Author Archives: F. E. Guerra-Pujol

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About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.

Natural Law Day

The great medieval scholar Thomas Aquinas, father of modern natural law theory, died on this day in 1274.

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Critique of Hardin’s theory of constitutions

Russell Hardin (1999, pp. 88-89) gives three reasons why a constitution is NOT like a contract. First, according to Hardin, a constitution is designed to create a government for a large group of people; a contract, by contrast, is designed … Continue reading

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Spring break readings

Welcome to our eclectic scholarly jungle! Our Spring Break is still a week away, but here is what we’ve been reading or rereading or will start reading over our break: Unwritten Rules, an essay by Stephen Sniderman. Fides et Ratio … Continue reading

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Copyleft (Havana remix edition)

As Daddy Yankee raps in the Spanish version of Camila Cabello’s beautiful song Havana: la libertad que bien te sabe! According to Wikipedia, copyleft is the Internet-era practice of allowing people the right to freely distribute copies and modified versions … Continue reading

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Bayesian verdicts

That is the title of our first submission to The Journal of Brief Ideas. In brief (pun intended), The Journal of Brief Ideas is an open access scholarly digest of micro papers that set forth new ideas in 200 words … Continue reading

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Due process, gender equality, and the shadow of Title IX

In my previous post, we asked an important procedural legal question: what burden of proof should schools and universities use to adjudicate student misconduct cases? Alas, there is a trade off between accuracy and fairness, between truth and error. The … Continue reading

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Facemash and the burden of proof

Did Mark Zuckerberg intend to harm or offend anyone when he created Facemash back in ’03? The answer to this question might depend on the burden of proof. In general, when someone is accused of wrongdoing like hacking or theft … Continue reading

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What is sexual harassment?

As I mentioned in my previous post, my students (playing the roles of Harvard law professors circa 2003-04) will be re-enacting a faculty tea and debating a number of contentious questions relating to Harvard’s response to the Facemash incident. Let’s … Continue reading

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Debating Due Process (Game Day 2)

As I mentioned in a previous post, this semester my business law students are playing a role immersion game based on a hacking incident that occurred at Harvard in the fall of 2003, when Harvard sophomore Mark Zuckerberg created a … Continue reading

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Sour Patch Madness

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