Federal Courts on SSRN. Here is the abstract: This article calls into question fundamental premises related to the...
Rappaport on Constitutional Amendments
Posted on February 09, 2011Michael B. Rappaport (University of San Diego School of Law) has posted Reforming Article V: The Problems Created by the National Convention Amendment Method and How to Fix Them (Virginia Law Review, Vol. 96, No. 7, November 2010) on SSRN....
Fellowship Announcement: H.L.A. Hart Visiting Fellowships at Oxford
Posted on February 09, 2011HLA Hart Visiting Fellowships Oxford Centre for Ethics and Philosophy of Law http://www.univ.ox.ac.uk/news_and_announcements/vacancies/academic_appointments/hla_hart_visiting_fellowships_1/ The Oxford Centre for Ethics and Philosophy of Law (CEPL) invites applications for up to four short-term HLA Hart Visiting Fellowships to be held at University College,...
McLay on Choosing Between Tort Law & the Human Rights Acts in the UK, Canada, & New Zealand
Posted on February 09, 2011Geoff McLay (Victoria University of Wellington - Law Faculty) has posted Constitutional Rights - Tort Law or the Human Rights Acts: Towards a Framework on SSRN. Here is the abstract: Courts in the United Kingdom, Canada, and New Zealand have...
Calo on Religious Pluralism & the European Court of Human Rights
Posted on February 09, 2011Zachary R. Calo (Valparaiso University School of Law) has posted Pluralism, Secularism and the European Court of Human Rights (Journal of Law and Religion, Vol. 26, p. 101, 2010) on SSRN. Here is the abstract: Beginning with its seminal 1993...
Walsh on Partial Unconstitutionality
Posted on February 09, 2011Kevin C. Walsh (University of Richmond - School of Law) has posted Partial Unconstitutionality (New York University Law Review, Vol. 85, p. 738, 2010) on SSRN. Here is the abstract: Courts often hold legislation unconstitutional, but nearly always only part...
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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...








