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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.
Cain, Lowenstein, and Moore on Disclosing Conflicts
Posted on January 13, 2009Daylian M. Cain , George Loewenstein and Don A. Moore (Yale School of Management , Carnegie Mellon University - Department of Social and Decision Sciences and Carnegie Mellon University - David A. Tepper School of Business) have posted The Dirt...
Franklin on the Roberts Court and Facial verus As-Applied Constitutonal Challenges
Posted on January 13, 2009David L. Franklin (DePaul University - College of Law) has posted Looking Through Both Ends of the Telescope: Facial Challenges and the Roberts Court on SSRN. Here is the abstract: This article explores how the Roberts Court has negotiated the...
Doug Lichtman Interviews Judge Paul Michel
Posted on January 13, 2009Check out the stream or podcast at Doug's "Intellectual Property Colloquium"!
Simon on the Warren Court, Legalism, and Democracy
Posted on January 13, 2009William H. Simon (Stanford Law School) has posted The Warren Court, Legalism and Democracy: Sketch for a Critique in a Style Learned from Morton Horwitz (TRANSFORMATIONS IN AMERICAN LEGAL HISTORY, VOLUME II, Alfred Brophy, Daniel Hamilton, eds., Forthcoming) on SSRN...
Segev on Values & Interests
Posted on January 13, 2009Re'em Segev (Hebrew University of Jerusalem - Faculty of Law) has posted Weighing Values and Balancing Interests (Jerusalem: Israel Democracy Institute, 2008) on SSRN. Here is the abstract: One of the central normative questions regards a decision between conflicting moral...
Perju on the European Court of Justice
Posted on January 13, 2009Vlad Perju (Boston College Law School) has posted Reason and Authority in the European Court of Justice (Virginia Journal of International Law, Vol. 49, No. 2, 2009) on SSRN. Here is the abstract:This Article makes the case for a discursive...
Sokol on International Antitrust Policy under the Obama Administration
Posted on January 12, 2009D. Daniel Sokol (University of Florida - Levin College of Law) has posted Change and Continuity in International Antitrust Under an Obama Administration on SSRN. Here is the abstract: The Obama administration inherits an international antitrust situation that is relatively...
Banakar on Alexy on Legal Argumentation
Posted on January 12, 2009Reza Banakar (University of Westminster - School of Law) has posted Whose Experience is the Measure of Justice? (Legal Ethics, Vol. 10, No. 2) on SSRN. Here is the abstract: This essay consuists of five parts. Part 1 starts by...
Barnett on Lund on Scalia: The Construction Zone and District of Columbia v. Heller
Posted on January 12, 2009Over at the Volokh Conspiracy, Randy Barnett has a post commenting on Nelson Lund's The Second Amendment, Heller, and Originalist Jurisprudence. Both Lund's astute commentary and Barnett's very interesting observations relate to a series of passages in Justice Scalia's Opinion...
Tsesis on Congressional Power & Reconstruction
Posted on January 12, 2009Alexander Tsesis (Loyola University of Chicago - School of Law) has posted Principled Governance: The American Creed and Congressional Authority (Connecticut Law Review, Vol. 41, No. 3, 2009) on SSRN. Here is the abstract: The Supreme Court recently limited Congress's...
Green & Kugler on Perceptions of Theft Seriousness
Posted on January 12, 2009Stuart P. Green and Matthew B. Kugler (Rutgers Law School-Newark and Princeton University - Department of Psychology) have posted Community Perceptions of Theft Seriousness: A Challenge to Model Penal Code and English Theft Act Consolidation on SSRN. Here is the...
Verdonschot on Objective Criteria for Dispute Resolution
Posted on January 12, 2009Jin Ho Verdonschot (Tilburg University - TISCO) has posted Delivering Objective Criteria: Sources of Law and the Relative Value of Neutral Information for Dispute Resolution on SSRN. Here is the abstract: Negotiation theorists recommend that disputants look for objective criteria...
Webber on an Original Constitution
Posted on January 12, 2009Grégoire Webber (McGill University, Centre for Human Rights and Legal Pluralism) has posted What is an Original Constitution? on SSRN. Here is the abstract: This essay seeks to explore originalism as something other than a theory of interpretation. This might...
Legal Theory Lexicon: Contractarianism, Contractualism, and the Social Contract
Posted on January 11, 2009Introduction Some of the key conceptual tools deployed by legal theorists are likely to be familiar to most law students from their undergraduate education. One of these is the notion of the "social contract"--familiar from Hobbes, Locke, and Rousseau...
Corn on Hamdan
Posted on January 10, 2009Geoffrey S. Corn (South Texas College of Law) has posted Viewing Hamdan Through a Military Lens (Oklahoma City University Law Review, Forthcoming) on SSRN. Here is the abstract:The Supreme Court's decision in Hamdan v. Rumsfeld triggered an avalanche of legal...
Legal Theory Bookworm
Posted on January 10, 2009The Legal Theory Bookworm recommends The Law Market by Erin O'Hara & Larry E. Ribstein. Here is a description: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong....
Download of the Week
Posted on January 10, 2009The Download of the Week is 'Ideology in' vs. 'Cultural Cognition of' Law: What Difference Does it Make? by Dan M. Kahan. Here is the abstract: Recent scholarship in law and political science identifies ideology as a major determinant of...
Interdisciplinary Legal Scholarship Today at the AALS
Posted on January 10, 2009I'll be speaking this morning at what promises to be a very interesting session of the Section On Scholarship--9:00 a.m. at the Marriott. The program was inspired by a blog post by Brian Tamanaha: Why the Interdisciplinary Movement in Legal...
"The Construction Zone" at the AALS in San Diego this Morning
Posted on January 09, 2009I'm going to be giving a new paper, "The Construction Zone," at the program of the Section on Interpretation at the AALS this morning. The session starts at 8:30 a.m. Here are the details on the location: Columbia 2, North...
Metcalf & Weisbach on Carbon Tax Design
Posted on January 09, 2009Gilbert E. Metcalf and David A. Weisbach (Tufts University - Department of Economics and University of Chicago - Law School) have posted Design of a Carbon Tax on SSRN. Here is the abstract: We consider the design of a tax...
Kahan on Ideology & Cultural Cognition of Law
Posted on January 09, 2009Dan M. Kahan (Yale University - Law School) has posted 'Ideology in' vs. 'Cultural Cognition of' Law: What Difference Does it Make? on SSRN. Here is the abstract: Recent scholarship in law and political science identifies ideology as a major...
Lund on Heller
Posted on January 09, 2009Nelson Lund (George Mason University School of Law) has posted The Second Amendment, Heller, and Originalist Jurisprudence (UCLA Law Review, Forthcoming) on SSRN. Here is the abstract: District of Columbia v. Heller was a Second Amendment test case, brought by...
Halling on the International Criminal Court & the United States
Posted on January 09, 2009Matt Halling (University of California, San Francisco - Hastings College of the Law) has posted Consensus in the Shadows: American Engagement with the International Criminal Court on SSRN. Here is the abstract: This paper clarifies and evaluates the current United...
Motomura on Immigration Outside the Law
Posted on January 09, 2009Hiroshi Motomura (University of California, Los Angeles, School of Law) has posted Immigration Outside the Law (Columbia Law Review, Vol. 108, No. 08, 2008) on SSRN. Here is the abstract: In current debates about undocumented or illegal immigration, three themes...
New Dean At Illinois
Posted on January 09, 2009Here is the official announcement: Bruce P. Smith, a noted legal historian and award-winning University of Illinois law professor, has been named Dean of the College of Law, pending approval by U. of I. trustees at their Jan. 15 meeting...
Thomas on Dispositive Procedure
Posted on January 08, 2009Suja A. Thomas (University of Illinois College of Law) has posted The Fallacy of Dispositive Procedure (Boston College Law Review, Vol. 50, 2009) on SSRN. Here is the abstract: I have another seemingly heretical proposition - that dispositive procedure is...
Clermont on Standards of Proof
Posted on January 08, 2009Kevin M. Clermont (Cornell University - School of Law) has posted Standards of Proof Revisited on SSRN. Here is the abstract: This essay focuses not on how factfinders process evidence but on how they apply the specified standard of proof...
Green & Kalev on Discrimination in Social Relations
Posted on January 08, 2009Tristin Green and Alexandra Kalev (Seton Hall University - School of Law) have posted Discrimination-Reducing Measures at the Relational Level (Hastings Law Journal, Vol. 59, p. 1435, 2008) on SSRN. Here is the abstract: Social scientists have shown that bias...
Webber on Constituting Rights by Limitation
Posted on January 08, 2009Grégoire Webber (McGill University, Centre for Human Rights and Legal Pluralism) has posted Constituting Rights by Limitation on SSRN. Here is the abstract: This draft chapter, part of a forthcoming manuscript on the limitation of rights, argues that rights are...
Banakar on the Politics of Legal Cultures
Posted on January 08, 2009Reza Banakar (University of Westminster - School of Law) has posted The Politics of Legal Cultures (Retfærd: The Nordic Journal of Law and Justice, Forthcoming) on SSRN. Here is the abstract: Sociology and anthropology of law were partly developed from...
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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...
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