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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.
Joh on Undercover Police Paticipation in Crime
Posted on July 10, 2009Elizabeth E. Joh (U.C. Davis School of Law) has posted Breaking the Law to Enforce it: Undercover Police Participation in Crime (Stanford Law Review, Vol. 62) on SSRN. Here is the abstract: In Breaking the Law to Enforce It: Undercover...
Marcus on Trans-Substantivity
Posted on July 10, 2009David Marcus (University of Arizona - James E. Rogers College of Law) has posted The Past, Present, and Future of Trans-Substantivity in Federal Civil Procedure (DePaul Law Review, Vol. 59, 2010) on SSRN. Here is the abstract: The trans-substantivity principle...
Rowe on Trade Secrets & Free Speech
Posted on July 10, 2009Elizabeth A. Rowe (University of Florida - Fredric G. Levin College of Law) has posted Trade Secret Litigation and Free Speech: Is it Time to Restrain the Plaintiffs? (Boston College Law Review, 2009) on SSRN. Here is the abstract: Trade...
Fortney on Empirical Research on the Legal Profession
Posted on July 09, 2009Susan Saab Fortney (Texas Tech University School of Law) has posted Taking Empirical Research Seriously (Georgetown Journal of Legal Ethics, Vol. 22, 2009) on SSRN. Here is the abstract: This essay considers how empirical research on the legal profession can...
Shaffer & Pollack on Hard & Soft Law in Internatonal Governance
Posted on July 09, 2009Gregory Shaffer and Mark A. Pollack (University of Minnesota - Twin Cities - School of Law and Temple University - Department of Political Science) have posted Hard vs. Soft Law: Alternatives, Complements and Antagonists in International Governance (Minnesota Law Review,...
McAffee on Treanor on Amar on the Ninth Amendment
Posted on July 09, 2009Thomas McAffee (William S. Boyd School of Law, UNLV) has posted Taking History Seriously: Reflections on a Critique of Amar's Treatment of the Ninth Amendment in His Work on the Bill of Rights on SSRN. Here is the abstract: Dean...
Barkow on Prosecutors as Corporate Regulators
Posted on July 09, 2009Rachel E. Barkow (New York University - School of Law) has posted The Prosecutor as Regulatory Agency (PROSECUTORS IN THE BOARDROOM: USING CRIMINAL LAW TO REGULATE CORPORATE CONDUCT, Anthony Barkow & Rachel Barkow, eds., NYU Press, Forthcoming) on SSRN...
Leiter on Nietzche on Freedom of the Will
Posted on July 09, 2009Brian Leiter (University of Chicago Law School) has posted Nietzsche's Philosophy of Action (Blackwell Companion to Philosophy of Action, 2010) on SSRN. Here is the abstract: Nietzsche holds that people lack freedom of the will in any sense that would...
Vermeule on System Effects & the Constitution
Posted on July 09, 2009Adrian Vermeule (Harvard University - Harvard Law School) has posted Foreword: System Effects and the Constitution (Harvard Law Review, Forthcoming) on SSRN. Here is the abstract: A system effect arises when the properties of an aggregate differ from the properties...
Dagan on Inclusion & Exclusion in Property Law
Posted on July 08, 2009Hanoch Dagan (Tel Aviv University - Buchmann Faculty of Law) has posted Exclusion and Inclusion in Property on SSRN. Here is the abstract: Exclusion is in vogue in property discourse: the right to exclude is often considered property?s most defining....
Denton on the Recess Appointents Clause
Posted on July 08, 2009Blake Denton (Government of the United States of America - 11th Circuit) has posted While the Senate Sleeps: Do Contemporary Events Warrant a New Interpretation of the Recess Appointments Clause? (Catholic University Law Review, Vol. 58, No. 751, 2009) on...
Gedicks on Originalism & Substantive Due Process
Posted on July 08, 2009Frederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted Originalist Roots of Substantive Due Process: Higher-Law Constitutionalism and the Fifth Amendment (BYU Clark Memorandum, Forthcoming) on SSRN. Here is the abstract: The notion of ?substantive?...
Rosenthal on Mizner on Probable Cause
Posted on July 08, 2009Lawrence Rosenthal (Chapman University - School of Law) has posted Probability, Probable Cause, and the Law of Unintended Consequences (Texas Law Review, Vol. 87, p. 63, 2009) on SSRN. Here is the abstract: This brief essay responds to Max Mizner's...
Chiodo on R. v. Big M Drug Mart Ltd
Posted on July 08, 2009Suzie Chiodo (University of Western Ontario Faculty of Law) has posted Big M, Little Freedom: Accommodating Religion in a Secular Society on SSRN. Here is the abstract: By seeing religion as an aspect of life instead of a framework of...
Traum on Habeas & Equitable Tolling
Posted on July 08, 2009Anne R. Traum (William S. Boyd School of Law, UNLV) has posted Last Best Chance for the Great Writ: Equitable Tolling and Federal Habeas Corpus (Maryland Law Review, Vol. 68, No. 3, 2009) on SSRN. Here is the abstract: This...
Kuo on Global Administrative Law & Global Constitutionalism
Posted on July 07, 2009Ming-Sung Kuo (Max Planck Institute for Comparative Public Law and International Law) has posted Between Fragmentation and Unity: The Uneasy Relationship between Global Administrative Law and Global Constitutionalism (San Diego International Law Journal, Vol...
Innes & Mitra on an Honesty Experiment
Posted on July 07, 2009Robert Innes and Arnab Mitra (University of Arizona - Department of Agricultural and Resource Economics and University of Arizona, Department of Economics) have posted Is Dishonesty Contagious? An Experiment on SSRN. Here is the abstract: When an individual believes that...
Haile on Sin Taxes
Posted on July 07, 2009Andrew J Haile (Elon University School of Law) has posted Sin Taxes: When the State Becomes the Sinner on SSRN. Here is the abstract: To fill budget gaps, several state legislatures have proposed increasing existing taxes on tobacco and alcohol...
Humbach on Free Will
Posted on July 07, 2009John A. Humbach (Pace University School of Law) has posted Free Will Ideology: Experiments, Evolution and Virtue Ethics on SSRN. Here is the abstract: Free will could never have evolved in a world of ordinary biological forces. There is, moreover,...
Kritzer on the Costs of Civil Justice
Posted on July 07, 2009Herbert M. Kritzer (University of Minnesota Law School) has posted Fee Regimes and the Cost of Civil Justice (Civil Justice Quarterly, Vol. 28, 2009) on SSRN. Here is the abstract: The problem of costs in civil justice processes is an...
Hanna on Domestic Abuse
Posted on July 07, 2009Cheryl Hanna (Vermont) has posted Behind the Castle Walls: Balancing Privacy and Security in Domestic Abuse Cases (Thomas Jefferson Law Review, Forthcoming) on SSRN. Here is the abstract: In this paper, adapted from the Ruth Bader Ginsburg keynote lecture at...
Kuo on Everson and Eisner on European Constitituionalism
Posted on July 07, 2009Ming-Sung Kuo (Max Planck Institute for Comparative Public Law and International Law) has posted From Myth to Fiction: Why a Legalist-Constructivist Rescue of European Constitutional Ordering Fails (Oxford Journal of Legal Studies, Vol. 29, 2009) on SSRN...
Kornhauser on Gender & Capital Gains Taxation
Posted on July 06, 2009Marjorie E. Kornhauser (Arizona State University - College of Law) has posted Gender and Capital Gains Taxation on SSRN. Here is the abstract: Most countries grant capital gains preferential treatment under their income tax laws by either excluding them from...
Giesen on Wrongful Birth, Wrongful Life, and Comparative Law
Posted on July 06, 2009Ivo Giesen (Utrecht University) has posted Of Wrongful Birth, Wrongful Life, Comparative Law and the Politics of Tort Law Systems (Tydskrif vir Heedendaagse Romeins-Hollandse Reg (THRHR), Vol. 72, p.257, 2009) on SSRN. Here is the abstract: In analysing ?wrongful birth?...
Flatt & Collins on Environmental Enforcement
Posted on July 06, 2009Victor Byers Flatt and Paul M. Collins Jr. (UNC Chapel Hill School of Law and University of North Texax) have posted Environmental Enforcement in Dire Straits - 'There is No Protection for Nothing and No Data for Free' (Notre Dame...
Albert on Presidentialism & Parliamentarism
Posted on July 06, 2009Richard Albert (Boston College - Law School) has posted The Fusion of Presidentialism and Parliamentarism (American Journal of Comparative Law, Forthcoming) on SSRN. Here is the abstract: No question of constitutional design is more intensely debated than whether emerging democracies...
Griffin on the Wrong Person Defense
Posted on July 06, 2009Lissa Griffin (Pace University School of Law) has posted Avoiding Wrongful Convictions: Re-Examining the 'Wrong-Person' Defense (Seton Hall Law Review, Vol. 39, 2009) on SSRN. Here is the abstract: This Article reviews the history of the right to present a...
Legal Theory Lexicon: The Rule of Law
Posted on July 05, 2009Introduction This installment of the Legal Theory Lexicon provides a very short introduction to the idea of "the rule of law," aimed as usual at law students (especially first year law students) with an interest in legal theory. What is...
Legal Theory Bookworm
Posted on July 04, 2009The Legal Theory Bookworm recommends A Failure of Capitalism: The Crisis of '08 and the Descent into Depression by Richard A. Posner. Here is a description: The financial and economic crisis that began in 2008 is the most alarming of...
Download of the Week
Posted on July 04, 2009Catherine Fisk and Deborah C. Malamud (University of California, Irvine Law School and New York University - School of Law) have posted The NLRB in Administrative Law Exile: Problems with its Structure and Function and Suggestions for Reform (Duke Law...
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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...








