(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
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.
Phull & Crosby on Constitutional Entrenchment of Social & Economic RIghts in Canada & India
Posted on January 14, 2010Chetan Phull and Dylan Crosby (Queen's University - Faculty of Law and Queen's University - Faculty of Law) have posted Toward Constitutional Entrenchment of Property Rights, Cultural Rights and a Right to Education: India?s Experience Considered in Canada on SSRN...
Wilson on Police Lies
Posted on January 14, 2010Melanie D. Wilson (University of Kansas - School of Law) has posted Judging Police Lies: An Empirical Perspective on SSRN. Here is the abstract: This article presents findings from an empirical study of judicial orders in one Midwestern federal district...
Bix on Austin & the Practice & Perception of Law
Posted on January 14, 2010Brian Bix (University of Minnesota Law School) has posted John Austin and Constructing Theories of Law (Minnesota Legal Studies Research) on SSRN. Here is the abstract: This paper was presented at the Conference, "John Austin and His Legacy," held at...
Bellamy on Democracy & the EU
Posted on January 14, 2010Richard Bellamy (University College London - Department of Political Science) has posted Democracy Without Democracy? Can the EU's Democratic 'Outputs' be Separated from the Democratic 'Inputs' Provided by Competitive Parties and Majority Rule? (Journal of European Public Policy, Vol...
Program Announcement: Doctoral Program in Law at the European University Institute
Posted on January 14, 2010The European University Institute in Fiesole, Italy, has asked me to post an announcement regarding their doctoral program in law: Doctoral Programme The Department of Law (LAW) offers a programme leading to the Doctorate in Law. For the general rules...
Brown on the Public Company Accounting Oversight Board & Separation of Powers
Posted on January 14, 2010Kimberly N. Brown (University of Baltimore School of Law) has posted Presidential Control of the Elite ?Non-Agency? (North Carolina Law Review, Vol. 88, 2009) on SSRN. Here is the abstract: This article examines the constitutionality of legislation creating a new...
Smith on Koppelman on Balkin on Originalism & Living Constitutionalism
Posted on January 14, 2010Steven Douglas Smith (University of San Diego School of Law) has posted Originalism and the (Merely) Human Constitution (Constitutional Commentary, Forthcoming) on SSRN. Here is the abstract: This brief essay, written by invitation as a comment on an essay by...
Graber on the Interpretation-Construction Distinction Panel at the AALS
Posted on January 13, 2010Mark Graber has a very nice Balkinization post on the AALS Constitutional Law Section's program on this past Saturday, but I want to comment on his central thesis: A large number of any interpretation/construction distinctions exist. Commentators easily slip from...
Lee on Technological Fair Use
Posted on January 13, 2010Edward Lee (Ohio State University - Michael E. Moritz College of Law) has posted Technological Fair Use (Southern California Law Review, Forthcoming) on SSRN. Here is the abstract: The Article proposes a framework tailoring fair use specifically for technology cases...
Call for Papers: Empirical Legal Studies at Yale
Posted on January 13, 2010CALL FOR PAPERS: FIFTH ANNUAL CONFERENCE ON EMPIRICAL LEGAL STUDIES AT YALE LAW SCHOOL November 5-6, 2010 The Conference on Empirical Legal Studies 2010 of the Society for Empirical Legal Studies (SELS) will be held at the Yale Law School,...
Oman on the Irrelevance of Legal Substance
Posted on January 13, 2010Check out this post by Nate Oman. Here is a taste: Legal intellectuals are largely focused on regulating transactional structures or the governance of financial institutions. In other words, we are looking at the sorts of things that we are...
Workshop Announcement: Conducting Empirical Scholarship at Northwestern
Posted on January 13, 2010The upcoming Conducting Empirical Legal Scholarship Workshop presented by Northwestern University School of Law and Washington University School of Law, will take place May 24-26, 2010, at Northwestern University School of Law in Chicago. The Conducting Empirical Legal Scholarship workshop...
Link Fixed
Posted on January 13, 2010Yesterday, I posted on Lynn C. Percival's Bivens Gone Wild: A Critique of the Recent Recognition of a Novel Bivens Remedy in Padilla v. Yoo. The link was broken & now has been fixed.
Samuelson on the Google Book Search Deal
Posted on January 13, 2010Pamela Samuelson (UC Berkeley School of Law) has posted Google Book Search and the Future of Books in Cyberspace (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: The Google Book Search (GBS) initiative once promised to test the...
Johnson on the Injunction in the CERN LHC Case & the End of the World
Posted on January 13, 2010Eric E. Johnson (University of North Dakota School of Law) has posted The Black Hole Case: The Injunction Against the End of the World (Tennessee Law Review, Vol. 76, No. 4, pp. 819-908, 2009) on SSRN. Here is the abstract:...
More on the AALS Panel on the Interpretation-Construction Distinction
Posted on January 13, 2010Last week in New Orleans, I participated in a panel on the interpretation-construction distinction. Mark Graber added some very interesting comments on Balkinization, to which I replied. Randy Barnett has now added some remarks on the Volokh Conspiracy...
Smith on Vining
Posted on January 13, 2010Steven Douglas Smith (University of San Diego School of Law) has posted Persons All the Way Up (Villanova Law Review, Forthcoming) on SSRN. Here is the abstract: This essay, written for the 2009 John F. Scarpa Conference at Villanova focusing...
Abel on Language Access in State Courts
Posted on January 13, 2010Laura Abel (Brennan Center for Justice at NYU School of Law) has posted Language Access in State Courts on SSRN. Here is the abstract: Almost 25 million people in the U.S. have limited proficiency in English (LEP), meaning that they...
Hasen on Elmendorf on Hasen on the Democracy Canon
Posted on January 12, 2010Richard L. Hasen (Loyola Law School Los Angeles) has posted The Benefits of the Democracy Canon and the Virtues of Simplicity: A Reply to Professor Elmendorf (Cornell Law Review, Vol. 95, 2010) on SSRN. Here is the abstract: In a...
Dubber on Commonwealth v. Keller
Posted on January 12, 2010Markus D. Dubber (University of Toronto - Faculty of Law) has posted Commonwealth v. Keller: The Irrelevance of the Legality Principle in American Criminal Law on SSRN. Here is the abstract: Commonwealth v. Keller, 35 Pa. D. & C.2d 615...
Percival on Padilla v. Yoo
Posted on January 12, 2010Lynn C. Percival IV (Campbell University School of Law) has posted Bivens Gone Wild: A Critique of the Recent Recognition of a Novel Bivens Remedy in Padilla v. Yoo on SSRN. Here is the abstract: This short paper considers the...
Mutua on Dudziak on Marshall in Africa
Posted on January 12, 2010Makau W. Mutua (University at Buffalo Law School, SUNY) has posted (Book Review) Exporting American Dreams: Thurgood Marshall?s African Journey by Mary L. Dudziak (Human Rights Quarterly, Vol. 31, pp. 1146-1155, 2009) on SSRN. Here is the abstract: This review...
Ronen on International Criminal Court Jurisdiction over the Gaza Strip
Posted on January 12, 2010Yael Ronen (Minerva Center, Faculty of Law, Hebrew University of Jerusalem) has posted ICC Jurisdiction Over Acts Committed in the Gaza Strip: Article 12(3) of the ICC Statute and Non-State Entities (Journal of International Criminal Justice, Vol. 7, No...
Finkelman on Hoffer, Hoffer, and Hoffer & Powe on the History of the Supreme Court
Posted on January 12, 2010Paul Finkelman (Albany Law School - Government Law Center) has posted The Constitution, the Supreme Court, and History (Texas Law Review, Vol. 88, No. 2, 2009) on SSRN. Here is the abstract: This article is a book review of The...
Stein on the Conveniton on the Rights of Persons with Disabilities
Posted on January 12, 2010Michael Stein (William & Mary Law School) has posted Monitoring the Convention on the Rights of Persons with Disabilities: Innovations, Lost Opportunities, and Future Potential (Human Rights Quarterly, Vol. 31, 2010) on SSRN. Here is the abstract: As the first...
Walen on Constitutional Rights for Nonresident Aliens
Posted on January 11, 2010Alec D. Walen (Institute for Philosophy and Public Policy) has posted Constitutional Rights for Nonresident Aliens (Philosophy and Public Policy Quarterly, Vol. 29, No. 3/4, Summer/Fall 2009) on SSRN. Here is the abstract: I argue that nonresident aliens, in places...
Steilen on Minimalism & Democrary
Posted on January 11, 2010Matthew Steilen has posted Minimalism and Deliberative Democracy: A Closer Look at the Virtues of "Shallowness" (Seattle University Law Review, Vol. 33, 2010) on SSRN. Here is the abstract: Cass Sunstein has long argued that judicial minimalism promotes democracy...
Heller on Schmitt & Nuremberg
Posted on January 11, 2010Check out Kevin Jon Heller's Carl Schmitt's Nuremberg Near Miss by Kevin Jon Heller on Opinio Juris. Here is a taste: I am particularly fascinated by how close Carl Schmitt, the political theorist who has influenced both the right and...
Schwartzman on Public Reason
Posted on January 11, 2010Micah Schwartzman (University of Virginia School of Law) has posted The Sincerity of Public Reason (Journal of Political Philosophy, Forthcoming) on SSRN. Here is the abstract: An important objection to the idea of public reason is that it permits and...
Kuo on Constitutional Nomos & Political Ordering
Posted on January 11, 2010Ming-Sung Kuo (Yale University - Law School) has posted Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering (Ratio Juris, Forthcoming) on SSRN. Here is the abstract: Drawing upon Hannah Arendt?s and Carl Schmitt?s theories on the relationship...
Previous | Next
Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07)
The following is the latest update from AILF regarding its pening ...
The Immigrant Legal Resource Center Legislative Forecast
The ILRC Forecast on Immigration ReformJudith Golub, Executive Dir...
The Christian Legal Society and "discrimation": Response to Susan
In response to Susan's post, I'm inclined to think that, yes, the ...
Stacy Scnheider Legal Commentator Apprentice
New Jersey Legal Update - Podcast # 57
This week's New Jersey Legal Update podcast will address federal l...
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Legal Forms
Business and Commercial Legal Forms
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Law & Order Depicts Police Procedures and Criminal Justice
Accuracy of Criminal Justice Depiction on Television
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...








