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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.
Conference Announcement: Law & the Brain in New York
Posted on January 17, 2011A conference entitled Law & the Brain: How Recent Advances in Neuroscience Impact the Law" will be held on March 15-16, 2011 in New York City. Click on the link for complete details on the outstanding lineup.
Conference Announcement: Liberalism, Constitutionalism, & Christianity at Campbell
Posted on January 17, 2011The Campbell Law Review presents its annual 2011 symposium: Liberalism, Constitutionalism, and Christianity: Perspectives on the Influence of Christianity on Classical Liberal Legal Thought. The conference will consider the relationship between liberalism and Christianity and their influence on American constitutionalism...
Schauer on Virtue Jurisprudence & Particularism
Posted on January 17, 2011Frederick Schauer (University of Virginia School of Law) has posted Must Virtue Be Particular? (LAW, VIRTUE & JUSTICE, A. Amaya, H. L. Ho, eds., Oxford, Hart Publishing, 2010) on SSRN. Here is the abstract: A resurgence of interest in virtue...
Pozen on Stevens on Judgment
Posted on January 17, 2011David Pozen has posted Justice Stevens and the Obligations of Judgment (Loyola of Los Angeles Law Review, Vol. 44, No. 3, p. 101, 2011) on SSRN. Here is the abstract: How to sum up a corpus of opinions that spans...
Gardner & Rossi on State Constitutional Law
Posted on January 17, 2011James A. Gardner and Jim Rossi (University at Buffalo Law School, SUNY and Florida State University - College of Law) have posted Dual Enforcement of Constitutional Norms (NEW FRONTIERS OF STATE CONSTITUTIONAL LAW, Oxford University Press, 2011) on SSRN...
Weill on the Israeli Case for Judicial Review
Posted on January 17, 2011Rivka Weill (Radzyner School of Law - Interdisciplinary Center) has posted The Israeli Case for Judicial Review and Why Should We Care on SSRN. Here is the abstract: Fifteen years after the Israeli Supreme Court decided in Mizrahi that Israel's...
Legal Theory Lexicon: Textualism
Posted on January 16, 2011Introduction One of the most important topics in legal theory is ?legal interpretation,? the theory of the derivation of meaning from legal texts. Of course, legal interpretation is a very large topic, with several different dimensions and approaches...
Kovarovic on the Ticking Time Bomb & Torture
Posted on January 15, 2011Kate Kovarovic (American University - Washington College of Law) has posted Our ?Jack Bauer? Culture: Eliminating the Ticking Time Bomb Exception to Torture (Florida Journal of International Law, Vol. 22, No. 2, 2010) on SSRN. Here is the abstract: After...
Legal Theory Bookworm
Posted on January 15, 2011The Legal Theory Bookworm recommends Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms by Judith Resnik & Dennis Curtis on SSRN. Here is a description: By mapping the remarkable run of the icon of Justice, a woman...
Download of the Week
Posted on January 15, 2011The Download of the Week is Picking an Unsettled Brain: The Role of Cognitive Complexity in Ideological Drift on the United States Supreme Court by Ryan J. Owens and Justin Wedeking. Here is the abstract: We examine whether policymakers can...
Symeonides on Choice of Law in 2010
Posted on January 14, 2011Symeon C. Symeonides (Willamette University - College of Law) has posted Choice of Law in the American Courts in 2010: Twenty-Fourth Annual Survey (American Journal of Comparative Law, Vol. 59, 2011) on SSRN. Here is the abstract: This is the...
Bruner on Good Faith & Lyondell Chemical Company v. Ryan
Posted on January 14, 2011Christopher M. Bruner (Washington and Lee University - School of Law) has posted Good Faith in Revlon-Land (New York Law School Law Review, Vol. 55, 2010/11) on SSRN. Here is the abstract: The Delaware Supreme Court has set a very...
Hamilton on Immature Citizens
Posted on January 14, 2011Vivian Eulalia Hamilton (William & Mary Law School) has posted Immature Citizens and the State (Brigham Young University Law Review, Forthcoming) on SSRN. Here is the abstract: Citizens are born, but they are also made. How its citizens come to...
Conkle on Locke & Religious Liberty
Posted on January 14, 2011Daniel O. Conkle (Indiana University School of Law-Bloomington) has posted Religious Truth, Pluralism, and Secularization: The Shaking Foundations of American Religious Liberty (Cardozo Law Review, Vol. 32, 2011) on SSRN. Here is the abstract: In this Essay, I recount John...
Motro on the Legal Consequences of Sex that Results in Pregnancy
Posted on January 14, 2011Shari Motro (University of Richmond - School of Law) has posted The Price of Pleasure (Northwestern University Law Review, Vol. 104, No. 3, 2010) on SSRN. Here is the abstract: Condoms break. Diaphragms malfunction. Even hormonal contraceptives aren?t 100% effective...
Cousins on Political Mobilization of the Irish Poor in the 19th Century
Posted on January 14, 2011Mel Cousins (Glasgow Caledonian University) posted Collective Action and the Poor Law: The Political Mobilisation of the Irish Poor, 1851?1878 (RIOTOUS ASSEMBLIES: REBELS, RIOTS AND REVOLTS IN IRELAND, W. Sheehan and M. Cronin, eds., Mercier, 2011) on SSRN...
Seymore on Atypical Inventions
Posted on January 14, 2011Sean B. Seymore (Vanderbilt Law School) has posted Atypical Inventions (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: Patent law is constantly evolving to accommodate advances in science and technology. But, for a variety of reasons, some...
Pino on MacCormick's Theory of Legal Reasoning
Posted on January 13, 2011Giorgio Pino (University of Palermo - School of Law - Dipartimento di Studi su Politica Diritto e Società) has posted Neil MacCormick on Interpretation, Defeasibility, and the Rule of Law on SSRN. Here is the abstract: The paper examines and...
Slobogin on the Fourth Amendment & Technology
Posted on January 13, 2011Christopher Slobogin (Vanderbilt Law School) has posted Is the Fourth Amendment Relevant in a Technological Age? on SSRN. Here is the abstract: This work will be a chapter in a forthcoming book in The Future of the Constitution series, edited...
Tushnet on Constitutional Scholarship Fifty Years Ago
Posted on January 13, 2011Mark Tushnet (Harvard Law School) has posted Harry Kalven and Kenneth Karst in the Supreme Court Review: Reflections after Fifty Years on SSRN. Here is the abstract: This Essay, written for the fiftieth anniversary volume of the Supreme Court Review,...
Vollaard on Incapacitation Effects of Sentencing Enhancements for Frequent Offenders
Posted on January 13, 2011Ben Vollaard (Tilburg University) has posted Preventing Crime Through Selective Incapacitation on SSRN. Here is the abstract: Making the length of a prison sentence conditional on an individual?s offense history is shown to be a powerful way of preventing crime...
Kovarovic on Intent, Incitement, & Genocide
Posted on January 13, 2011Kate Kovarovic (American University - Washington College of Law) has posted One Spark Can Set a Fire: The Role of Intent in Incitement to Genocide on SSRN. Here is the abstract: The world was introduced to an entirely new method...
Abrams on the Reasonable Observer Standard in Establishment Clause Cases
Posted on January 13, 2011Paula L. Abrams (Lewis & Clark Law School) has posted The Reasonable Believer: Faith, Formalism, and Endorsement of Religion on SSRN. Here is the abstract: The reasonable observer standard, used in Establishment Clause cases to determine whether government action endorses...
Rosenthal on Digital Preemption of Violations of Law
Posted on January 12, 2011Daniel Rosenthal (Harvard Law School) has posted Assessing Digital Preemption (and the Future of Law Enforcement?) (New Criminal Law Review, Forthcoming Fall 2011) on SSRN. Here is the abstract: Like "child-safe" toys, modern technological tools can be designed to prevent...
Hemphill & Lemley on the 180 Day Exclusivity Period for Generic Drugs
Posted on January 12, 2011C. Scott Hemphill and Mark A. Lemley (Columbia University - Law School and Stanford Law School) have posted Earning Exclusivity: Generic Drug Incentives and the Hatch-Waxman Act on SSRN. Here is the abstract: ?Reverse? or ?exclusion? payments to settle pharmaceutical...
Pino on Shapiro on Legality
Posted on January 12, 2011Giorgio Pino (University of Palermo - School of Law - Dipartimento di Studi su Politica Diritto e Società) has posted ?What?s the Plan?? On Interpretation and Meta-Interpretation in Scott Shapiro?s 'Legality' on SSRN. Here is the abstract: The aim of...
Bradley & Gulati on Customary International Law & Withdrawal Rights
Posted on January 12, 2011Curtis A. Bradley and G. Mitu Gulati (Duke University - School of Law and Duke University - School of Law) have posted Customary International Law and Withdrawal Rights in an Age of Treaties (Duke Journal of Comparative & International Law,...
Zick on the Trans-Border First Amendment
Posted on January 12, 2011Timothy Zick (William & Mary Law School) has posted The First Amendment in Trans-Border Perspective: Toward a More Cosmopolitan Orientation (Boston College Law Review, Forthcoming) on SSRN. Here is the abstract: This Article examines the First Amendment?s critical trans-border dimension...
Owens & Wedeking on Predicting Ideological Drift of Supreme Court Justices
Posted on January 12, 2011Ryan J. Owens and Justin Wedeking (Harvard University and University of Kentucky - Dept. of Political Science) have posted Picking an Unsettled Brain: The Role of Cognitive Complexity in Ideological Drift on the United States Supreme Court on SSRN. Here...
Turner on Degrees of Property
Posted on January 11, 2011Peter G. Turner (Faculty of Law, Cambridge) has posted Degrees of Property on SSRN. Here is the abstract: Navigating a way through a complex idea such as property can be tricky. What guides do we have? Jeremy Bentham showed the...
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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...








