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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.
Wendel on Bruff, Goldsmith, Mayer, & Sands on the Torture Memos
Posted on June 23, 2009W. Bradley Wendel (Cornell Law School) has posted The Torture Memos and the Demands of Legality on SSRN. Here is the abstract: This review essay considers five recent books concerning the role of governmetn lawyers in the Bush Administration's war...
Zamir & Medina on Private & Public Morality
Posted on June 23, 2009Eyal Zamir and Barak Medina (Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law) have posted Private and Public Morality (LAW, ECONOMICS AND MORALITY, Oxford University Press, Forthcoming) on SSRN. Here is...
Poirier on Same Sex Marriage & Gender as Performance
Posted on June 22, 2009Marc R. Poirier (Seton Hall University - School of Law) has posted Gender, Place, Discursive Space: Where is Same-Sex Marriage? (Florida International University Law Review, Vol. 3, No. 2, p. 307, 2008) on SSRN. Here is the abstract: Performances of....
Bommarito, Katz, & Zelner on Network Representations of Supreme Court Decisions
Posted on June 22, 2009Michael James Bommarito II , Daniel Martin Katz and Jon Zelner (University of Michigan at Ann Arbor - Center for Study of Complex Systems , University of Michigan - Department of Political Science and University of Michigan at Ann Arbor...
Hasen on NAMUDNO
Posted on June 22, 2009Check out Rick Hasen's Initial Thoughts on NAMUDNO: Chief Justice Roberts Blinked for analysis of the surprising decision that rests on "constitutional avoidance" grounds.
Shin on Equal Treatment
Posted on June 22, 2009Patrick Shin (Suffolk University Law School) has posted The Substantive Principle of Equal Treatment (Legal Theory, Vol. 15, 2009) on SSRN. Here is the abstract: This paper attempts to identify a principle of equal treatment that gives specific structure to...
Pardy on Markets, Ecosystems, and Legal Instrumentalism
Posted on June 22, 2009Bruce Pardy (Queen's University - Faculty of Law) has posted The Hand is Invisible, Nature Knows Best, and Justice is Blind: Markets, Ecosystems, Legal Instrumentalism, and the Natural Law of Systems (Tulsa Law Review, Vol. 44, pps. 67-92, 2009) on...
Calo on White on Living Speech
Posted on June 22, 2009Zachary R. Calo (Valparaiso University School of Law) has posted Law, Language and Love: James Boyd White?s Living Speech: Resisting the Empire of Force (Journal of Law, Philosophy and Culture, Forthcoming) on SSRN. Here is the abstract: A review essay...
Lerner & Lund on District of Columbia v. Heller
Posted on June 22, 2009Craig S. Lerner and Nelson Lund (George Mason University - School of Law and George Mason University School of Law) have posted Heller and Nonlethal Weapons (Hastings Law Journal, Forthcoming) on SSRN. Here is the abstract: Two important opinions in....
Legal Theory Lexicon: Transparency
Posted on June 21, 2009Introduction Sooner or later, most law students encounter the idea that "transparency" (as opposed to "opaqueness") is a desirable characteristic in markets, procedures, and governance institutions (both private and public). But what is "transparency" and why is it a good...
Legal Theory Bookworm
Posted on June 21, 2009The Legal Theory Bookworm recommends How Do You Know?: The Economics of Ordinary Knowledge by Russell Hardin. Here is a description: How do ordinary people come to know or believe what they do? We need an account of this process...
Download of the Week
Posted on June 21, 2009The Download of the Week is Rawlsian Affirmative Action by Robert S. Taylor. Here is an except from the introduction: What implications does Rawls?s justice as fairness have for affirmative?action policies? Surprisingly, Rawls never addressed this issue in his writings?apart...
Ibrahim on Debt as Venture Capital
Posted on June 19, 2009Darian M. Ibrahim (University of Wisconsin Law School) has posted Debt as Venture Capital on SSRN. Here is the abstract: Venture debt, or loans to rapid-growth start-ups, is a puzzle. How are start-ups with no track records, positive cash flows,...
Dillard on Valuing Having Childre
Posted on June 19, 2009Carter Dillard (Loyola University New Orleans) has posted Valuing Having Children (Journal of Law & Family Studies, Forthcoming) on SSRN. Here is the abstract: Are there objective values on which to base the claim of a right to procreate? Can...
Siegel on the Judicial Role
Posted on June 19, 2009Andrew M. Siegel (Seattle University School of Law) has posted Notes Towards an Alternate Vision of the Judicial Role (Seattle University Law Review, Vol. 32, p. 511, 2009) on SSRN. Here is the abstract: As many scholars and critics have...
Kochan on Property, Public Choice, and the Permitting Process
Posted on June 19, 2009Donald J. Kochan (Chapman University - School of Law) has posted Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines: Property and Public Choice in the Permitting Process (BYU Journal of Public Law, Vol. 24, No. 1, 2009)...
Lipshaw on the Financial Crisis, Complexity & Epistemology
Posted on June 19, 2009Jeffrey M. Lipshaw (Suffolk University Law School) has posted The Epistemology of the Financial Crisis: Complexity, Causation, Law, and Judgment on SSRN. Here is the abstract: The focus on complexity as a problem of the financial meltdown of 2008-09 suggests...
Tsai on Langston Hughes's Poetry as Popular Constitutionalism
Posted on June 19, 2009Robert L. Tsai (American University - Washington College of Law) has posted Langston Hughes: The Ethics of Melancholy Citizenship on SSRN. Here is the abstract: As a body of work, the poetry of Langston Hughes presents a vision of how...
Darmer on the Bybee-Yoo Memorandum
Posted on June 18, 2009M. Katherine B. Darmer (Chapman University - School of Law) has posted Civil Liberties Lost, Waterboarding and the Legacy of the Bybee-Yoo 'Torture-Power' Memorandum: Reflections from an Erstwhile Bush Administration Apologist on SSRN. Here is the abstract: This symposium piece...
Goeschl & Swanson on Diffusion of Technology & IP Regimes
Posted on June 18, 2009Timo Goeschl and Timothy M. Swanson (Department of Economics, University of Heidelberg and University College London - Department of Economics and Faculty of Law) have posted The Distributive Impact of Global Intellectual Property Regimes: An Empirical Assessment of Diffusion and...
Yen on Third Party Copyright Liability & Freedom of Speech
Posted on June 18, 2009Alfred C. Yen (Boston College - Law School) has posted A First Amendment Perspective on the Construction of Third Party Copyright Liability (Boston College Law Review, Forthcoming) on SSRN. Here is the abstract: This Essay offers preliminary thoughts about the...
Ku, Sun, & Fan on Empirical Study of Copyright
Posted on June 18, 2009Raymond Shih Ray Ku, Jiayang Sun and Yiying Fan (Case Western Reserve University - School of Law , Case Western Reserve University - Department of Statistics and Case Western Reserve University - Department of Statistics) have posted Does Copyright Law...
Conley, Broome, & Krawiec on Diversity on Corporate Boards
Posted on June 18, 2009John M. Conley , Lissa L. Broome and Kimberly D. Krawiec (University of North Carolina at Chapel Hill - School of Law , University of North Carolina at Chapel Hill - School of Law and Duke University) have posted Narratives...
Anderson on Parentage & Assisted Reproductive Technology
Posted on June 18, 2009Linda S. Anderson (Stetson University College of Law) has posted Adding Players to the Game: Parentage Determinations When Assisted Reproductive Technology is Used to Create Families (Arkansas Law Review, Vol. 62, No. 1, p. 29, 2009) on SSRN. Here is...
Lynk on Labor Law & Inequality
Posted on June 17, 2009Michael S. Lynk (University of Western Ontario) has posted 'Labour Law and the New Inequality' on SSRN. Here is the abstract: Rising economic inequality in Canada and the Western world has become an unspoken but influential political theme over the...
Addis on Deiberative Democracy in Fractured Societies
Posted on June 17, 2009Adeno Addis (Tulane University - School of Law) has posted Deliberative Democracy in Severely Fractured Societies (Indiana Journal of Global Legal Studies, Vol. 16, No. 1, 2009) on SSRN. Here is the abstract: The world is full of boundaries. Whatever...
Taylor on Rawlsian Affirmative Action
Posted on June 17, 2009Robert S. Taylor has posted Rawlsian Affirmative Action (Ethics 119 (April 2009): 476?506) on the Chicago Journals Website (subscription required, many library have access). Here is the access: What implications does Rawls?s justice as fairness have for affirmative?action policies? Surprisingly,...
Burke & McCouch on Arthur Anderson v. Carlisle
Posted on June 17, 2009Karen C. Burke and Grayson M.P. McCouch (University of San Diego School of Law and University of San Diego School of Law) have posted Carlisle: A 'Hollow Victory' on SSRN. Here is the abstract: Arthur Andersen LLP v. Carlisle is...
Harris on Accountability-Based Policing
Posted on June 17, 2009David A. Harris (University of Pittsburgh - School of Law) has posted How Accountability-Based Policing Can Reinforce - Or Replace - The Fourth Amendment Exclusionary Rule (Ohio State Journal of Criminal Law, Vol. 7, 2009) on SSRN. Here is the...
Chander on Bainbridge on Chander on Non-Controlling Shareholders
Posted on June 16, 2009Anupam Chander (University of California, Davis - School of Law) has posted Corporate Law's Distributive Design (Yale Law Journal Pocket Part, Forthcoming) on SSRN. Here is the abstract: I respond to Steve Bainbridge?s critique of my 2005 Yale Law Journal...
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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...








