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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.
Reed on Information in the the Cloud
Posted on March 08, 2010Chris Reed (Queen Mary University of London, School of Law) has posted Information 'Ownership' in the Cloud on SSRN. Here is the abstract: This paper is an output from the Legal Aspects of Cloud Computing research project at Queen Mary's...
Alces on Equity Trustees
Posted on March 08, 2010Kelli A. Alces (Florida State University - College of Law) has posted The Equity Trustee on SSRN. Here is the abstract: As we reel from the effects of a recent financial disaster, it is apparent that there is a significant...
Fenster on Transparency
Posted on March 08, 2010Mark Fenster (University of Florida - Fredric G. Levin College of Law) has posted Seeing the State: Transparency as Metaphor on SSRN. Here is the abstract: When applied as a public administrative norm, the term and concept ?transparency? has two...
Stern on "A Million Little Pieces" & Fraud
Posted on March 08, 2010Simon Stern (Faculty of Law, University of Toronto) has posted Sentimental Frauds on SSRN. Here is the abstract: This paper examines the class action filed against James Frey for his inaccuracies in A Million Little Pieces. Memoirs often include inaccuracies...
Nijman on Non-State Actors as International Legal Persons
Posted on March 08, 2010Janne Elisabeth Nijman (Amsterdam Center for International Law - University of Amsterdam) has posted Non-State Actors and the International Rule of Law: Revisiting the 'Realist Theory' of International Legal Personality on SSRN. Here is the abstract: The present paper argues...
Legal Theory Lexicon: Property Rules & LIability Rules
Posted on March 07, 2010Introduction One of the most famous distinctions in contemporary legal theory was made popular by Guido Calabresi & A. Douglas Melamed s famous article, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral. The core idea is simple...
Legal Theory Bookworm
Posted on March 06, 2010The Legal Theory Bookworm recommends Measuring Justice: Primary Goods and Capabilities edited by Harry Brighouse & Ingrid Robeyns. Here is a description: This book brings together a team of leading theorists to address the question ?What is the right measure...
Download of the Week
Posted on March 06, 2010Two papers this week: The Reconstruction Power by Jack M. Balkin: This essay argues that modern doctrine has not been faithful to the text, history and structure of the Thirteenth, Fourteenth, and Fifteenth Amendments. These amendments were designed to give...
Cheliotis on Bauman on Physical Exclusion & Domination
Posted on March 05, 2010Leonidas K. Cheliotis (Queen Mary University of London, School of Law) has posted The Sociospatial Mechanics of Domination: Transcending the 'Exclusion/Inclusion' Dualism (Law & Critique: The International Journal of Critical Legal Thought, Vol. 21, No...
Druzin on Spontaneous Legal Order & Commercial Law
Posted on March 05, 2010Bryan Druzin (King's College London - School of Law) has posted Law Without the State: The Theory of High Engagement and the Emergence of Spontaneous Legal Order within Commercial Systems (Georgetown Journal of International Law, Forthcoming) on SSRN...
Gulati, Klein, and Levi on Empirical Evaluation of Judges
Posted on March 05, 2010G. Mitu Gulati, David Klein and David F. Levi (Duke University - School of Law , University of Virginia (UVA) and Duke University - School of Law) have posted Evaluating Judges and Judicial Institutions: Reorienting the Perspective on SSRN. Here...
Spinak on Family Court Reform
Posted on March 05, 2010Jane M. Spinak (Columbia Law School) has posted Reforming Family Court: Getting it Right between Rhetoric and Reality (Washington University Journal of Law & Policy, Vol. 31, p. 11, 2009) on SSRN. Here is the abstract: Family Court reform efforts...
Grimmelmann on the Google Books Settlement
Posted on March 05, 2010James Grimmelmann (New York Law School) has posted The Amended Google Books Settlement is Still Exclusive (CPI Antitrust Journal, January 2010) on SSRN. Here is the abstract: This brief essay argues that the proposed settlement in the Google Books case,...
Davies on Constitutional Pluralism in Europe
Posted on March 05, 2010Gareth T. Davies (Free University of Amsterdam - Faculty of Law) has posted Constitutional Disagreement in Europe and the Search for Pluralism on SSRN. Here is the abstract: This paper has two purposes. One is to suggest that constitutional pluralism...
Berry on Judicial Restraint & the Death Penalty
Posted on March 05, 2010William W. Berry III (University of Mississippi School of Law) has posted Powell, Blackmun, Stevens, and the Pandora?s Box Theory of Judicial Restraint on SSRN. Here is the abstract: In recent years, three Supreme Court justices, Powell, Blackmun, and most...
Twomey on Common Law Principles as Limitations on Legislative Power in the Commonwealth
Posted on March 04, 2010Anne Twomey (University of Sydney - Faculty of Law) has posted Fundamental Common Law Principles as Limitations Upon Legislative Power (Oxford University Commonwealth Law Journal, Vol. 9, No. 1, pp. 47-71, 2009) on SSRN. Here is the abstract: The House...
Seymore on Novelty in Patent Law
Posted on March 04, 2010Sean B. Seymore (Washington and Lee University - School of Law) has posted Rethinking Novelty in Patent Law (Duke Law Journal, Vol. 60, Forthcoming) on SSRN. Here is the abstract: The novelty requirement seeks to ensure that a patent will...
Nourse & Shaffer on the New Legal Realism
Posted on March 04, 2010Victoria Nourse and Gregory Shaffer (University of Wisconsin Law School and University of Minnesota - Twin Cities - School of Law) have posted Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory? (A Synopsis)...
Rose on Sovereign Wealth Funds
Posted on March 04, 2010Paul Rose (Ohio State University - Michael E. Moritz College of Law) has posted Sovereign Wealth Fund Investment in the Shadow of Regulation and Politics (Georgetown Journal of International Law, Vol. 40, No. 4, 2009) on SSRN. Here is the...
Zaring on Reasonable Agencies
Posted on March 04, 2010David T. Zaring (University of Pennsylvania - Legal Studies Department) has posted Reasonable Agencies (Virginia Law Review, Vol. 96, No. 1, pp. 2317-2379, 2010) on SSRN. Here is the abstract: This article argues that the complex doctrine of judicial review...
Kende on Comparative Religious Liberty
Posted on March 04, 2010Mark Kende (Drake University Law School) has posted Free Exercise of Religion: A Pragmatic and Comparative Assessment (University of South Dakota Law Review, Forthcoming) on SSRN. Here is the abstract: This short article analyzes the leading free exercise of religion...
Nikas on Use of Foreign Law & Public Consensus
Posted on March 03, 2010Luke Nikas has posted Rethinking the Use of Foreign Law and Public Consensus: The U.S. Supreme Court's Inconsistent Methods for Defining Constitutional Rights (Lewis & Clark Law Review, Vol. 13, No. 4, 2009) on SSRN. Here is the abstract: The...
Noll on Aschcroft v. Iqbal
Posted on March 03, 2010David L. Noll (New York University - School of Law) has posted The Indeterminacy of Iqbal (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract: The Supreme Court's controversial decision in Ashcroft v. Iqbal did not resolve a number...
Green on Scalia in the McDonald v. City of Chicago Oral Argument
Posted on March 03, 2010Christopher Green of the University of Mississippi offered the followed set of quotations on a listserv: MR. GURA: We can't give a full description of all unenumerated rights that are going to be protected by the Fourteenth Amendment. JUSTICE SCALIA:...
Erichson & Zipursky on Closure & Consent in Mass Tort Litigation
Posted on March 03, 2010Howard M. Erichson and Benjamin C. Zipursky (Fordham University - School of Law and Fordham University - School of Law) have posted Consent Versus Closure on SSRN. Here is the abstract: Claimants, defendants, courts, and counsel are understandably frustrated by...
Yin on Ashcroft v. Iqbal
Posted on March 03, 2010Tung Yin (Lewis & Clark Law School) has posted 'I Do Not Think [Implausible] Means What You Think it Means': Ashcroft v. Iqbal and Judicial Vouching for Government Officials (Lewis & Clark Law Review, Vol. 14, p. 203, 2010) on...
Entry Level Hiring Survey 2010
Posted on March 03, 2010Once again, it is time for the Entry Level Hiring Survey. Data will be collected by Surveymonkey. To submit a candidate, simply click on this link: Click here to take survey If you wish to submit more than one candidate,...
Barros on Possession & Biology
Posted on March 03, 2010Benjamin Barros (Widener University - School of Law) has posted Human Behavior, Evolution, and the Law: The Case of the Biology of Possession on SSRN. Here is the abstract: Possession is a foundational idea in property law. Recent scholarship has...
Orenstein on the Confrontation Clause
Posted on March 03, 2010Aviva Orenstein (Indiana University School of Law - Bloomington) has posted Sex, Threats, and Absent Victims: The Lessons of Regina v. Bedingfield for Modern Confrontation and Domestic Violence Cases on SSRN. Here is the abstract: In 2004, Crawford v...
Berman & Farrell on Provocation as both Excuse & Justification
Posted on March 02, 2010Mitchell N. Berman (University of Texas School of Law) & Ian P. Farrell (The University of Texas School of Law) have posted Provocation as Partial Justification and Partial Excuse on SSRN. Here is the abstract: The partial defense of provocation...
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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...








