Browsing Harvard Law School by Title
Now showing items 1532-1551 of 2411
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“Only Procedural”: Thoughts on the Substantive Law Dimensions of Preliminary Procedural Decisions in Employment Discrimination Cases
(2013)This brief essay was written for a symposium volume, Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination, based on presentations at a conference at New York Law School in April 2012. ... -
Optimal Abuse of Power
(Northwestern University Law School, 2014)I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will ... -
Optimal Discretion in the Application of Rules
(Oxford University Press, 2007)Discretion is examined as a feature of the design of rule-guided systems. That is, given that rules have to be administered by some group of persons, called adjudicators, and given that their goals may be different from ... -
Optimal Income Transfers
(Kluwer Academic Publishers, 2007)A substantial literature addresses the design of transfer programs and policies, including the negative income tax, other means-tested transfers, the earned income tax credit, categorical assistance, and work inducements. ... -
Optimal Law Enforcement with Self-Reporting of Behavior
(University of Chicago Press, 1994)Self-reporting--the reporting by parties of their own behavior to an enforcement authority--is a commonly observed aspect of law enforcement, such as in the context of environmental and safety regulation. We add self-reporting ... -
Optimal Policy with Heterogeneous Preferences
(Berkeley Electronic Press, 2008)Optimal policy rules—including those regarding income taxation, commodity taxation, public goods, and externalities—are typically derived in models with homogeneous preferences. This article reconsiders many central results ... -
Optimal Political Control of the Bureaucracy
(Michigan Law Review, 2008)It is widely believed that insulating an administrative agency from the influence of elected officials, whatever its other benefits or justifications, reduces the agency's responsiveness to the preferences of political ... -
Optimal Proof Burdens, Deterrence, and the Chilling of Desirable Behavior
(American Economic Association, 2011) -
Optimal Sanctions When Individuals Are Imperfectly Informed about the Probability of Apprehension
(University of Chicago Press, 1992)No abstract provided. -
An Optimal Tax System
(Wiley-Blackwell, 2011)A notable feature and principal virtue of Tax by Design is its system-wide perspective on different elements of the tax system. This review essay builds on this trait and offers a more explicit foundation for the report's ... -
The Optimist's Tale
(University of Pennsylvania, 1984) -
Option Backdating and Its Implications
(School of Law, Washington and Lee University, 2008)Thousands of US companies appear to have secretly backdated stock options. This paper analyzes three forms of secret option backdating: (1) the backdating of executives' option grants; (2) the backdating of non-executive ... -
Oracle v. PeopleSoft: A Case Study
(Students of the Harvard Law School, 2007)This case describes Oracle's hostile takeover bid to acquire PeopleSoft, which began with an unsolicited cash tender offer at $16.00 per share in June 2003 and ended with a negotiated deal at $26.50 per share in December ... -
ORAL CONTRACEPTIVES AND THE LEARNED INTERMEDIARY DOCTRINE
(2002)Ordinarily prescription drug manufacturers aren’t required to give direct warnings to patients regarding the risks associated with their products. Instead, manufacturers need only inform the prescribing ... -
Original Intent
(Green Bag, Inc., 2013) -
Originalism and Emergencies: A Reply to Lawson
(The Boston University School of Law, 2007)