Browsing Harvard Law School by Title
Now showing items 1341-1360 of 2409
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The Market as a Matter of Money: Denaturalizing Economic Currency in American Constitutional History
(Wiley-Blackwell for the American Bar Foundation, 2005) -
Market Definition
(Oxford University Press, 2014)Market definition has long held a central place in competition law. This entry surveys recent analytical work that has called the market definition paradigm into question on a number of fronts: whether the process is ... -
Market Definition Alchemy
(Harvard John M. Olin Center for Law, Economics, and Business, 2013)In a recent series of articles, I argue that the market definition/market share paradigm should be abandoned entirely. Among my central claims are that: (1) as a matter of economic logic, there exists no valid way to infer ... -
Market Definition and the Merger Guidelines
(Springer Nature, 2011)The recently issued revision of the U.S. Horizontal Merger Guidelines, like its predecessors and mirrored by similar guidelines throughout the world, devotes substantial attention to the market definition process and the ... -
Market Definition, Market Power
(2015)Market definition and market power are central features of competition law and practice but pose serious challenges. On one hand, market definition suffers decisive logical infirmities that render it infeasible, unnecessary, ... -
Market Efficiency after the Financial Crisis: It's Still a Matter of Information Costs
(Virginia Law Review Association, 2014)Compared to the worldwide financial carnage that followed the Subprime Crisis of 2007–2008, it may seem of small consequence that it is also said to have demonstrated the bankruptcy of an academic financial institution: ... -
Market Efficiency and Rationality: The Peculiar Case of Baseball
(Michigan Law Review, 2004) -
The Market for Corporate Law
(Mohr, 2006)This paper develops a model of the competition among states in providing corporate law rules. The analysis provides a full characterization of the equilibrium in this market. Competition among states is shown to produce ... -
Market Share Thresholds: On the Conflation of Empirical Assessments and Legal Policy Judgments
(Oxford University Press, 2011)In competition law, market power requirements are often articulated in terms of market shares. The use of market share thresholds, however, conflates two distinct questions: (1) How much market power exists in a given ... -
Markets and Discrimination
(The New York University Law Review, 2007)Despite decades of scholarship in law and economics, disagreement persists over the extent of employment discrimination in the United States, the correct explanation for such discrimination, and the normative implications ... -
Markets as Regulators: A Survey
(University of South California Law Center, 2007)Stock exchanges around the world have recently discarded their traditional mutual membership structure in favor of a for-profit corporate format. This development increased fears of conflicts of interest, as for-profit ... -
The Marshall Hypothesis Revisited
(Howard University School of Law, 2009) -
Massachusetts v. EPA: From Politics to Expertise
(University of Chicago Press, 2007)In Massachusetts v. Environmental Protection Agency (2007), the Supreme Court held, among other things, that the EPA has statutory authority to regulate greenhouse gases under the Clean Air Act, and that the agency cannot ... -
A Matter of Necessity: The Case for Mandating Health Insurance for Contraception
(2002)This paper examines the recent judicial, administrative, and federal and state legislative efforts to mandate contraceptive coverage. The paper analyzes the reasons why historically contraception has been excluded from ... -
The Meaning of Meat in Industrial Social Protest Novels;
(1996)For centuries, writers with political and social agendas have used fiction both to promote causes and to incite their readerships and legislatures into action. This article analyzes the attempts of two twentieth-century ... -
Medicaid Pharmacy Benefits Waiver Programs: A Deference Argument for Process in Informal Agency Actions
(2003)The proper level of judicial review for Section 1115 Medicaid demonstration program waiver (“waiverâ€) decisions made by the Secretary of the Department of Health and Human Services ... -
Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism
(Harvard Law School Program on International Law and Armed Conflict, 2015)The surge in armed conflicts involving terrorism has brought to the fore the general question of medical care in armed conflict and the particular legal protections afforded to those providing such care to terrorists. ... -
Medical Device Innovation In America: The Tensions Between Food and Drug Law and Patent Law
(2014-03-18)Medical devices are an extraordinarily large and important component of the delivery of healthcare services. This Paper examines the manner in which they are introduced into commerce and the ways in which legal privileges ...