Browsing Harvard Law School by Title

Now showing items 1124-1143 of 2411

    • Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs 

      Sunstein, Cass Robert; Vermeule, Adrian (2005)
      Recent evidence suggests that capital punishment may have a significant deterrent effect, preventing as many eighteen or more murders for each execution. This evidence greatly unsettles moral objections to the death penalty, ...

    • Is Cost-Benefit Analysis a Foreign Language 

      Sunstein, Cass Robert (Taylor & Francis, 2018)
      Do people think better in a foreign language? In some ways, yes. There is considerable evidence to this effect, at least to the extent that they are less likely to rely on intuitions that can lead to serious errors. This ...

    • Is Delaware's Corporate Law Too Big to Fail? 

      Roe, Mark J. (Brooklyn Law School, 2008)
      An enduring inquiry for American corporate law scholars is why the small state of Delaware dominates corporate chartering in the United States. Several theories explain the result. I add another partial explanation: size ...

    • Is Delaware’s Antitakeover Statute Unconstitutional? Further Analysis and a Reply to Symposium Participants 

      Subramanian, Guhan; Herscovici, Steven; Berbetta, Brian (American Bar Association, 2010)
      In an Article published in the May 2010 issue of the Business Lawyer, we examined Delaware doctrine and presented new evidence to conclude that the empirical claim that the federal courts relied upon to uphold Delaware’s ...

    • Is Deontology a Heuristic? On Psychology, Neuroscience, Ethics, and Law 

      Sunstein, Cass Robert (2013)
      A growing body of psychological and neuroscientific research links dual-process theories of cognition with moral reasoning (and implicitly to legal reasoning as well). The relevant research appears to show that at least ...

    • Is It Necessary to Apply Physical Pressure to Terrorists - And to Lie about It 

      Dershowitz, Alan Morton (1989)

    • Is Moral Reasoning Conceptual Interpretation 

      Fallon, Richard Henry (The Boston University School of Law, 2010)

    • Is OSHA Unconstitutional? 

      Sunstein, Cass Robert (Virginia Law Review Association, 2008)
      Under the Occupational Safety and Health Act, the Secretary of Labor is authorized to issue whatever standards are reasonably necessary or appropriate to provide safe or healthful places of employment. More than any other ...

    • Is Pluralism an Ideal or a Compromise: An Essay for Carol Weisbrod 

      Minow, Martha Louise (University of Connecticut School of Law, 2008)
      How much room should a secular democracy ensure for religious and ethnic subgroups - and when it does so, is this a matter of normative principle or instead a compromise of principles? A prime context for this question ...

    • Is Privacy a Woman? 

      Suk, Jeannie Chi Young (Georgetown Law Journal Association, 2009)
      This essay is about the representation of privacy. Focusing on several of the Supreme Court's Fourth Amendment cases regarding the police and the home, I explore judicial articulations of the meaning of private space. ...

    • Is Rulemaking Old Medicine at the FDA? 

      Carey, John C. (1997)
      The first three parts of this paper describe the major burdens placed on agency rulemaking by each branch of the government over the past thirty years, with specific focus on the burdens that presently affect FDA rulemaking. ...

    • Is Subversion Subversive? 

      Wiseman, Zipporah; Abrams, Kathryn; Franke, Katherine; Kennedy, David W. (University of Texas at Austin, School of Law Publications, Inc, 2003)
      In the framework of the conference, which was an attempt to look at subversion in the past, present, and hopefully in the future, there was an omnipresent theme which Janet Halley started us off with in the opening round ...

    • Is the Clean Air Act Unconstitutional? 

      Sunstein, Cass Robert (2015-01-20)
      When the Environmental Protection Agency (EPA) issues national ambient air quality regulations, it should meet two requirements. First, the EPA should specify, to the extent possible in quantitative terms, the range of ...

    • "Is the Copy Better than the Original? The Regulation of Orphan Drugs: a US-EU Comparative Perspective" 

      Garcia, Anton Leis (2004)
      The US Orphan Drug Act of 1983 pioneered the regulation of this type of medicines, and its success encouraged other countries to enact similar legislation. Among these new orphan drug laws is the one that was drafted in ...

    • Is the FDA Sexist? Sex and the Drug Approval Process 

      Petrovic, Emily S. (2003)
      This paper examines the role of sex in the drug approval process. Medical literature has explored in great depth the many ways in which men and women differ, sometimes dramatically, often in ways that are seemingly unrelated ...

    • Is the Third Amendment Obsolete 

      Horwitz, Morton J. (1991)

    • Is There a Constitutional Right to Clone? 

      Sunstein, Cass Robert (2002)
      Recent scientific innovations, and proposed legislation, have raised questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional “right to clone.” ...

    • Is Tobacco a Drug? Administrative Agencies as Common Law Courts 

      Sunstein, Cass Robert (Duke University School of Law, 1998)
      Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its ...

    • Islamic Constitutionalism in Context: A Typology and a Warning 

      Feldman, Noah R. (2010)

    • I’m Not Quite Dead Yet – And Other Health Care Observations 

      Elhauge, Einer Richard (2013)