Browsing Harvard Law School by Title
Now showing items 154-173 of 2411
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Beyond Commodification: Contract and the Credit-Based World of Modern Capitalism
(Harvard University Press, 2010) -
Beyond Food or Drug: An Examination of Food and Drug Law Through a Study of Cannibalism
(2002)This paper attempts to explore some of the limitations within the Food, Drug and Cosmetics Act's definition of "food" and "drug". Much of the preexisting scholarly debate has focused on hybrids between foods and drugs, ... -
Beyond Judicial Minimalism
(2007)Many judges are minimalists. They favor rulings that are narrow, in the sense that they govern only the circumstances of the particular case, and also shallow, in the sense that they do not accept a deep theory of the legal ... -
Beyond Nigiri and Anisakiasis, The Tale of Sushi: History and Regulation
(2006)This paper is an exploration of the history of sushi consumption in the United States and how the ingredients of sushi are regulated. The paper delineates the course of sushi’s culinary history in Japan, ... -
Beyond the Precautionary Principle
(2003)The precautionary principle has been highly influential in legal systems all over the world. In its strongest and most distinctive forms, the principle imposes a burden of proof on those who create potential risks, and it ... -
Bidding for Ballplayers: A Research Note
(jointly published by the German-Japanese Association of Jurists (DJJV) and the Max Planck Institute for Foreign Private and Private International Law (MPI) in Hamburg, 2008)Is Japanese baseball a different sport from American baseball? In this short research note, we take a new approach to the question Robert Whiting posed so famously three decades ago. Reasoning that owners bid for players ... -
Bilateralism, Multilateralism, and the Architecture of International Law
(Harvard University, Harvard Law School, 2008)This paper studies the different roles, impact, and operation of bilateral treaties and multilateral treaties as structures within the architecture of international law. I observe that the preference for bilateralism or ... -
Biodiversity as a multidimensional construct: a review, framework and case study of herbivory's impact on plant biodiversity
(The Royal Society, 2016)Biodiversity is inherently multidimensional, encompassing taxonomic, functional, phylogenetic, genetic, landscape and many other elements of variability of life on the Earth. However, this fundamental principle of ... -
Biopharmaceuticals: The Patent System and Incentives for Innovation
(2004)This paper discusses the requirements for patentability as applied to biotechnology and pharmaceutical inventions. Focusing on case law from the Court of Appeals for the Federal Circuit, as well as guidelines issued by the ... -
BIOPHARMING: UNIQUE CHALLENGES AND POLICY PROPOSALS
(2004)Biopharming is the genetic engineering of plants to produce novel pharmaceuticals and useful industrial compounds. It has the potential to provide revolutionary benefits, but it also raises a host of daunting challenges. ... -
BIOPROSPECTING AND THE CONVENTION ON BIOLOGICAL DIVERSITY
(2000)This paper attempts to assess the economic value of biodiversity to commercial bioprospectors and source countries, surveys the provisions of the CBD that deal directly with bioprospecting, examines the types of legal ... -
Biotechnology and the Labeling Dilemma
(2001)This paper will examine the arguments and motivations underlying the FDA stand against mandatory labeling of genetically engineered foods and ingredients. Part I of the paper will describe FDA’s current ... -
Bioterrorism and the Food Drug Administration: H.R. 3448, Related Legislation, and the FDA’s Expanding Role in Preventing and Responding to Biological Attack
(2002)This paper examines the potential impact of recent and proposed bioterrorism legislation on the U.S. Food and Drug Administration (FDA). It concludes that at least one such piece of legislation, H.R. 3448, the â&eu ... -
Black America's Promised Land: Why I Am Still a Racial Optimist
(New Prospect, Inc., 2014)The economic meltdown that accompanied Obama to the White House (and probably played a major role in his initial election) devastated the earnings and assets of black Americans. Since his election, they have not recouped ... -
Black on Brown
(2004)The most important and illuminating early writing on Brown v. Bd. of Education is a nine-page essay by Charles Black. Black memorably shows that segregation was a crucial part of a racial caste system. At the same time, ... -
Blame Canada?: State Prescription Drug Importation Programs, the Federal Response, and Why Lawmakers Are Up in Arms
(2006)A growing war on drugs threatens to turn septuagenarians into scofflaws and state governors into full-fledged lawbreakers. As American citizens—especially the powerful elderly constituency†... -
The Blame Frame: Justifying (Racial) Injustice in America
(2006)This Article attempts to elucidate how our forebears, who were presumably as devoted to justice and liberty in their times as we are in ours, failed to condemn behaviors that are today widely viewed as patently oppressive, ... -
The Blind Expert: A Litigant-Driven Solution to Bias and Error
(2010)America spends hundreds of billions of dollars on its system of civil litigation, and expert witnesses appear in the vast majority of cases. Yet, litigants currently select and retain expert witnesses in ways that create ... -
Book Review
(Temple University School of Law, 2010)