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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.
Thornton on Australian Gender Discrimination Litigation
Posted on December 12, 2008Margaret Thornton (Australian National University - ANU College of Law) has posted Sex Discrimination, Courts and Corporate Power on SSRN. Here is the abstract: It is notable that in more than thirty years of anti-discrimination legislation in Australia, the High...
Bibas on Rewarding Prosecutors for Performance
Posted on December 12, 2008Stephanos Bibas (University of Pennsylvania Law School) has posted Rewarding Prosecutors for Performance (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: Prosecutorial discretion is a problem that most scholars attack from the outside...
Pettit on Law & Liberty
Posted on December 11, 2008Philip N. Pettit (Princeton University - Department of Politics) has posted Law and Liberty (LAW AND REPUBLICANISM, Samantha Besson and Jose Luis Marti, eds., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: The consensus since Bentham has been...
Baker on Insurance & the Tort-Crime Boundary
Posted on December 11, 2008Tom Baker (University of Pennsylvania Law School) has posted Liability Insurance at the Tort-Crime Boundary on SSRN. Here is the abstract: This essay explores how liability insurance mediates the boundary between torts and crime. Liability insurance sometimes separates these two...
Zumbansen on Transitional Justice
Posted on December 11, 2008Peer Zumbansen (York University - Osgoode Hall Law School) has posted Transitional Justice in a Transnational World: The Ambiguous Role of Law on SSRN. Here is the abstract: In situations of military, political or economic transition, the reassessment of the...
Cernic on Saadi v. Italy
Posted on December 11, 2008Jernej Letnar Cernic (University of Aberdeen - School of Law) has posted National Security and Expulsion to a Risk of Torture (Edinburgh Law Review, Vol. 12, No. 3, pp. 486-490, September 2008) on SSRN. Here is the abstract: In Saadi...
Tanguay-Renaud on "Public" Emergencies
Posted on December 11, 2008François Tanguay-Renaud (York University - Osgoode Hall Law School) has posted Making Sense of 'Public' Emergencies on SSRN. Here is the abstract: This is the penultimate draft of a paper that will appear, in a revised form, in Philosophy of...
Thomas on Weber, Law, and Development
Posted on December 11, 2008Chantal Thomas (Cornell Law School) has posted Re-Reading Weber in Law and Development: A Critical Intellectual History of 'Good Governance' Reform on SSRN. Here is the abstract: The "Weberianism" of the modern age derives from the influence of three theoretical...
Rothstein on Swift & Slobogin on Excluding Evidence of State of Mind
Posted on December 11, 2008Paul F. Rothstein (Georgetown University - Law Center) has posted Comments on Swift and Slobogin: Mental State Evidence (Seton Hall Law Review, Vol. 38, 2008) on SSRN. Here is the abstract: Excellent, thought-provoking articles have the capacity to inspire readers...
Barnett on Constitutional Assumptions
Posted on December 10, 2008Randy E. Barnett (Georgetown University Law Center) has posted The Misconceived Assumption About Constitutional Assumptions on SSRN. Here is the abstract: Both originalists and nonoriginalists alike often assume that background assumptions widely held when the Constitution or its amendments were...
Shin on Diversity & Colorblindness
Posted on December 10, 2008Patrick Shin (Suffolk University Law School) has posted Diversity v. Colorblindness on SSRN. Here is the abstract: There seems to be broad social consensus that racial diversity is generally a good thing. Disagreements tend to focus on the constraints we...
Goodenough on Emotions, Law, and Mechanism Design
Posted on December 10, 2008Oliver R. Goodenough (Vermont Law School) has posted Institutions, Emotions and Law: A Goldilocks Problem for Mechanism Design on SSRN. Here is the abstract: This essay lays out a framework for thinking about institutions, emotions, and law. It combines work...
Del Mar on Discourse & Tradition and the History of Jurisprudence
Posted on December 10, 2008Maksymilian T. Del Mar (University of Edinburgh) has posted Clio Unbound: Theories of Law between Discourse and Tradition on SSRN. Here is the abstract: This paper argues against two extreme attitudes to the history of a discipline: on the one...
Hockett on Global Institutions & Social Movements
Posted on December 10, 2008Robert C. Hockett (Cornell University - School of Law) has posted Institutional Fixes Versus Fixed Institutions on SSRN. Here is the abstract: A number of philosophers, policy thinkers and activists have despaired over the prospect that global institutions can bring...
Sciullo on the Myth of Atlantis
Posted on December 10, 2008Nick J. Sciullo has posted Atlantean Prose and the Search for Democracy (The Crit: A Critical Legal Studies Journal, Vol. 2, 2009) on SSRN. Here is the abstract: Atlantis, the Lost City, has been a focal point of folklore, archeological...
Lipkin on Judicial Supremacy & Judicial Review
Posted on December 09, 2008Robert Justin Lipkin (Widener University School of Law) has posted What's Wrong with Judicial Supremacy? What's Right About Judicial Review? (Widener Law Review, Vol. 14, No. 1, 2008) on SSRN. Here is the abstract: Skepticism concerning the legitimacy of judicial...
Sammons on Justice as Literary Play
Posted on December 09, 2008Jack Lee Sammons (Mercer University School of Law) has posted Justice as Play on SSRN. Here is the abstract:I am interested here in using Johannes Huizinga's work on play to explore a strange, yet civilizing, phenomenon. Why do we take...
Blagojevich Complaint & Press Release
Posted on December 09, 2008Here is the substance of Blagojevich complaint: Count One From in or about 2002 to the present, in Cook County, in the Northern District of Illinois, defendants did, conspire with each other and with others to devise and participate in...
Waldron on Basic Equality
Posted on December 09, 2008Jeremy Waldron (New York University - School of Law) has posted Basic Equality on SSRN. Here is the abstract: This is a three-part study and defense of the idea of basic human equality. (This is the idea that humans are...
Rush on Sexual Orientation & the Intersection of Equal Protection & Due Process
Posted on December 09, 2008Sharon Elizabeth Rush (University of Florida - Fredric G. Levin College of Law) has posted Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process and Equal Protection Intersect (William & Mary Bill of Rights Journal, Vol. 16, p...
Adler on Chemerinsky on the Roberts Court
Posted on December 09, 2008Jonathan H. Adler (Case Western Reserve University - School of Law) has posted Getting the Roberts Court Right: A Response to Chemerinsky (Wayne Law Review, Forthcoming) on SSRN. Here is the abstract: In "The Roberts Court at Age Three," Dean...
Staton & Moore on Realism in International Politics
Posted on December 09, 2008Jeffrey K. Staton and Will H. Moore (Department of Political Science - Emory University and Florida State University - Department of Political Science) have posted The Last Pillar to Fall? Domestic and International Legal Institutions on SSRN. Here is the...
O'Hara & Ribstein on the Law Market
Posted on December 08, 2008Larry Ribstein & Erin O'Hara have posted Chapter 1 of their bookm The Law Market, on SSRN. Here's the abstract: In their book, The Law Market, Erin O'Hara and Larry Ribstein show that states increasingly act as hawkers of legal...
Hockett on Waiver of Attorney-Client Privilege in Corporate Litigation
Posted on December 08, 2008Robert C. Hockett (Cornell University - School of Law) has posted Valuing the Waiver: The Real Beauty of Ex Ante Over Ex Post on SSRN. Here is the abstract: Irony abounds in connection with demands and proposals made, in the...
More on "It takes a theory . . . "
Posted on December 08, 2008Paul Gowder reacts to yesterday's Legal Theory Lexicon post on "It takes a theory to beat a theory." Here is a taste: Now let?s talk about what it means to ?beat? a theory. There seem to be four possible things...
Shapiro on the Rule of Recognition
Posted on December 08, 2008Scott J. Shapiro (Yale University - Law School) has posted What is the Rule of Recognition (and Does it Exist)? (THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION, Matthew Adler, Kenneth Himma, eds., Oxford University Press, 2009) on SSRN. Here...
Goldberg on Solomon on Civil Recourse & Torts
Posted on December 08, 2008John C.P. Goldberg (Harvard Law School) has posted Wrongs Without Recourse: A Comment on Jason Solomon's Judging Plaintiffs (Vanderbilt Law Review, Vol. 61, No. 9, 2008) on SSRN. Here is the abstract: Jason Solomon's very interesting article Judging Plaintiffs argues...
Perez on Information Overload & Online Deliberation
Posted on December 08, 2008Oren Perez (Bar-Ilan University - Faculty of Law) has posted Complexity, Information Overload and Online Deliberation (A Journal of Law and Policy for the Information Society, 2009) on SSRN. Here is the abstract: This article explores the influence of information...
Litton on Psychopaths & Responsibility
Posted on December 08, 2008Paul Litton (University of Missouri School of Law) has posted Responsibility Status of the Psychopath: On Moral Reasoning and Rational Self-Governance (Rutgers Law Journal, Vol. 39, No. 349, 2008) on SSRN. Here is the abstract: Responsibility theorists frequently discuss psychopathy...
Conference Announcement: Empirical Legal Studies at Berkeley
Posted on December 08, 2008BUILDING THEORY THROUGH EMPIRICAL LEGAL STUDIES Center for the Study of Law and Society University of California, Berkeley Friday, April 24, 2009 Empirical Legal Studies is often associated with sophisticated quantitative work and less often associated with theory...
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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...








