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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.
Legal Theory Bookworm
Posted on October 02, 2010The Legal Theory Bookworm recommends Limits of Legality: The Ethics of Lawless Judging by Jeffrey Brand-Ballard. Here is a description: Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable...
Download of the Week
Posted on October 02, 2010The Download of the Week is Samuel Freeman's review of Amartya Sen's The Idea of Justice (available on the New York Review of Book's website--subscription required) Here is a taste: To contend that there is no need for ideal theory...
Samuelson on the Google Book Settlement
Posted on October 01, 2010Pamela Samuelson (University of California, Berkeley - School of Law) has posted The Google Book Settlement as Copyright Reform (Wisconsin Law Review, Forthcoming) on SSRN. Here is the abstract: An intriguing way to view the proposed settlement of the copyright...
Hughes on Geographic Indications & Developing Countries
Posted on October 01, 2010Justin Hughes (Benjamin N. Cardozo School of Law) has posted Coffee and Chocolate ? Can We Help Developing Country Farmers Through Geographical Indications? on SSRN. Here is the abstract: Despite extensive provisions for their protection in the TRIPS Agreement, ?geographical...
Radsan on Bush & Obama's Terrorism Policy's and Jackson's Steel Seizure Opinion
Posted on October 01, 2010Afsheen John Radsan (William Mitchell College of Law) has posted Bush and Obama Fight Terrorists Outside Justice Jackson?s Twilight Zone (Constitutional Commentary, Vol. 26, p. 551, 2010) on SSRN. Here is the abstract: To explain the differences in how George...
Schmitt on Investigating International Law Violations During Armed Conflict
Posted on October 01, 2010Michael N. Schmitt (Durham University Law School, UK) has posted Investigating Violations of International Law in Armed Conflict (Harvard National Security Journal, Vol. 2, 2010) on SSRN. Here is the abstract: The article examines the standards applicable to investigations of...
Gray & Olive on Graham v. Florida, Moral Realism, and Originalism
Posted on October 01, 2010David C. Gray and Jessica M Olive (University of Maryland - School of Law and University of Maryland School of Law) have posted A Modest Appeal for Decent Respect (Federal Sentencing Reporter, Vol. 23, No. 1, p. 72, October 2010)...
Book Announcement: The Statehood of Palestine by Quigley
Posted on October 01, 2010The Statehood of Palestine: International Law in the Middle East Conflict John Quigley Ohio State University School of Law Palestine as a territorial entity has experienced a curious history. Until World War I, Palestine was part of the sprawling Ottoman...
Ides on Proportional Representation in California
Posted on October 01, 2010Allan Ides (Loyola Law School Los Angeles) has posted Approximating Democracy: A Proposal for Proportional Representation in the California Legislature on SSRN. Here is the abstract: The State of California elects a bicameral legislature through a first-past-the-post electoral system...
Heymann on Beebe on IP & Sumptuary Laws (Updated: And Collins on Beebe)
Posted on September 30, 2010Check Laura Heymann's review of Barton Beebe, Intellectual Property and the Sumptuary Code, 123 Harv. L. Rev 810 (2010) on Jotwell.Update: And Kevin Collins also has a Jotwell review.
Freeman on Sen on Justice
Posted on September 30, 2010Samuel Freeman's review of Amartya Sen's The Idea of Justice is available on the New York Review of Book's website--subscription required. This is a must read if you are interested in distributive justice.
Bilder on Hamburger on Judicial Review
Posted on September 30, 2010Mary Sarah Bilder (Boston College - Law School) has posted Expounding the Law (George Washington Law Review, Vol. 78, No. 6, 2010) on SSRN. Here is the abstract: Written as a comment on Philip Hamburger's book, Law and Judicial Duty,...
Mac Amhlaigh on Panu on Power and Law
Posted on September 30, 2010Cormac S. Mac Amhlaigh (University of Edinburgh - School of Law) has posted Book Review: Panu Minkkinen Sovereignty, Knowledge, Law on SSRN. Here is the abstract: This Working Paper is a review of Panu Minkkinen's 'Sovereignty, Knowledge, Law' (Abingdon: Routledge,...
Ginsburg, Melton, & Elkins on Evasion of Executive Term Limits
Posted on September 30, 2010Tom Ginsburg , James Melton and Zachary Elkins (University of Chicago Law School, IMT Lucca Institute for Advanced Studies, and University of Texas at Austin) have posted On the Evasion of Executive Term Limits (William and Mary Law Review, Forthcoming)...
May on Constitutional Theory & Environmental Protection
Posted on September 30, 2010James May (Widener University - School of Law) has posted New and Emerging Constitutional Theories and the Future of Environmental Protection (Environmental Law Reporter, Vol. 40, 2010) on SSRN. Here is the abstract: This paper is adapted from remarks at...
Conference Announcement: Sandel's "Justice: What's the Right Thing To Do?" at Boston University
Posted on September 30, 2010Boston University School of Law is pleased to announce the Annual Distinguished Lecture Justice: What?s the Right Thing To Do? A Public Lecture and Symposium on Michael J. Sandel?s Recent Book October 14, 2010 Boston University School of Law Public...
Berman on Legal Pluralism & Normative Legal Theory
Posted on September 30, 2010Paul Schiff Berman (Sandra Day O'Connor College of Law, Arizona State University) has posted Towards a Jurisprudence of Hybridity (Utah Law Review, No. 1, 2010) on SSRN. Here is the abstract: Debates about non-state normative communities often devolve into clashes...
Book Announcement: Becoming a Law Professor by Denning, McCormick, & Lipshaw
Posted on September 30, 2010Becoming a Law Professor: A Candidate's Guide by Brannon Denning, Marcia McCormick, & Jeffrey Lipshaw is available for preorder on the ABA website. My foreword is available for download on SSRN now.
Call for Papers: Batson v. Kentucky at Iowa
Posted on September 30, 2010CALL FOR PAPERS: For a proposed symposium to mark the 25th anniversary of the United States Supreme Court?s landmark opinion in Batson v. Kentucky (1986), the University of Iowa College of Law invites submissions. The symposium is prompted by a...
Cserne on Consequentialist Arguments & Law and Economics
Posted on September 30, 2010Péter Cserne (Tilburg Law and Economics Center) has posted Consequence-Based Arguments in Legal Reasoning: A Jurisprudential Preface to Law and Economics on SSRN. Here is the abstract: One of the persistent problems surrounding the discipline of law and economics is...
Fellowship Announcement: Global Justice Post Doctoral Fellowships at Stanford
Posted on September 30, 2010Stanford University The Center for Ethics in Society / Program on Global Justice Post Doctoral Fellowships This fellowship program is run jointly by The Center for Ethics in Society and the Program on Global Justice. For 2011-2012, we seek up...
Dorf on Constitutionality of the Mandate
Posted on September 29, 2010Check out Michael Dorf's interesting post, Severability's Double Edged Sword. Here is a taste: I now think it's just very hard to predict what the SCOTUS will do when the health care law eventually comes to it. As Jeff Toobin...
Mancini & Rosenfeld on a Comparative Approach to Religious Symbols in the Public Sphere
Posted on September 29, 2010Susanna Mancini (University of Bologna & Johns Hopkins University - Bologna Center) and Michel Rosenfeld (Cardozo Law School) have posted Unveiling the Limits of Tolerance: Comparing the Treatment of Majority and Minority Religious Symbols in the Public Sphere on SSRN...
White on Pro Tanto Retributivism
Posted on September 29, 2010Mark D. White (CUNY College of Staten Island) has posted Pro Tanto Retributivism: Judgment and the Balance of Principles in Criminal Justice (RETRIBUTIVISM: ESSAYS ON THEORY AND POLICY, Mark D. White, ed., Oxford University Press, Forthcoming) on SSRN...
Coglianese on Schlozman, Verba, and Brady on Participatory Inequality and the Internet
Posted on September 29, 2010Cary Coglianese reviews Kay Lehman Schlozman, Sidney Verba, & Henry Brady's Weapon of the Strong? Participatory Inequality and the Internet on Jotwell.
Greenberger & Spaccarelli on the Posse Comitatus Act & Disaster Response
Posted on September 29, 2010Michael Greenberger and Arianne Spaccarelli (University of Maryland - School of Law and University of Maryland - School of Law) have posted The Posse Comitatus Act and Disaster Response (THE POSSE COMITATUS ACT AND DISASTER RESPONSE, IN HOMELAND SECURITY AND...
Atik on on Basel II & Extreme Risk
Posted on September 29, 2010Jeffery Atik (Loyola Law School Los Angeles) has posted Basel II and Extreme Risk Analysis on SSRN. Here is the abstract: Basel II mandates the maintenance of bank capital to address three broad categories of risk: credit risk, market risk...
Suikkanen on Progressive Consequentialism
Posted on September 29, 2010Jussi Suikkanen has a very interesting post, Progressive Consequentialism, on PEA Soup. Here is a taste: So, it seems like progressive consequentialism makes irrelevant considerations about the counterfactuals in which you don?t exist relevant to the rightness of your actions...
New on the Stanford Encyclopedia of Philosophy
Posted on September 29, 2010Multiculturalism by Sarah Song.
New on the Stanford Encyclopedia of Philosophy
Posted on September 29, 2010Jean Jacques Rousseau by Christopher Bertram.
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Did I harass someone?
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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
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