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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.
Somin on Comstock
Posted on September 29, 2010Ilya Somin (George Mason University School of Law) has posted Taking Stock of Comstock: The Necessary and Proper Clause and the Limits of Federal Power (Cato Supreme Court Review, pp. 239-268, 2009-2010) on SSRN. Here is the abstract: Those who...
Alleman & Mazzone on Politicians as Justices
Posted on September 29, 2010Robert F. Alleman and Jason Mazzone (Brooklyn Law School and Brooklyn Law School) have posted The Case for Returning Politicians to the Supreme Court (Hastings L.J., 61, p., 1353, 2010) on SSRN. Here is the abstract: In the past few...
Perry on the Florida Gay Adoption Case
Posted on September 28, 2010Michael J. Perry (Emory University School of Law) has posted The Florida ?Gay Adoption? Case and the Political Morality of Liberal Democracy on SSRN. Here is the abstract: On September 22, 2010, Florida?s Third District Court of Appeal ? an...
Thro & Russo on Christian Legal Society v. Martinez
Posted on September 28, 2010William E. Thro and Charles J. Russo (Christopher Newport University and Univeristy of Dayton) have posted A Serious Setback for Freedom: The Implications of Christian Legal Society V. Martinez (Education Law Reporter, 2011) on SSRN. Here is the abstract: In...
Humbach on Banning Sales of Violent Videogames to Minors
Posted on September 28, 2010John A. Humbach (Pace University School of Law) has posted Teens, Porn and Videogames: Time to Rethink Ginsberg? on SSRN. Here is the abstract: This term the Supreme Court will decide whether states can constitutionally ban sales of violent videogames...
Hart on Contract Theory
Posted on September 28, 2010Danielle Kie Hart (Southwestern Law School) has posted Smoke, Mirrors & Contract Law on SSRN. Here is the abstract: Contract law is set up to be transaction enforcing, that is, to be binding. Binding means two different but related things....
Stone on Comparativism in Constitutional Law
Posted on September 28, 2010Adrienne Stone (University of Melbourne - Law School) has posted Comparativism in Constitutional Interpretation (New Zealand Law Review, pp. 45-68, 2009) on SSRN. Here is the abstract: Like most judges charged with the interpretation of constitutions, the judges of the...
Dodson on Jurisdictional Clarity
Posted on September 28, 2010Scott Dodson (William & Mary School of Law) has posted The Complexity of Jurisdictional Clarity (97 Virginia Law Review 1 (forthcoming 2011)) on SSRN. Here is the abstract: The ideal of clear and simple jurisdictional rules seems like a no-brainer....
Call for Papers: Critical Political Perspectives on Sex Work
Posted on September 28, 2010Call For Contributions: Critical Political Perspectives on Sex Work Deadline: 19 November 2010 After a successful panel on theoretical and empirical investigations into sex work in North America and Asia at the Western Political Science Association 2010 meeting, and with...
Rowe on Patents & GM Food
Posted on September 28, 2010Elizabeth A. Rowe (University of Florida - Fredric G. Levin College of Law) has posted Patents, Genetically Modified Food, and IP Overreaching (Southern Methodist University Law Review, Forthcoming) on SSRN. Here is the abstract: Genetically engineered plants and animals have...
Call for Proposals: Globalization of Health Care: Legal & Ethical Challenges at Harvard's Petrie Center
Posted on September 28, 2010Call for proposals for Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law The globalization of health care: legal and ethical challenges The increasing globalization of health care and its inputs provides new challenges for health law...
Brettschneider on the Rule of Law
Posted on September 28, 2010Corey L. Brettschneider (Brown University - Department of Political Science; Princeton University - Center for Human Values) has posted A Substantive Conception of the Rule of Law: Non-Arbitrary Treatment and the Limits of Procedure (Nomos 54: Getting to the Rule...
Somek on the Effectiveness of Public International Law
Posted on September 27, 2010Alexander Somek (University of Iowa - College of Law) has posted Defective Law on SSRN. Here is the abstract: The article takes up the foundational challenge of public international law (?Is it really law??) in a different key. It shifts...
Legal Theory Lexicon: Fact and Value
Posted on September 27, 2010Introduction Law students quickly learn that normative argument is an integral part of the law school experience. And sooner or later, they are likely to encounter what is called the fact-value distinction. Of course, the relationship between fact and value...
Befort on the Contracts Clause & Unilateral Changes to Public Sector Union Contracts
Posted on September 27, 2010Stephen F. Befort (University of Minnesota Law School) has posted Unilateral Alteration of Public Sector Collective Bargaining Agreements and the Contract Clause (Buffalo Law Review, Forthcoming) on SSRN. Here is the abstract: As public sector budgets have waxed and waned...
Massaro on Citizens United v. FEC
Posted on September 27, 2010Toni M. Massaro (University of Arizona College of Law) has posted Foreign Nationals, Electoral Spending, and the First Amendment on SSRN. Here is the abstract: The Court in January of 2010 rocked the nation when it decided Citizens United v....
Legal Theory Bookworm
Posted on September 26, 2010The Legal Theory Bookworm recommends The Decline and Fall of the American Republic by Bruce Ackerman. Here is a description: Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform...
Download of the Week
Posted on September 26, 2010The Download of the Week is Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional by Randy E. Barnett. Here is the abstract: The ?Patient Protection and Affordable Care Act? includes what is called an ?individual responsibility requirement?...
Thornton on Post-Feminism in the Legal Academy
Posted on September 25, 2010Margaret Thornton (Australian National University (ANU) - College of Law) has posted ?Post-Feminism? in the Legal Academy? (Feminist Review, Vol. 95, pp. 92-98, 2010) on SSRN. Here is the abstract: Against the background of the political swing from social liberalism...
Cooter & Gilbert on Hasen & Matsusaka on the Single Subject Rule
Posted on September 24, 2010Robert D. Cooter (University of California, Berkeley - School of Law) & Michael D. Gilbert (University of Virginia School of Law) have posted Reply to Hasen and Matsusaka (Columbia Law Review Sidebar, Vol. 110, No. 59, 2010) on SSRN. Here...
McLain on Copyright Fair Use in Cinema
Posted on September 24, 2010Lynn McLain (University of Baltimore School of Law) has posted Copyrights: Fair Use in the Film Industry on SSRN. Here is the abstract: This paper, presented at a symposium at the University of Baltimore School of Law, begins by setting...
Turner on the Public-Private Distinction
Posted on September 24, 2010Christian Turner (University of Georgia Law School) has posted A Public/Private Theory of Legal Systems on SSRN. Here is the abstract: Often derided for its incoherence or uselessness, the public/private distinction is rarely studied explicitly outside of the state action...
McClain on Sex Equality
Posted on September 24, 2010Linda C. McClain (Boston University - School of Law) has posted What's so Hard About Sex Equality?: Nature, Culture, and Social Engineering (TRANSCENDING THE BOUNDARIES OF LAW: GENERATIONS OF FEMINISM AND LEGAL THEORY, Martha Albertson Fineman, ed., Routledge, Chapter 5,...
Morrison on Stare Decisis & the OLC
Posted on September 24, 2010Trevor W. Morrison (Columbia University - Law School) has posted Stare Decisis in the Office of Legal Counsel (Columbia Law Review, Vol. 110, October 2010) on SSRN. Here is the abstract: Legal interpretation within the Executive Branch has attracted increased...
Brettschneider on State Expression, Freedom of Speech, & the Obligation to Publicize the Basis for Rights
Posted on September 24, 2010Corey L. Brettschneider (Brown University - Department of Political Science) has posted When the State Speaks, What Should it Say? Freedom of Expression and Democratic Persuasion (Perspectives on Politics, Vol. 8, No. 4, December 2010) on SSRN. Here is the...
Kapai on Substantive Equality
Posted on September 23, 2010Puja Kapai (Faculty of Law, The University of Hong Kong) has posted The Doctrine of Substantive Equality and the Democratisation of Diversities (FROM CONFLICT TO RECOGNITION: MOVING MULTICULTURALISM FORWARD, M. Kearney, ed., Forthcoming) on SSRN. Here is the abstract: The...
Guiora on Due Process & Counterterrorism
Posted on September 23, 2010Amos N. Guiora (University of Utah - S.J. Quinney College of Law) has posted Due Process and Counterterrorism (Emory International Law Review, Vol. 26, 2012) on SSRN. Here is the abstract: In this article, I examine counterterrorism from the perspective...
Schneider, Brück, & Meierrieks on
Posted on September 23, 2010Friedrich Schneider, Tilman Brück and Daniel Meierrieks (Johannes Kepler University - Department of Economics, German Institute for Economic Research (DIW Berlin) and University of Paderborn - Department of Economics) have posted The Economics of Terrorism and Counter-Terrorism: A Survey (Part...
Hovenkamp on Antitrust & the Costs of Movement
Posted on September 23, 2010Herbert J. Hovenkamp (University of Iowa - College of Law) has posted Antitrust and the Costs of Movement on SSRN. Here is the abstract: Antitrust has always been concerned about the structure of markets as well as with the bargaining...
Graham on Collective & Individual Rights and Indigenous Education
Posted on September 23, 2010Lorie Graham (Suffolk University Law School) has posted Reconciling Collective and Individual Rights: Indigenous Education and International Human Rights Law (UCLA Journal of International Law and Foreign Affairs, Forthcoming) on SSRN. Here is the abstract: This paper was written for...
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Did I harass someone?
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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
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