Browsing Harvard Law School by Title
Now showing items 1031-1050 of 2408
-
The Inevitable Globalization of Constitutional Law
(Virginia Journal of International Law Association, 2009)This Essay examines the forces pushing the presently varying forms of domestic constitutional law toward each other, and the sources of and forms of resistance to that globalization (or convergence, or harmonization). After ... -
The Inevitable Instability of American Corporate Governance
(2004)American corporate governance faces two core instabilities. The first is the separation of ownership from control - distant and diffuse stockholders own, while concentrated management controls - a separation that creates ... -
Inexcusable Wrongs
(California Law Review Inc., 2015)Tort law has little patience for excuses. Criminal law is more forgiving—it recognizes nominate excuses such as duress and provocation, as well as innominate excuses that temper punishment. Excuses are also commonplace in ... -
Infant formula: A comparison of legislation in the United States and Taiwan
(2014-03-18)This paper examines and contrasts the legal framework in the United States and comparable legislation in Taiwan. Prompted by the Syntex incident, the U.S. Congress passed the Infant Formula Act of 1980, and delegated the ... -
THE INFERTILITY INDUSTRY: INSPIRING TECHNOLOGY GIVES BIRTH TO COMPLEX MORAL UNCERTAINTIES
(2002)Assisted reproductive technologies (ART) are rapidly advancing, permitting more couples and individuals to overcome their infertility. These advances, taking place largely outside the reach or view of government regulation ... -
The Influence of Antitakeover Statutes on Incorporation Choice: Evidence on the "Race" Debate and Antitakeover Overreaching
(University of Pennsylvania, 2002)Commentators have long debated whether competition among states for corporate charters represents a race to the top or a race to the bottom. Race-to-the-top advocates have recently gained ground in this debate on the basis ... -
The Influence of Catholic Social Doctrine on Human Rights
(2013)In the history of Catholic social doctrine, surely one of the most important developments has been the Church’s assimilation of what Pope Benedict XVI has called the ‘true conquests of the Enlightenment’.1 Nowhere is ... -
Informal Guidance and the FDA
(2011)This article discusses how the Food and Drug Administration has come to adopt informal guidance (agency advice that influences regulated entities but does not carry the force and effect of law) as its primary method of ... -
Information Acquisition and Institutional Design
(Harvard University, Harvard Law School, 2011) -
Information and the Aim of Adjudication: Truth or Consequences?
(2015)Adjudication is fundamentally about information, usually concerning individuals’ previous or proposed behavior. Legal system design is challenging because information ordinarily is costly and imperfect. This Article analyzes ... -
Informational Regulation and Informational Standing: Akins and Beyond
(University of Pennsylvania, 2014-09-18)This Article discusses informational regulation and informational standing. It outlines the rise of informational regulation as an alternative to government command-and-control and offers a discussion of why and when ... -
Informed Trading and False Signaling with Open Market Repurchases
(California Law Review Inc., 2005)Public companies in the United States and elsewhere increasingly use open market stock buybacks, rather than dividends, to distribute cash to shareholders. Academic commentators have emphasized the possible benefits of ... -
"Informed" Consent and Human Experimentation: Present Status, Pitfalls, and the Need for Reform
(2001)To demonstrate the inadequacies of informed consent in the contemporary context and the need for better subject protection, this paper begins by scrutinizing the rise of modern informed consent doctrine in international ... -
Injury in Fact, Then and Now (and Never Again): Summers v. Earth Island Institute and the Need for Change in Environmental Standing Law
(2009-11-20)This article has 3 goals: to describe the origins and development of environmental standing law, to present theoretical objections to the requirement that environmental plaintiffs demonstrate an “injury in fact” as it is ... -
Inside Insite: How a Localized Social Movement Led the Way for North America’s First Legal Supervised Injection Site
(2015)This paper explores the connection between law and social change by looking at Insite, North America’s first legal supervised injection site, as a case study. The paper focuses on how the Canadian Supreme Court was primed ... -
Insider Trading Regulation in Japan
(Edward Elgar, 2013)The U.S.-controlled occupation imposed on Japan in the late 1940s an American-style securities statute. The U.S. statute did not ban insider trading at the time, and neither did the new Japanese law. Not until the 1960s ... -
Insider Trading via the Corporation
(University of Pennsylvania, 2014) -
Institutional Design of a Thayerian Congress
(Duke University School of Law, 2001) -
Institutional Flip-Flops
(2015)Many people vigorously defend particular institutional judgments on such issues as the filibuster, recess appointments, executive privilege, federalism, and the role of the courts. These judgments are defended publicly ...