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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.
Waldron on the Desirability of Precision in Rules Regarding Torture & Assisted Suicide
Posted on December 15, 2010Jeremy Waldron (New York University (NYU) - School of Law) has posted Torture, Suicide, and Determinatio (The American Journal of Jurisprudence, Vol. 55, 2010) on SSRN. Here is the abstract: In natural law theory, "determinatio" is the process by which...
Hayden & Ellis on Efficiency & Corporate Law Theory
Posted on December 15, 2010Grant M. Hayden (Hofstra University - School of Law) & Stephen E. Ellis (University of Oklahoma) have posted The Cult of Efficiency in Corporate Law (Virginia Law & Business Review, Vol. 5, No. 2, Fall 2010) on SSRN. Here is...
Senftleben on EC Fair Use Doctrine
Posted on December 15, 2010Martin Senftleben (VU University Amsterdam, Faculty of Law) has posted Bridging the Differences between Copyright's Legal Traditions ? The Emerging EC Fair Use Doctrine (Journal of the Copyright Society of the U.S.A., Vol. 57, No. 3, pp. 521-552, Spring 2010)...
Linderfalk on Jus Cogens
Posted on December 14, 2010Ulf Linderfalk (Faculty of Law, Lund University) has posted What's so Special About Jus Cogens? On the Disinction between the Ordinary and the Peremptory International Law on SSRN. Here is the abstract: International lawyers distinguish between jus cogens and ordinary...
Burbank & Subrin on Twombly & Iqbal as Procedural Attacks on Democracy
Posted on December 14, 2010Stephen B. Burbank (University of Pennsylvania Law School) & Stephen Subrin have posted Litigation and Democracy: Restoring a Realistic Prospect of Trial (Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 46) on SSRN. Here is the abstract: In this...
Vermeule & Posner on Carl Schmitt
Posted on December 14, 2010Adrian Vermeule and Eric A. Posner (Harvard University - Harvard Law School and University of Chicago - Law School) have posted Demystifying Schmitt (CAMBRIDGE COMPANION TO CARL SCHMITT, Forthcoming) on SSRN. Here is the abstract: Carl Schmitt is too important...
Waldron on Constitutionalism
Posted on December 14, 2010Jeremy Waldron (New York University (NYU) - School of Law) has posted Constitutionalism: A Skeptical View on SSRN. Here is the abstract: This paper examines the ideology that goes by the name of "constitutionalism." The first part of the paper...
Book Announcement: Corporate Governance by Macey in Paperback
Posted on December 14, 2010Corporate Governance Promises Kept, Promises Broken Jonathan R. Macey To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8739.htmlwhere you will also find a podcast interview with the author. Even in the wake of the biggest financial crash...
Book Announcement: The Long Divergence by Kuran
Posted on December 14, 2010The Long Divergence How Islamic Law Held Back the Middle East Timur Kuran To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9273.html In the year 1000, the economy of the Middle East was at least as...
Wishnie on Proportionality in Immigration Policy
Posted on December 14, 2010Michael J. Wishnie (Yale Law School) has posted Proportionality: The Struggle for Balance in U.S. Immigration Policy (University of Pittsburgh Law Review, Vol. 72, 2011) on SSRN. Here is the abstract: The current debate regarding state and local enforcement of...
Garry on the First Amendment & Equal Protection
Posted on December 14, 2010Patrick M. Garry (University of South Dakota - School of Law) has posted An Equal Protection View of the First Amendment (Quinnipiac Law Review, Vol. 28, No. 4, p. 787, 2010) on SSRN. Here is the abstract: This article considers...
Freer & Arthur on Shady Grove & Byrd
Posted on December 13, 2010Richard D. Freer and Thomas C. Arthur (Emory University School of Law and Emory University School of Law) have posted The Irrepressible Influence of Byrd (Creighton Law Review, Forthcoming) on SSRN. Here is the abstract: This piece will appear in...
Segall, Gans, and Gavison on Kymlicka on Multiculturalism
Posted on December 13, 2010Shlomi Segall, Chaim Gans (Tel Aviv University - Buchmann Faculty of Law), Ruth E. Gavison (Hebrew University of Jerusalem - Faculty of Law), & Will Kymlicka (Queen's University) have posted Book Symposium on Will Kymlicka?s Multicultural Odysseys on SSRN...
Waldron on Secularism and the Limits of Community
Posted on December 13, 2010Jeremy Waldron (New York University (NYU) - School of Law) has posted Secularism and the Limits of Community on SSRN. Here is the abstract: This paper addresses two issues: (1) the use of religious considerations in social and political argument;...
Individual Mandate Decision (Updated again with more links & analysis)
Posted on December 13, 2010The decision was just handed down. As I read the opinion, there are three key take-away points: The individual mandate is outside of Congress's power under the Commerce Clause & the Necessary and Proper Clause because (a) it is not...
Weill on Vermeule on Law and the Limits of Reason
Posted on December 13, 2010Rivka Weill (Radzyner School of Law - Interdisciplinary Center) has posted Can We Reason About Reason? On Adrian Vermeule?s Law and the Limits of Reason (Jerusalem Review of Legal Studies, Vol. 2, pp. 15-32, 2010) on SSRN. Here is the...
Harel on Vermeule on Law & the Limits of Reason
Posted on December 13, 2010Alon Harel (Hebrew University of Jerusalem - Faculty of Law) has posted The Vices of Epistemic Institutionalism (Jerusalem Review of Legal Studies, Vol. 2, p. 5-15, 2010) on SSRN. Here is the abstract: This is Alon Harel's contribution to the...
Reflections on Bush v. Gore
Posted on December 13, 2010On Election Law Blog: Rick Hasen has an introduction. Lyle Denniston, That Night at the Courthouse Ned Foley, Bush v. Gore in Historical Perspective (Moritz) Heather Gerken, Rethinking the 2000 Fiasco Rick Hasen, Election Hangover: The Real Legacy of Bush...
Book Announcement: The Handbook of Comparative Criminal Law, edited by Heller & Dubber
Posted on December 13, 2010The Handbook of Comparative Criminal Law Edited by Kevin Heller & Markus Dubber This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage...
Legal Theory Lexicon: Social Welfare Functions
Posted on December 12, 2010Introduction One of the key ideas in contemporary economic theory in general and law and economics in particular is the social welfare function. Law students without a background in economics might be put off by the fact that social welfare...
Legal Theory Bookworm
Posted on December 11, 2010The Legal Theory Bookworm recommends Legality by Scott J. Shapiro. Here is a description: What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could...
Download of the Week
Posted on December 11, 2010The Download of the Week is The Substance-Procedure Relationship in Criminal Law by Donald W. Dripps. Here is the abstract: This chapter, contributed to Philosophical Foundations of Criminal Law, edited by Antony Duff and Stuart Green, forthcoming from Oxford in...
Schuster on Technical Trained Judges & Patent Claim Construction Reversal Rates
Posted on December 11, 2010W. Michael Schuster II (United States District Court (S.D. Tex., Houston Div.)) has posted Claim Construction and Technical Training: An Empirical Study of the Reversal Rates of Technically Trained Judges in Patent Claim Construction Cases on SSRN. Here is the...
Telman on Kelsen in the United States
Posted on December 10, 2010D. A. Jeremy Telman (Valparaiso University School of Law) has posted A Path Not Taken: Hans Kelsen's Pure Theory of Law in the Land of the Legal Realists (HANS KELSEN ANDERSWO/HANS KELSEN ABROAD, pp. 353-376, Robert Walter, Clemens Jabloner &...
Berman on a Jurisprudence of Hybridity
Posted on December 10, 2010Paul Schiff Berman (Princeton University and Sandra Day O'Connor College of Law) has posted Towards a Jurisprudence of Hybridity (Utah Law Review, No. 1, p. 11, 2010) on SSRN. Here is the abstract: In this Essay, I start by referencing...
Snyder on the Judicial Genealogy of John Roberts
Posted on December 10, 2010Brad Snyder (University of Wisconsin Law School) has posted The Judicial Genealogy (and Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts (Ohio State Law Journal, Vol. 71, No. 1149, 2010) on SSRN. Here is the...
Johnson on the "Common Use" Standard & the Second Amendment
Posted on December 10, 2010Nicholas James Johnson (Fordham University - School of Law) has posted The Second Amendment in the States and the Limits of the Common Use Standard on SSRN. Here is the abstract: This article shows how mechanical functionality and existing regulatory...
Viterbo on Childhood & the Israeli-Palestinian Case
Posted on December 10, 2010Hedi Viterbo (London School of Economics - Law Department) has posted The Age of Conflict: Rethinking Childhood, Law, and Age Through the Israeli-Palestinian Case (Law & Childhood Studies - Current Legal Issues, Vol. 14, 2011) on SSRN. Here is the...
Batlan on Florence Kelley & Progressive Constitutionalism
Posted on December 10, 2010Felice Batlan (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Florence Kelley and the Battle Against Laissez-Faire Constitutionalism on SSRN. Here is the abstract: The usual story of the demise of laissez-faire constitutionalism in the 1930?s features...
Jiménez on EU Citizenship
Posted on December 09, 2010Pablo Jiménez (ANU Centre for European Studies) has posted EU Citizenship and Political Identity: The Demos and Telos Problems on SSRN. Here is the abstract: Citizenship is the cornerstone of a democratic polity. It provides a sense of belonging in...
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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...








