Category Archives: Legal Theory

Fannon & Sjåfjell on Corporations, Sustainability, & Gender

Irene Lynch Fannon (School of Law, University College Cork) & Beate Sjåfjell (University of Oslo, Faculty of Law, Department of Private Law) have posted Corporations, Sustainability and Women (Creating Corporate Sustainability: Gender as an Agent for Change. Beate Sjafjell and Irene Lynch Fannon (eds.) Cambridge University Press, 2018) on SSRN.  Here is the abstract: This chapter sets the scene for our enquiry regarding sustainability, corporate law theory and the role of gender. This volume is in three parts described in this chapter. First, in Part 1 we present a consideration of the influence of women who have experienced aggressive corporate action first hand and who have sought, as activists, to change the corporate response to improve their lives. Second the chapter provides an introduction Part II where we critique top-down efforts in developed countries to change corporate action by emphasising the importance of particular social goods such….. To continue reading this legal news please click Read full information...

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Scientists declare octopi life from another world / Boing Boing

Evidence of the octopus evolution show it would have happened too quickly to have begun here on Earth. Published in the Progress in Biophysics and Molecular Biology Journal, 33 scientists have declared the invertebrate sea-dweller an alien whose eggs landed from space. via boingboing.net Some of us suspected all along... To continue reading this legal news please click Read full information...

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Legal Theory Lexicon: Legitimacy

Introduction Legitimacy. It’s a word much bandied about by students of the law. “Bush v. Gore was an illegitimate decision.” “The Supreme Court’s implied fundamental rights jurisprudence lacks legitimacy.” “The invasion of Iraq does not have a legitimate basis in international law.” We’ve all heard words like these uttered countless times, but what do they mean? Can we give an account of “legitimacy” that makes that concept meaningful and distinctive? Is “legitimacy” one idea or is it several different notions, united by family resemblance rather than an underlying conceptual structure? This entry in the Legal Theory Lexicon theory will examine the concept of legitimacy from various angles. As always, the Lexicon is aimed at law students, especially first-year law students, with an interest in legal theory. Normative and Sociological Legitimacy Let’s begin with the distinction between normative….. To continue reading this legal news please click Read full information...

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Obama’s Legacy Has Already Been Destroyed

In economic policy, Obama’s slow winnowing of the deficit even in times of sluggish growth has been completely reversed. We too easily forget that the biggest accomplishment of Trump’s term in office so far — a massive increase in debt in a time of robust economic growth — is the inverse of Obama’s studied sense of fiscal responsibility. Nothing in modern fiscal history can match Trump’s recklessness — neither Reagan’s leap of faith nor George W. Bush’s profligacy — and it’s telling that the Democrats and the liberal intelligentsia have accommodated so swiftly to it. Nothing is so unfashionable right now as worrying about debt. via nymag.com.. To continue reading this legal news please click Read full information...

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Zinos on Fundamental Rights in Early American Case Law

Nicholas Zinos (Mitchell Hamline School of Law) has posted Fundamental Rights in Early American Case Law: 1789-1859 (Forthcoming British Journal of American Legal Studies Vol. 7) on SSRN.  Here is the abstract: Fundamental Rights Law is a ubiquitous feature of modern American jurisprudence. Where did the term “Fundamental Rights” come from, and how was it applied in early American case law? This article outlines the genesis of fundamental rights law in early 17th century England and how this law developed and was applied over time. The English Bill of Rights of 1689 was the first attempt to codify these rights in English law. When the English legal system emigrated to America along with the early American colonists, it included the English conception of fundamental rights. The framers of the United States Constitution incorporated and expanded these rights. Early American Case law kept strictly within this tradition for the most past, and used the….. To continue reading this legal news please click Read full information...

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