Browsing Harvard Law School by Title
Now showing items 1714-1733 of 2411
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Property as a Constitutional Right
(1981) -
Property as the Law of Democracy
(Duke Law School, 2014)In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revitalized property law theory by emphasizing the architectural role that property plays in private law and the ways in which ... -
Property as the Law of Things
(Harvard University, Harvard Law School, 2012)The New Private Law takes seriously the need for baselines in general and the traditional ones furnished by the law in particular. One such baseline is the “things” of property. The bundle of rights picture popularized by ... -
The Property Clause Question
(Wiley-Blackwell, 2012)A “property clause” is a dedicated text in the written basic law of a constitutional-democratic state, addressing the question of the security of asset-holdings (and of their values to their owners) against impairment by ... -
Property Law and the Mortgage Crisis: Libertarian Fantasies and Subprime Realities
(Thomson Reuters (Professional) Australia, 2011)Libertarian thinking is on the rise in the United States, but libertarians wrongly characterise regulation as a deprivation of both freedom and property rights and an inefficient interference with the free market. While ... -
Property Law Conflicts
(Washburn University of Topeka, 2014)What law applies to real property? At one time the answer to this question was simple: the law of the situs. But then the choice-of-law revolution came and legal scholars began to see reasons to depart from the situs law ... -
Property Rights and Liability Rules: The Ex Ante View of the Cathedral
(Michigan Law Review, 2001)Beginning with Calabresi's and Melamed's seminal article, economic analysis of property rights and liability rules has been largely done from an ex post perspective, taking as given the presence of the parties involved and ... -
Property Rules Versus Liability Rules: An Economic Analysis
(Harvard Law School, 1996)Should property rights be protected absolutely -- by property rules -- or instead by the requirement that infringing parties pay for harm done--that is, by liability rules? In this article, we present a systematic economic ... -
Property, Contracts, and Politics
(2007) -
Proposed Instruction
(2001) -
Protecting Pointless Premiums:Comparing Organic Certification Standards to Consumer Motivations for Purchasing Organics
(2010)This paper seeks to compare the organic certification standards adopted and enforced by USDA against consumer motivations for buying organic foods. A well functioning certification system should ensure that organic foods ... -
Protecting the Ignorant, the Unthinking and the Credulous: Are the FDA's Efforts to Accelerate the Drug Approval Process Compromising Public Safety?
(2000)Recently, five approved prescription drugs were recalled in a one-year period after the Food and Drug Administration (FDA or the agency) deemed them to be too unsafe for patient use. Notorious among them was fenfluramine ... -
PROVIDING INCENTIVES TO INDUSTRY TO DEVELOP NEW CONTRACEPTIVES
(1995)This paper will discuss why this lack of contraceptive alternatives poses such a tremendous problem, and will describe the birth control options currently available. Additionally, the paper will describe the four main ... -
Prudent Investor Rule and Market Risk: An Empirical Analysis
(2015)The prudent investor rule, enacted in every state over the last 30 years, is the centerpiece of fiduciary investment law. Repudiating the prior law's emphasis on avoiding risk, the rule reorients fiduciary investment toward ... -
The Prudent Investor Rule and Market Risk: An Empirical Analysis
(Harvard John M. Olin Center for Law, Economics, and Business, 2015)The prudent investor rule, enacted in every state over the last 30 years, is the centerpiece of fiduciary investment law. Repudiating the prior law's emphasis on avoiding risk, the rule reorients fiduciary investment toward ... -
The Prudent Investor Rule and Trust Asset Allocation: An Empirical Analysis
(American College of Trust and Estate Counsel, 2010)This article reports the results of an empirical study of the effect of the new prudent investor rule on asset allocation by institutional trustees. Using federal banking data spanning 1986 through 1997, the authors find ... -
Psychiatry in the Legal Process: A Knife That Cuts Both Ways
(Duke University School of Law, 1968) -
Public and Private Enforcement of Securities Laws: Resource-Based Evidence
(Simon Business School. University of Rochester., 2009)Ascertaining which enforcement mechanisms work to protect investors has been both a focus of recent work in academic finance and an issue for policy-making at international development agencies. According to recent academic ...