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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.
Jensen on "Of" and "On" in the Constitution
Posted on January 11, 2011Erik M. Jensen (Case Western Reserve University School of Law) has posted Prepositions in the Constitution: Duties of Tonnage and Taxes on Incomes (The Green Bag, Forthcoming) on SSRN. Here is the abstract: To defend the proposition that prepositions matter,...
Hasen on the Antidistortion Rationale & Citizens United
Posted on January 11, 2011Richard L. Hasen (Loyola Law School Los Angeles) has posted Citizens United and the Orphaned Antidistortion Rationale (Georgia State Univeristy Law Review, Forthcoming) on SSRN. Here is the abstract: This brief Essay, written for a symposium in the Georgia State...
Coleman & Sarch on Reactive Attitude Accounts of Blameworthiness
Posted on January 11, 2011Jules L. Coleman (Yale Law School) and Alex Sarch have posted Blameworthiness and the Reactive Attitudes on SSRN. Here is the abstract: This paper replaces the earlier draft of the paper previously entitled,'Blameworthiness and Time'. This essay explores recent efforts...
Eiseman & Skalbeck on Ranking Law School Home Pages
Posted on January 11, 2011Jason Eiseman (Yale University) & Roger V. Skalbeck (Georgetown University Law Center) have posted Top 10 Law School Home Pages of 2010 (GREEN BAG ALMANAC AND READER 2011, pp. 339-366, Ross E. Davies, ed., Green Bag Press, 2011) on SSRN....
Conference Announcement: Deadline Extended for the Harvard-Stanford International Junior Faculty Forum
Posted on January 11, 2011Stanford and Harvard Law Schools will co-sponsor the fourth annual International Junior Faculty Forum. Please note that the submission deadline for abstracts has been extended. Individuals who wish to be considered for participation in the November 2011 conference should submit...
Ronner on Excluding Gays from Adoption
Posted on January 11, 2011Amy Ronner (Saint Thomas University - School of Law) has posted When Courts Let Insane Delusions Pass the Rational Basis Test: The Newest Challenge to Florida's Exclusion of Homosexuals from Adoption (University of Florida Journal of Law & Public Policy,...
Dubber on Legality in American & German Criminal Law
Posted on January 10, 2011Markus D. Dubber (University of Toronto - Faculty of Law) has posted The Legality Principle in American and German Criminal Law: An Essay in Comparative Legal History on SSRN. Here is the abstract: After briefly recounting the (non-) history of...
Herlihy on the Seventh Amendment & Patent Law
Posted on January 10, 2011Eileen M. Herlihy (New England Law) has posted The Ripple Effect of Seventh Amendment Decisions on the Development of Substantive Patent Law (Santa Clara Computer and High Technology Law Journal, Vol. 27, 2011 ) on SSRN. Here is the abstract:...
Yin on Appellate Review in Defamation & False Statement Cases
Posted on January 10, 2011Tung Yin (Lewis & Clark Law School) has posted Independent Appellate Review of Knowledge of Falsity in Defamation and False Statements Cases (Berkeley Journal of Criminal Law, Vol. 15, pp. 330-392, 2011) on SSRN. Here is the abstract: Although we...
Call for Papers: Metaethics Workshop at Buenos Aires
Posted on January 10, 2011Fourth Buenos Aires Metaethics Workshop August 8 to 12, 2011 ceffa.com/bamw.html We are pleased to announce the fourth installment of the Buenos Aires Metaethics Workshop. The Workshop is a space for philosophers from different countries who work in ethics and...
Kuhner on Citizens United
Posted on January 10, 2011Timothy K. Kuhner (University of Navarra - School of Law) has posted Citizens United as Neoliberal Jurisprudence: The Resurgence of Economic Theory (Virginia Journal of Social Policy and the Law, Vol. 18, No. 3, 2011) on SSRN. Here is the...
Weinberger on Enforcing the Bill of Rights
Posted on January 10, 2011Lael Daniel Weinberger (Idaho Supreme Court) has posted Enforcing the Bill of Rights in the United States (JURISPRUDENCE OF LIBERTY, pp. 93-113, Suri Ratnapala, Gabriël A. Moens, eds., LexisNexis, 2011) on SSRN. Here is the abstract: Before the American Civil...
Legal Theory Lexicon: Public and Private Goods
Posted on January 09, 2011Introduction One of the most powerful ideas that legal theory borrows from economics is the idea of a "public good." Sooner or later law students learn that within the framework of contemporary neoclassical economics, the standard line is that public...
Zucca on Monism & Fundamental Rights
Posted on January 08, 2011Lorenzo Zucca (King's College London School of Law) has posted Monism and Fundamental Rights in Europe and Beyond on SSRN. Here is the abstract: Fundamental Rights are increasingly better protected thanks to several different layers of protection afforded by national,...
Legal Theory Bookworm
Posted on January 08, 2011The Legal Theory Bookworm recommends The Offensive Internet: Speech, Privacy, and Reputation, edited by Saul Levmore & Martha C. Nussbaum. Here is a description: The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology...
Download of the Week
Posted on January 08, 2011The Download of the Week is Is the Supreme Court a 'Majoritarian' Institution? by Richard H. Pildes. Here is the abstract: In recent years, a number of scholars have argued that the Supreme Court has always been, and is destined...
Kadens on Fraud in Early English Bankruptcy Proceedings
Posted on January 07, 2011Emily Kadens (University of Texas at Austin - School of Law) has posted The Pitkin Affair: A Study of Fraud in Early English Bankruptcy (American Bankruptcy Law Journal, Vol. 84, p. 483, 2010) on SSRN. Here is the abstract: In...
Entin on Institutional Mechanisms & Political Corruption
Posted on January 07, 2011Jonathan L. Entin (Case Western Reserve University - School of Law) has posted Responding to Political Corruption: Some Institutional Considerations on SSRN. Here is the abstract: This article, written for a conference on "The Scandal of Political Corruption and the...
Horwitz on Religious Truth & the Relationship Between Church and State
Posted on January 07, 2011Paul Horwitz (University of Alabama School of Law) has posted Introduction to The Agnostic Age: Law, Religion, and the Constitution (THE AGNOSTIC AGE: LAW, RELIGION, AND THE CONSTITUTION, Oxford University Press, January 2011) on SSRN. Here is the abstract: This...
Slobogin on the Right to Voice
Posted on January 07, 2011Christopher Slobogin (Vanderbilt Law School) has posted The Right to Voice Reprised (Seton Hall Law Review, Vol. 40, 2010) on SSRN. Here is the abstract: This article appears in a symposium issue of Seton Hall Law Review on courtroom epistemology....
Meier on Tombly, Iqbal, and Pleading Standards
Posted on January 07, 2011Luke Meier (Baylor Law School) has posted Why Twombly is Good Law (But Poorly Drafted) and Iqbal Will Be Overturned on SSRN. Here is the abstract: In the attempt to decipher what is required to plead a claim for relief...
Wolf on Incidental Findings in Neuroscience Research, Bioethics, and Health Law
Posted on January 07, 2011Susan M. Wolf (University of Minnesota Law School) has posted Incidental Findings in Neuroscience Research: A Fundamental Challenge to the Structure of Bioethics and Health Law (OXFORD HANDBOOK OF NEUROETHICS, Judy Illes, Barbara Sahakian, eds., Oxford University Press, 2011) on...
Mandiberg on Reasonable Persons, Miranda, and the Fourth Amendment
Posted on January 06, 2011Susan F. Mandiberg (Lewis & Clark Law School) has posted Reasonable Officers vs. Reasonable Lay Persons in the Supreme Court?s Miranda and Fourth Amendment Cases (Lewis & Clark Law Review, Forthcoming) on SSRN. Here is the abstract: This Article examines...
Gelpern & Gulati on Collective Action Clauses in Sovereign Issued Bonds
Posted on January 06, 2011Anna Gelpern and G. Mitu Gulati (American University Washington College of Law and Duke University - School of Law) have posted Sovereign Snake Oil (Law and Contemporary Problems, Forthcoming) on SSRN. Here is the abstract: Collective Action Clauses (CACs) are...
Pollman on Corporate Personhood
Posted on January 06, 2011Elizabeth Pollman (Stanford Law School) has posted Reconceiving Corporate Personhood on SSRN. Here is the abstract: Why is a corporation a ?person? for purposes of the Constitution? This old question has become new again with public outrage over Citizens United,...
Barak-Erez & Scharia on Freedom of Speech & Support for Terrorism
Posted on January 06, 2011Daphne Barak-Erez and David Scharia (Tel Aviv University - Buchmann Faculty of Law and Counter Terrorism Committee Executive Directorate UN Security Council) have posted Freedom of Speech, Support for Terrorism, and the Challenge of Global Constitutional Law (Harvard National Security...
Drouvelis on Unfair Punishment & Public Goods Games
Posted on January 06, 2011Michalis Drouvelis (University of Birmingham - Department of Economics) has posted The Behavioural Consequences of Unfair Punishment on SSRN. Here is the abstract: Experimental evidence from public good games with punishment suggests that punishment works when subjects assign it fairly...
Anabtawi & Schwarcz on Regulating Systemic Risk
Posted on January 06, 2011Iman Anabtawi and Steven L. Schwarcz (University of California, Los Angeles (UCLA) - School of Law and Duke University - School of Law) have posted Regulating Systemic Risk: Towards an Analytical Framework (Notre Dame Law Review, Vol. 86, No. 4,...
Hasen on the Constitutionality of Lobbying Regulation
Posted on January 05, 2011Richard L. Hasen (Loyola Law School Los Angeles) has posted Lobbying, Rent Seeking, and the Constitution on SSRN. Here is the abstract: Politicians across the political spectrum, from Barack Obama to Sarah Palin and Rand Paul, routinely castigate lobbyists for...
Johnson on Foley on Black-Brown Solidarity
Posted on January 05, 2011Kevin R. Johnson (University of California, Davis - School of Law) has posted Book Review: Quest for Equality: The Failed Promise of Black-Brown Solidarity (Journal of American History (JAH), Vol. 97, No. 3, December 2010) on SSRN. Here is 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
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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...








