Browsing Harvard Law School by Title
Now showing items 1501-1520 of 2408
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On Avoiding Foundational Questions
(Stanford Law School, 2007)In both legal practice and legal scholarship, it is sometimes best to proceed without attempting to answer the foundational questions. Originalists can inquire into the original public meaning of the Equal Protection Clause ... -
On Being a Religious Professional: The Religious Turn in Professional Ethics
(University of Pennsylvania, 2001) -
On Competence, Legitimacy, and Proportionality
(University of Pennsylvania, 2012) -
On Judgment
(Lewis & Clark Law School, 2011)The Supreme Court’s constitutional decisions have been a mixed blessing. Some of the Court’s most celebrated decisions have, in the long run, done more harm than good. Mapp v. Ohio, while it might have done a certain amount ... -
On Learning From Others
(Stanford Law School, 2007)Some people think that the practices of many courts in many countries, or in many relevant countries, offer helpful guidance to courts in other countries, when those courts are approaching hard or novel questions. In their ... -
On Not Revisiting Official Discount Rates: Institutional Inertia and the Social Cost of Carbon
(2014-09-22)Within the federal government, official decisions are a product of both substantive judgments and institutional constraints. With respect to discounting, current practice is governed by OMB Circular A-4 and the 2010 and ... -
On Plaintiff Incentive Payments
(2007) -
On Property and Constitutionalism
(2014-09-09) -
On the (Ir)Relevance of Distribution and Labor Supply Distortion to Government Policy
(American Economic Association, 2004)No abstract provided. -
On the Cartel Bogie
(Fletcher School of Law and Diplomacy, 1977) -
On the Choice of Welfare Standards in Competition Law
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2011)This article addresses two issues relating to the choice between a consumer welfare and total welfare standard for competition law. First, it considers whether distributive considerations may favor a consumer welfare ... -
On the Costs and Benefits of Aggressive Judicial Review of Agency Action
(Duke University School of Law, 1989) -
On the Economy of Concepts in Property
(University of Pennsylvania, 2012)Legal concepts, like concepts generally, help economize on information. Conventional wisdom is correct to associate conceptualism with formalism, but misunderstands the role concepts play in law. Commentators from the Legal ... -
On the Efficiency of Privately Stipulated Damages for Breach of Contract: Entry Barriers, Reliance, and Renegotiation
(RAND, 1995)Two roles for stipulated damage provisions have been debated in the literature: protecting relationship-specific investments and inefficiently excluding competitors. Aghion and Bolton (1987) formally demonstrate the latter ... -
On the Expressive Function of Law
(University of Pennsylvania, 1996) -
On the Meaning of Horizontal Agreements in Competition Law
(California Law Review Inc., 2011)Competition law’s prohibition on price fixing and related horizontal agreements is one of its few uncontroversial provisions and is understood to be well grounded in economic principles that are taken to provide the ... -
On the Optimal Burden of Proof
(University of Chicago Press, 2011)The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement ... -
On the Possibility of Necessity in Legal Argument: A Dilemma for Holmes and Dewey
(The John Marshall Law School, 2000) -
On The Right to Get High
(2002)This paper argues that the criminalization of drugs, via the criteria the FDA [Food and Drug Administration] uses to put drugs into different schedules, is illegitimate on scientific and philosophical grounds. The most ...