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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.
Casebeer on the Constitutional Economcy of Liberty & Race
Posted on November 24, 2008Kenneth M. Casebeer (University of Miami - School of Law) has posted Memory Lost: Brown v. Board and the Constitutional Economy of Liberty and Race on SSRN. Here is the abstract: This article shows how race impacts the concept of...
Swedloff on Bronsteen, Buccafusco, & Masur on Happiness & Settlement
Posted on November 24, 2008Rick Swedloff (Rutgers School of Law - Camden) has posted Accounting for Happiness in Civil Settlements (Columbia Law Review Sidenote, Vol. 108, pp. 39-49) on SSRN. Here is the abstract: In Hedonic Adaptation and the Settlement of Civil Lawsuits, John...
Roe on Juries & Legal Origin
Posted on November 24, 2008Mark J. Roe (Harvard Law School) has posted Juries and the Political Economy of Legal Origin on SSRN. Here is the abstract: Legal origin has been brought forward as a key influence on modern finance, because common law institutions protect...
Sarkin on the Emergence of International Human Rights Law
Posted on November 24, 2008Jeremy J. Sarkin (Hofstra University School of Law) has posted The Historical Origins, Convergence and Interrelationship of International Human Rights Law, International Humanitarian Law, International Criminal Law and Public International Law and Their Application from at Least the Nineteenth Century...
Anderson on Human Rights in El Salvador
Posted on November 24, 2008Kenneth Anderson (Washington College of Law, American University) has posted Action Specific Human Rights Legislation for El Salvador (Harvard Journal on Legislation, Vol. 22, No. 1, 1985) on SSRN. Here is the abstract: This law journal note dating from the...
Legal Theory Lexicon: Vagueness and Ambiguity
Posted on November 23, 2008Introduction This week the Legal Theory Lexicon entry focuses on "ambiguity" and "vagueness"--two important concepts for the theory of interpretation. Some legal texts are ambiguous--they can have two or more distinct meanings. And some legal texts are vague--they use concepts...
Legal Theory Bookworm
Posted on November 22, 2008The Legal Theory Bookworm recommends Judgment Calls: Principle and Politics in Constitutional Law by Daniel A. Farber & Suzanna Sherry. Here is a description: Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How...
Download of the Week
Posted on November 22, 2008The Download of the Week is Mistake of Fact or Mistake of Criminal Law? Explaining and Defending the Distinction by Kenneth W. Simons. Here is the abstract: This article makes six points. First, under any plausible normative perspective, the distinction...
Reed on Online Personalities
Posted on November 21, 2008Chris Reed (University of London - Queen Mary) has posted Why Must You Be Mean to Me? - Crime, Punishment and Online Personality on SSRN. Here is the abstract: The development of online social spaces such as YouTube, MySpace and...
Skinner on Jurisdiction & Sosa v. Alvarez-Machain
Posted on November 21, 2008Gwynne Skinner (Willamette University - College of Law) has posted Federal Jurisdiction Over U.S. Citizens' Claims for Violations of the Law of Nations in Light of Sosa (Georgia Journal of International and Comparative Law, Vol. 37, 2008) on SSRN. Here...
Carbonara, Luppi, & Parisi on Territorial Scope
Posted on November 21, 2008Emanuela Carbonara , Barbara Luppi and Francesco Parisi (University of Bologna - Department of Economics , Università degli studi di Modena e Reggio Emilia - Dipartimento di Economia Politica and University of Minnesota - Law School) have posted Optimal Territorial...
Johnson on Domestic Violence Law
Posted on November 21, 2008Margaret Ellen Johnson (University of Baltimore - School of Law) has posted Redefining Harm, Reimagining Remedies and Reclaiming Domestic Violence Law (UC Davis Law Review, Forthcoming) on SSRN. Here is the abstract: Women subjected to domestic violence are disserved by...
Bandes on Emotion & the Death Penalty
Posted on November 21, 2008Susan A. Bandes (DePaul University - College of Law) has posted Repellent Crimes and Rational Deliberation: Emotion and the Death Penalty Vermont Law Review, Vol. 33, No. 3, 2009 It is often assumed that the anger, outrage and other strong...
Aroney on Free Speech in Australia
Posted on November 21, 2008Nicholas Aroney (University of Queensland - TC Beirne School of Law) has posted A Seductive Plausibility: Freedom of Speech in the Constitution (University of Queensland Law Journal , Vol. 12, No. 2, pp. 249-274, 1995) on SSRN. Here is the...
Perry on Constitutional Rights & Moral Controversy
Posted on November 20, 2008Michael J. Perry (Emory University School of Law) has posted Constitutional Rights, Moral Controversy, and the Supreme Court on SSRN. Here is the abstract: In my new book--Constitutional Rights, Moral Controversy, and the Supreme Court (Cambridge Univ...
Lipshaw on Gilson on Lawyer Value Creation
Posted on November 20, 2008Jeffrey M. Lipshaw (Suffolk University Law School) has posted Beetles, Frogs, and Lawyers: The Scientific Demarcation Problem in the Gilson Theory of Value Creation on SSRN. Here is the abstract: Recently, Ronald Gilson described a transactional lawyer turned law professor...
Schwarcz on Securitization
Posted on November 20, 2008Steven L. Schwarcz (Duke University - School of Law) has posted The Future of Securitization on SSRN. Here is the abstract: This essay examines the future viability of securitization in light of its causal involvement in the subprime-mortgage financial crisis...
Symposium on Judicial Accountability
Posted on November 20, 2008Check out the interesting symposium on judicial accountability in the University of Denver Law Review. Here's the link: http://www.law.du.edu/index.php/denver-university-law-review
Simons on Mistakes in Criminal Law
Posted on November 20, 2008Kenneth W. Simons (Boston University - School of Law) has posted Mistake of Fact or Mistake of Criminal Law? Explaining and Defending the Distinction (Forthcoming 2009, Volume 3, Criminal Law and Philosophy) on SSRN. Here is the abstract: This article...
Thoms, Ron, & Paris on Transitional Justice
Posted on November 20, 2008Oskar N.T. Thoms , James Ron and Roland Paris (Centre for International Policy Studies, University of Ottawa , Norman Paterson School of International Affairs and University of Ottawa) has posted Does Transitional Justice Work? Perspectives from Empirical Social Science on...
Peerenboom & Chen on the Rule of Law in Taiwan & China
Posted on November 20, 2008Randall Peerenboom and Weitseng Chen (La Trobe University - Faculty of Law and Managemen) have posted Development of Rule of Law: A Comparison of Taiwan and China (POLITICAL CHANGE IN CHINA AND THE TAIWAN EXPERIENCE) on SSRN. Here is the...
Baines on Feminists & Secular Citizenship
Posted on November 20, 2008Beverley Baines (Queen's University - Faculty of Law) has posted Must Feminists Identify as Secular Citizens? Lessons from Ontario (GENDER EQUALITY: DIMENSIONS OF WOMEN'S EQUAL CITIZENSHIP, Linda C. McClain, Joanna L. Grossman, eds., Cambridge University Press, 2009) on SSRN...
Solomon on Tort Theory
Posted on November 19, 2008Jason M. Solomon (University of Georgia Law School) has posted Equal Accountability Through Tort Law (Northwestern University Law Review, Vol. 103, 2009) on SSRN. Here is the abstract: The traditional conception of tort law as individual justice has been revived...
Paulsen on Interpretive Rules in the Constitution
Posted on November 19, 2008Michael Stokes Paulsen (University of St. Thomas School of Law) has posted Does the Constitution Prescribe Rules for its Own Interpretation? (Northwestern University Law Review, 2009) on SSRN. Here is the abstract: It is frequently assumed that the Constitution specifies...
Bagenstos on Individuals with Disabilities Education Act Litigation
Posted on November 19, 2008Samuel R. Bagenstos (Washington University School of Law) has posted Where Have All the Lawsuits Gone? The Shockingly Small Role of the Courts in Implementing the Individuals with Disabilities Education Act on SSRN. Here is the abstract: The Individuals with...
Benjamin & Young on Administrative Federalism
Posted on November 19, 2008Stuart Minor Benjamin and Ernest Young (Duke University School of Law and University of Texas at Austin - School of Law) have posted Tennis with the Net Down: Administrative Federalism Without Congress (Duke Law Journal, Vol. 57, No. 7, 2008)...
Peerenboom on Regulation in Asia
Posted on November 19, 2008Randall Peerenboom (La Trobe University - Faculty of Law and Management) has posted Pushing Back on Globalization: An Introduction to Regulation in Asia (John Gillespie and Randall Peerenboom, PUSHING BACK ON GLOBALIZATION: AN INTRODUCTION TO REGULATION IN ASIA, in REGULATION...
Berg on Religious Organizational Freedom
Posted on November 19, 2008Thomas Berg (University of St. Thomas, St. Paul/Minneapolis, MN - School of Law) has posted Religious Organizational Freedom and Conditions on Government Benefits (Georgetown Journal of Law & Public Policy, 2009) on SSRN. Here is the abstract: More and more...
Call for Papers: Comparative Law at Princeton
Posted on November 19, 2008CALL FOR PAPERS Fourth Annual Comparative Law Works in Progress Workshop February 6-7, 2009 Held at Princeton University Sponsored by: American Society of Comparative Law University of Michigan Law School University of Illinois College of Law Princeton University, Program for...
Wuerth on Texas v. Medellin
Posted on November 18, 2008Ingrid B. Wuerth (Vanderbilt University Law School) has posted Medellin: The New, New Formalism? (Lewis & Clark Law Review, Vol. 13, 2008) on SSRN. Here is the abstract: The Supreme Court's 2008 decision in Texas v. Medellin appears to represent...
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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...








