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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 January 22, 2011The Legal Theory Bookworm recommends The Arc of the Moral Universe and Other Essays by Joshua Cohen. Here is a description: In this collection of essays, Joshua Cohen locates ideas about democracy in three far-ranging contexts. First, he explores the...
Download of the Week
Posted on January 22, 2011The Download of the Week is Must Virtue Be Particular? by Frederick Schauer (University of Virginia School of Law). Here is the abstract: A resurgence of interest in virtue ethics has spawned its counterpart in legal theory. But in both...
Boyd on Post-Copenhagen Climate Governance
Posted on January 21, 2011William Boyd (University of Colorado Law School) has posted Climate Change, Fragmentation, and the Challenges of Global Environmental Law: Elements of a Post-Copenhagen Assemblage (University of Pennsylvania Journal of International Law, Vol. 32, No. 2, p...
Essert on Tort Law & Happiness
Posted on January 21, 2011Christopher Essert (Queen's University Faculty of Law) has posted Tort Law and Happiness (Queen?s Law Journal, Vol. 36, p. 1, 2010) on SSRN. Here is the abstract: Tort law awards so-called Hedonic Damages to compensate Plaintiff for any loss of...
Cohen on Social Epistemology & Reasons for Decisions
Posted on January 21, 2011Mathilde Cohen (Columbia University) has posted The Social Epistemology of Public Institutions (NEW WAVES IN PHILOSOPHY OF LAW, Maksymilian del Mar, ed., Palgrave Macmillan, 2011, Columbia Public Law Research Paper) on SSRN. Here is the abstract: This article discusses what...
Conference Announcement: Valuing Lives at NYU
Posted on January 21, 2011Valuing Lives: A Conference on Ethics in Health and the Environment March 5, 2011, New York University. http://bioethics.as.nyu.edu/object/bioethics.events.20110305.valuinglives Various policy issues in environmental and health-related matters force policymakers to trade human lives against other values...
Brettschneider on Rights of the Guilty
Posted on January 21, 2011Corey L. Brettschneider (Brown University - Department of Political Science; Princeton University - Center for Human Values) has posted The Rights of the Guilty: Punishment and Political Legitimacy (Political Theory, Vol. 35, No. 2) on SSRN. Here is the abstract:...
Conference Announcement: Civil Recourse Theory at Florida State
Posted on January 21, 2011Symposium on Civil Recourse Theory February 11-12 , 2011 at the Florida State University College of Law Tallahassee, Florida Presented by the Florida State University Law Review. Civil recourse theory is an account of private law (property, contract and especially...
Waldron on the Basis of Political Community & the Principle of Proximity
Posted on January 21, 2011Jeremy Waldron (New York University (NYU) - School of Law) has posted The Principle of Proximity on SSRN. Here is the abstract: How should we think about, how should we model the basis of political community. To the extent that...
Orbach & Sjorberg on Backyard Chickens
Posted on January 21, 2011Barak Y. Orbach and Frances R. Sjoberg (University of Arizona and University of Arizona - James E. Rogers College of Law) have posted Debating Over Backyard Chickens on SSRN. Here is the abstract: This paper supplements our Article, The Clucking...
Fishkin on Equal Citizenship and the Right to Vote
Posted on January 21, 2011Joseph Fishkin (University of Texas School of Law) has posted Equal Citizenship and the Individual Right to Vote (Indiana Law Journal, Vol. 86, 2011) on SSRN. Here is the abstract: An emerging consensus among election law scholars urges courts to...
Sepper on Intelligence Sharing Networks & Accountability
Posted on January 20, 2011Elizabeth Sepper (Columbia Law School) has posted Democracy, Human Rights, and Intelligence Sharing (Texas International Law Journal, Vol. 46, 2010) on SSRN. Here is the abstract: In this Article, the author explores the networks used by intelligence agencies to share...
Kruse on Jurisprudence & Legal Ethics
Posted on January 20, 2011Katherine R. Kruse (William S. Boyd School of Law, UNLV) has posted The Jurisprudential Turn in Legal Ethics (Arizona Law Review, Forthcoming) on SSRN. Here is the abstract: When legal ethics developed as an academic discipline in the mid-1970s, its....
Short on Critiques of Coercive Regulation
Posted on January 20, 2011Jodi L. Short (Georgetown University Law Center) has posted The Paranoid Style in Regulatory Reform on SSRN. Here is the abstract: The U.S. administrative state has been involved in a decades-long regulatory reform project encompassing both a shift away from...
Benvenisti & Downs on National Court Review of Transnational Private Regulation
Posted on January 20, 2011Eyal Benvenisti (Tel Aviv University - Buchmann Faculty of Law) & George W. Downs (New York University - Wilf Family Department of Politics) have posted National Courts Review of Transnational Private Regulation on SSRN. Here is the abstract: Transnational private...
Habib on Gun Control After Heller & McDonald
Posted on January 20, 2011Michael J. Habib (University of Connecticut - School of Law) has posted ?I?ll Give You My Gun When You Take it from My Cold, Dead Hands!? The Future of Gun Control Laws Post-McDonald and Heller and the Death of One-Gun-Per-Month...
MacAmhlaigh on European Legal Integration
Posted on January 20, 2011Cormac S. Mac Amhlaigh (University of Edinburgh - School of Law) has posted Concepts of Law in Integration Through Law (and the Price of Constitutional Pluralism) (INTEGRATION THROUGH LAW REVISITED: THE MAKING OF THE EUROPEAN POLITY, D. Augenstein, ed...
Luban on Bradley & Gulati on Withdrawing from International Custom
Posted on January 19, 2011David J. Luban (Georgetown University Law Center) has posted Opting Out of the Law of War: Comments on 'Withdrawing from International Custom' (Yale Law Journal, Vol. 120, p. 151, 2010) on SSRN. Here is the abstract: This paper is a...
Farber on the BP Blowout
Posted on January 19, 2011Daniel A. Farber (University of California, Berkeley - School of Law) has posted The BP Blowout and the Social and Environmental Erosion of the Louisiana Coast on SSRN. Here is the abstract: The BP Oil Spill was yet another blow...
Craig on Feminist & Queer Legal Theories
Posted on January 19, 2011Elaine Craig (Schulich School of Law, Dalhousie University) has posted Converging Feminist and Queer Legal Theories: Family Feuds and Family Ties (Windsor Yearbook of Access to Justice, Vol. 28, p. 209, 2010) on SSRN. Here is the abstract: The notion...
Martin on Constitutional Constraints on Armed Conflict
Posted on January 19, 2011Craig Martin (University of Baltimore School of Law) has posted Taking War Seriously: A Model for Constitutional Constraints on the Use of Force, in Compliance with International Law (Brooklyn Law Review, Vol. 76, No. 2, 2011) on SSRN. Here is...
Brudney on Confirmatory Legislative History
Posted on January 19, 2011James J. Brudney (Ohio State University Moritz College of Law) has posted Confirmatory Legislative History on SSRN. Here is the abstract: The Supreme Court and lower courts often rely on legislative history to confirm or reinforce what they already have...
Teter on the Constitutionality of the Filibuster
Posted on January 19, 2011Michael Teter (Pomona College) has posted Equality Among Equals: Is the Senate Cloture Rule Unconstitutional? (Marquette Law Review, Vol. 94, February 2011) on SSRN. Here is the abstract: The U.S. Senate now operates as a sixty-vote chamber. Nearly every action,...
Lanni on Transitional Justice in Ancient Athens
Posted on January 18, 2011Adriaan Lanni (Harvard University - Harvard Law School) has posted Transitional Justice in Ancient Athens: A Case Study (University of Pennsylvania Journal of International Law, Vol. 32, No. 2, p. 551, 2010) on SSRN. Here is the abstract: This article...
Farber on Preemption
Posted on January 18, 2011Daniel A. Farber (University of California, Berkeley - School of Law) has posted Federal Preemption of State Law: The Current State of Play on SSRN. Here is the abstract: This paper reviews the evolving case law on the boundary between...
Macagno on Dichotomies in Legal Argumentation
Posted on January 18, 2011Fabrizio Macagno (Universidade Nova de Lisboa) and Douglas Walton have posted Dichotomies and Oppositions in Legal Argumentation (Ratio Juris, Vol. 23, pp. 229-257, 2010) on SSRN. Here is the abstract: In this paper we use a series of examples to...
Davies on the Probable Cause Standard & Founding-Era Law
Posted on January 18, 2011Thomas Y. Davies (University of Tennessee College of Law) has posted How the Post-Framing Adoption of the Bare-Probable-Cause Standard Drastically Expanded Government Arrest and Search Power (Law and Contemporary Problems, Vol. 73, p. 1, 2010) on SSRN...
Sugarman on Horwitz's Influence
Posted on January 18, 2011David Sugarman (Lancaster University - Law School) has posted ?Great Beyond His Knowing?: Morton Horwitz?s Influence on Legal Education and Scholarship in England, Canada and Australia (TRANSFORMATIONS IN AMERICAN LEGAL HISTORY ? LAW, IDEOLOGY AND METHODS: ESSAYS IN HONOR OF...
Buckley on Contract as Convention
Posted on January 18, 2011F. H. Buckley (George Mason University School of Law) has posted Contract as Convention on SSRN. Here is the abstract: Contract theory is a curiously neglected field. While the efficiency of contract law rules has received much attention, the same...
Markel, Flanders, & Gray on Hedonic Adaptation & Punishment
Posted on January 17, 2011Dan Markel , Chad Flanders and David C. Gray (Florida State University College of Law , Saint Louis University - School of Law and University of Maryland - School of Law) have posted Beyond Experience: Getting Retributive Justice Right (California...
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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...








