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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.
Mortenson on Yoo on Executive Power & History
Posted on February 21, 2011Julian Davis Mortenson (Michigan Law School) has posted Executive Power and the Discipline of History (University of Chicago Law Review, Vol. 78, p. 377, 2011) on SSRN. Here is the abstract: In a trilogy of books published after September 11,...
Davies on Congressman Mann & Secret Legislative History
Posted on February 21, 2011Ross E. Davies (George Mason University School of Law) has posted The Secret Meaning of Intent on SSRN. Here is the abstract: At the Supreme Court (and elsewhere) there has long been a wide range of views about the proper...
de Jong on Criminal Intent
Posted on February 21, 2011Ferry de Jong (Utrecht University School of Law) has posted Theorizing Criminal Intent: A Methodological Account (Utrecht Law Review, Vol. 7, No. 1, pp. 1-33, January 2011) on SSRN. Here is the abstract: This article examines the nature of the...
Legal Theory Lexicon: Strict Construction & Judicial Activism
Posted on February 20, 2011Introduction This entry in the Legal Theory Lexicon is a bit unusual. Rather than explicating concepts that are important to legal theory, the point of this post is to debunk two concepts that (arguably) are unimportant (or even meaningless), strict....
Legal Theory Bookworm
Posted on February 19, 2011The Legal Theory Bookworm recommends Philosophy of Law by Andrei Marmor. Here is a description: In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law--an issue that has been at the...
Download of the Week
Posted on February 19, 2011The Download of the Week is Truth in Law by Andrei Marmor. Here is the abstract: In this essay I offer a speech act analysis of truth evaluable content of legal prescriptions. The argument is based on two main frameworks:...
Carter on Affirmative Action as Government Speech
Posted on February 18, 2011William M. Carter Jr. (Temple University - James E. Beasley School of Law) have posted Affirmative Action as Government Speech on SSRN. Here is the abstract: This article seeks to transform how we think about ?affirmative action.? The Supreme Court?s...
Jackson on Substantive Due Process & the Ninth Amendment
Posted on February 18, 2011Jeffrey D. Jackson (Washburn University - School of Law) has posted Putting Rationality Back into the Rational Basis Test: Saving Substantive Due Process and Redeeming the Promise of the Ninth Amendment (University of Richmond Law Review, Vol. 45, No...
Barnett on the Constitutionality of the Individual Mandate
Posted on February 18, 2011Randy E. Barnett (Georgetown University Law Center) has posted Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional (NYU Journal of Law & Liberty, Vol. 5, 2010) on SSRN. Here is the abstract: The ?Patient Protection and Affordable...
Blackman on Social Cost, Constitutionality, and the Second Amendment
Posted on February 18, 2011Josh Blackman (Penn State Dickinson School of Law) has posted The Constitutionality of Social Cost (Harvard Journal of Law and Public Policy, Vol. 34, 2011) on SSRN. Here is the abstract: During the Passover Seder, it is customary in the...
Conference Announcement: Association of Legal and Social Philosophy at Warwick
Posted on February 18, 2011The 2011 ALSP Annual Conference University of Warwick July 4th - July 6th 2011 ?Authority, Legitimacy and Rights? Plenary Speakers: Professor Thomas Christiano (University of Arizona) and Professor Antony Duff (Universities of Minnesota and Stirling) Sub themes include: · legitimacy...
Craig on Chevron Deference for Agency Interpretations of Court Decisions
Posted on February 18, 2011Robin Kundis Craig (Florida State University College of Law) has posted Agencies Interpreting Courts Interpreting Statutes: The Deference Conundrum of a Divided Supreme Court on SSRN. Here is the abstract: Plurality decisions from the U.S. Supreme Court demand interpretation, especially...
Loewy on Chief Justice Roberts
Posted on February 18, 2011Arnold H. Loewy (Texas Tech University School of Law) has posted Chief Justice Roberts (A Preliminary Assessment) (Stetson Law Review, Forthcoming) on SSRN. Here is the abstract: In "Chief Justice Roberts (A Preliminary Assessment)", Professor Loewy explores Chief Justice John...
Kar on the Origins of Western Law
Posted on February 18, 2011Robin Bradley Kar (University of Illinois College of Law) has posted On the Origins of Western Law and Western Civilization (in the Indus Valley) on SSRN. Here is the abstract: Western Law and Western Civilization are often said to be...
Klass on Contract as Promise
Posted on February 17, 2011Gregory Klass (Georgetown University Law Center) has posted Promise Etc. on SSRN. Here is the abstract: This essay, written for "Contract as Promise at 30" at Suffolk Law School, examines the moral obligations contractual agreements generate. It distinguishes a narrow...
New on the Stanford Encyclopedia of Philosophy
Posted on February 17, 2011Progress by Margaret Meek Lange.
Marmor on Truth in Law
Posted on February 17, 2011Andrei Marmor (University of Southern California - Gould School of Law) has posted Truth in Law on SSRN. Here is the abstract: In this essay I offer a speech act analysis of truth evaluable content of legal prescriptions. The argument...
Celano on Particularism, Exceptions, & Defeasibility
Posted on February 17, 2011Bruno Celano (University of Palermo) has posted True Exceptions: Defeasibility and Particularism (ESSAYS ON LEGAL DEFEASIBILITY, J. Ferrer Beltrán & G. B. Ratti, eds., Oxford University Press, 2010) on SSRN. Here is the abstract: Sometimes, kinds of cases which do...
Chesterman on Surveillance, Liberty, and the Use of Information
Posted on February 17, 2011Simon Chesterman (New York University - School of Law, Singapore Programme) has posted One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty (Introduction) (Simon Chesterman, ONE NATION UNDER SURVEILLANCE: A NEW SOCIAL CONTRACT TO DEFEND...
Shapiro & Mosvick on Overruling Precedent & Citizens United
Posted on February 17, 2011Ilya Shapiro and Nicholas M. Mosvick (Cato Institute and Cato Institute) have posted Stare Decisis after Citizens United: When Should Courts Overturn Precedent (Nexus Journal of Law & Public Policy, Vol. 16, 2011) on SSRN. Here is the abstract: Stare...
Perlin on the Chase Impeachment & Judicial Independence
Posted on February 17, 2011Adam A. Perlin has posted The Impeachment of Samuel Chase: Redefining Judicial Independence (Rutgers Law Review, Vol. 62, No. 3, p. 725, 2010) on SSRN. Here is the abstract: This article hopes to make the following contributions to the existing...
Brooks on Brudner on Punishment
Posted on February 16, 2011Thom Brooks (Newcastle University - Newcastle Law School) has posted Punishment: Political, Not Moral on SSRN. Here is the abstract: Alan Brudner?s Punishment and Freedom is a remarkable contribution to liberal and penal theory offering a well-argued and compelling theory...
Cunningham on Executive Pay & Unconscionability
Posted on February 16, 2011Lawrence A. Cunningham (George Washington University Law School) has posted A New Legal Theory to Test Executive Pay: Contractual Unconscionability (Iowa Law Review, Vol. 96, 2011) on SSRN. Here is the abstract: Lucrative pay to corporate managers remains controversial yet...
Yankah on Overcriminalization
Posted on February 16, 2011Ekow N. Yankah (Yeshiva University - Benjamin N. Cardozo School of Law) has posted A Paradox in Overcriminalization (New Criminal law Review, Vol. 14, No. 1, Winter 2011) on SSRN. Here is the abstract: Given that one of the central...
Harel & Shinar on Constrained Judicial Review
Posted on February 16, 2011Alon Harel and Adam Shinar (Hebrew University of Jerusalem - Faculty of Law and Harvard Law School) have posted Between Judicial and Legislative Supremacy: A Cautious Defense of Constrained Judicial Review on SSRN. Here is the abstract: This Article explores...
Lipshaw on Metaphor & Contract Law
Posted on February 16, 2011Jeffrey M. Lipshaw (Suffolk University Law School) has posted Metaphors, Models, and Meaning in Contract Law on SSRN. Here is the abstract: Why does there seem to be such a wide gap between the subject matter of the usual first-year...
Taylor on Legal Interpretation
Posted on February 16, 2011George H. Taylor (University of Pittsburgh - School of Law) has posted Legal Interpretation: The Window of the Text as Transparent, Opaque, or Translucent (Nevada Law Review, Vol. 10, p. 700, Summer 2010) on SSRN. Here is the abstract: It...
Waldron on Thoughtfulness & the Rule of Law
Posted on February 15, 2011Jeremy Waldron (New York University (NYU) - School of Law) has posted Thoughtfulness and the Rule of Law on SSRN. Here is the abstract: The rule of law is sometimes associated with the precision and determinacy of legal rules, and...
Halberstam on Global Governance, Institutional Pluralism, & Constitutional Law
Posted on February 15, 2011Daniel Halberstam (University of Michigan Law School) has posted Systems Pluralism and Institutional Pluralism in Constitutional Law: Rethinking National, Supranational, and Global Governance on SSRN. Here is the abstract: This essay responds to the challenge of global governance by rethinking...
Krever on Supiot on Law & the Market
Posted on February 15, 2011Tor Krever (University of Cambridge - Faculty of Law) has posted Calling Power to Reason? (New Left Review, No. 65, 2010) on SSRN. Here is the abstract: Review essay of Alan Supiot's Homo Juridicus: On the Anthropological Function of the...
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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...








