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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.
Michelman on the 2007 Term of the Constitutional Court of South Africa
Posted on September 05, 2008Frank I. Michelman (Harvard Law School) has posted On the Uses of Interpretive 'Charity': Some Notes on Application, Avoidance, Equality, and Objective Unconstitutionality from the 2007 Term of the Constitutional Court of South Africa on SSRN. Here is the abstract:This...
Ginsburg on Orphan Works
Posted on September 05, 2008Jane C. Ginsburg (Columbia Law School) has posted Recent Developments in US Copyright Law: Part I - 'Orphan' Works on SSRN. Here is the abstract:This Comment, after a brief review of the nature of the orphan works problem and prior...
Ohlin on Transnational Justice
Posted on September 05, 2008Jens David Ohlin (Cornell Law School) has posted On the Very Idea of Transitional Justice (Whitehead Journal of Diplomacy and International Relations, Vol. 8, No.1, pp. 51-68, 2007) on SSRN. Here is the abstract:Although "transitional justice" has had an amazingly...
Joo on Yick Wo v. Hopkins
Posted on September 05, 2008Thomas Wuil Joo (University of California - Davis Law School) has posted Yick Wo Re-Revisited: Nonblack Nonwhites and Fourteenth Amendment History (University of Illinois Law Review, Fall 2008) on SSRN. Here is the abstract:The 1886 Supreme Court case Yick Wo...
Sloane on International Regulation of Nationality
Posted on September 05, 2008Robert D. Sloane (Boston University School of Law) has posted Breaking the Genuine Link: The Contemporary International Legal Regulation of Nationality (Harvard International Law Journal, Vol. 50, Forthcoming) on SSRN. Here is the abstract:The concept of nationality serves indispensable functions...
Michaels on European Choice of Law
Posted on September 05, 2008Ralf Michaels (Duke University - School of Law) has posted The New European Choice-of-Law Revolution (Tulane Law Review, Vol. 82, No. 5, 2008) on SSRN. Here is the abstract:Conflict of laws in Europe was long viewed by outsiders as formalist,...
Lee on Open Science
Posted on September 04, 2008Peter Lee (University of California, Davis School of Law) has posted Contracting to Preserve Open Science: The Privatization of Public Policy in Patent Law on SSRN. Here is the abstract:Patents on biomedical research tools - technological inputs to experimentation -...
Katz on Smoke-Filled Rooms
Posted on September 04, 2008Ellen D. Katz (University of Michigan Law School) has posted Smoke-Filled Rooms on SSRN. Here is the abstract:The smoke-filled room is making a comeback. Condemned as a corrupt, anti-democratic means for nominating candidates to public office, the smoke-filled room has...
Heminway on Female Investors
Posted on September 04, 2008Joan MacLeod Heminway (University of Tennessee College of Law) has posted Female Investors and Securities Fraud: Is the Reasonable Investor a Woman? (William & Mary Journal of Women & Law, Vol. 15) on SSRN. Here is the abstract:This paper extends...
Richardson on Indigenous Peoples & Environmental Governance
Posted on September 04, 2008Benjamin J. Richardson (York University - Osgoode Hall Law School) has posted The Ties that Bind: Indigenous Peoples and Environmental Governance (Indigenous Peoples and the Law: Comparative and Critical Perspectives, 2009) on SSRN. Here is the abstract:Canvassing practices in many...
Rabin on Tobacco Control
Posted on September 04, 2008Robert L. Rabin (Stanford Law School) has posted Tobacco Control Strategies: Past Efficacy and Future Promise (Loyola of Los Angeles Law Review, Vol. 41, No. 4, 2008) on SSRN. Here is the abstract:The public health impact of smoking remains as...
First on Netscape & the Microsoft Litigation
Posted on September 04, 2008Harry First (New York University - School of Law) has posted Netscape is Dead: Remedy Lessons from the Microsoft Litigation on SSRN. Here is the abstract:On March 1, 2008, AOL officially pulled the plug on the Netscape Browser, killing off...
Miller on Impeachable Offenses & Quasi-Criminal Cases
Posted on September 03, 2008Colin Miller (John Marshall Law School) has posted Impeachable Offenses?: Why Civil Parties in Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under the Felony Impeachment Rule on SSRN. Here is the abstract:With one exception, every Federal Rule of Evidence...
Infanti on Taxing Civil Rights Gains
Posted on September 03, 2008Anthony C. Infanti (University of Pittsburgh - School of Law) has posted Taxing Civil Rights Gains on SSRN. Here is the abstract:In this article, I take a novel approach to the question of what constitutes a "tax." I argue that...
Sag on Copyright & Copy-Reliant Technology
Posted on September 03, 2008Matthew J. Sag (DePaul University - College of Law) has posted Copyright and Copy-Reliant Technology on SSRN. Here is the abstract:This article studies the rise of copy-reliant technologies - technologies such as Internet search engines and plagiarism detection software that,...
Corn & Jensen on Regulating Counter-Terrorism Combat
Posted on September 03, 2008Geoffrey S. Corn and Eric Talbot Jensen (South Texas College of Law and Judge Advocate General's Corps, U.S. Army) have posted Transnational Armed Conflict: A 'Principled' Approach to the Regulation of Counter-Terror Combat Operations on SSRN. Here is the abstract:This...
Markel on Punitive Damages
Posted on September 03, 2008Dan Markel (Florida State University College of Law) has posted How Should Punitive Damages Work? (University of Pennsylvania Law Review, Vol. 157, 2009) on SSRN. Here is the abstract:What are punitive damages for? In a companion article, I argued that...
Post-Docs for Aspiring Law Professors
Posted on September 02, 2008Paul Caron has updated his valuable list of post-doc programs for aspiring legal academics, including the Illinois Academic Fellowship Program.
Sunstein on Irreversibility
Posted on September 02, 2008Cass R. Sunstein (Harvard Law School) has posted Irreversibility (Oxford University Press, Law, Probability and Risk, Forthcoming) on SSRN. Here is the abstract:The concept of "irreversibility" plays a large role in many domains, including public health, medical practice, and environmental...
Cassell on Victims & the Federal Rules of Criminal Procedure
Posted on September 02, 2008Paul G. Cassell (University of Utah - S.J. Quinney College of Law) has posted Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure (Utah Law Review, Forthcoming) on SSRN. Here is the abstract:Federal courts should treat...
Hasday on Women in the Military and Extrajudicial Constitutional Change
Posted on September 02, 2008Jill Elaine Hasday (University of Minnesota Law School) has posted Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change (Minnesota Law Review, Vol. 93, No. 1, 2008) on SSRN. Here is the abstract:The Supreme Court in Rostker v. Goldberg (1981)...
Buchanan on Intergenerational Justice
Posted on September 02, 2008Neil H. Buchanan (George Washington University Law School) has posted What Do We Owe Future Generations? (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract:In the United States, it is common for legal scholars, economists, politicians and others...
Warner on Internet Contracting
Posted on September 02, 2008Richard Warner (Chicago-Kent College of Law) has posted Turned on its Head?: Norms, Freedom, and Acceptable Terms in Internet Contracting on SSRN. Here is the abstract:Is the Internet turning contract law on its head? Many commentators contend it is. Precisely...
Kilmartin on Free Exercise & Free Speech
Posted on September 02, 2008Alison M. Kilmartin (Penn State Dickinson School of Law) has posted Free Exercise, Free Speech, and 'Mere Religious Worship' on SSRN. Here is the abstract:On December 4, 1800, there was no objection in the House of Representatives' chamber when the...
Desai on State Genocide Divestment Statutes
Posted on September 01, 2008Sapna Desai (Cornell University - School of Law) has posted Genocide Funding: The Constitutionality of State Divestment Statutes (Cornell Law Review, Forthcoming) on SSRN. Here is the abstract:This Note argues that given congressional authorization, state statutes mandating divestments in Sudan...
Legal Theory Lexicon: Primary and Secondary Rules
Posted on August 31, 2008Introduction Most law students begin to notice that there is a fundamental difference between the kinds of legal rules that come up in torts & criminal law, on the one hand, and the sorts of legal rules that arise in...
Legal Theory Bookworm
Posted on August 30, 2008The Legal Theory Bookworm recommends On the Side of the Angels: An Appreciation of Parties and Partisanship by Nancy L. Rosenblum. Here is a description:Political parties are the defining institutions of representative democracy and the darlings of political science...
Download of the Week
Posted on August 30, 2008The Download of the Week is Class Certification in the Age of Aggregate Proof by Richard A. Nagareda. Here is the abstract:Few pre-trial motions in our civil justice system elicit as much controversy as those for the certification of class...
Buchanan on Intergenerational Justice
Posted on August 29, 2008Neil H. Buchanan (George Washington University Law School) has posted What Do We Owe Future Generations? (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract:In the United States, it is common for legal scholars, economists, politicians and others...
Rosenfeld on Constitutional Ordering
Posted on August 29, 2008Michel Rosenfeld (Cardozo Law School) has posted Rethinking Constitutional Ordering in an Era of Legal and Ideological Pluralism (International Journal of Constitutional Law (I.CON), Vol. 6, Nos.3-4, October 2008) on SSRN. Here is the abstract:We live in an increasingly pluralistic...
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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...








