Browsing Harvard Law School by Title
Now showing items 192-211 of 2409
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Bovine Spongiform Encephalopathy: The Past Present and Future of Mad Cow Disease in the United States
(1998)In an attempt to provide an introductory, yet thorough, discussion of Bovine Spongiform Encephalopathy and its ramifications in the United States, this paper shall: discuss the history of and explain the disease known as ... -
Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors' Bargain
(Virginia Law Review Association, 2013)“Bankruptcy reallocates value in a faltering firm. The bankruptcy apparatus eliminates some claims and alters others, leaving a reduced set of claims to match the firm’s diminished capacity to pay. This restructuring is ... -
BREAKTRHOUGH BIOTECHNOLOGIES: CAN THE FDA KEEP UP WITH THE SPEED OF SCIENCE?
(2004)Biotechnology advances have the potential to dramatically change the practice of medicine. Currently research is underway to find cures for diseases that were before untreatable, and many biotechnology products are already ... -
Brennan and Democracy--The 1996-97 Brennan Center Symposium Lecture
(California Law Review Inc., 1998) -
Brexit and the Trouble with an Uncodified Constitution: R (Miller) v Secretary of State for Exiting the European Union
(Vermont Law School, 2018)On June 23, 2016, the United Kingdom voted, unexpectedly, to leave the European Union. That such a decision would have constitutional implications was not surprising, but the vote also caused an unforeseen constitutional ... -
A Brief History of Tea: The Rise and Fall of the Tea Importation Act
(2000)The goal of this paper is to provide a general history of the Tea Importation Act of 1897. It focuses on the Act's legislative scheme, the Act's antecedents and amendments, and its legislative history. Special attention ... -
A Brief History of the International Regulation of Wine Production
(2002)Regulations regarding wine production have a profound effect on the character of the wine produced. Such regulations can be found on the local, national, and international levels, but each level must be considered with the ... -
Brief of Amici Curiae J. Richard Harvey, Leandra Lederman, Ruth Mason, Susan Morse, Stephen Shay and Bret Wells in Altera Corp. v. Commissioner, in Support of Respondent-Appellant Commissioner
(2016)The Treasury regulations at issue in Altera Corp. v. Commissioner condition the validity of controlled taxpayers’ income allocation under a cost-sharing agreement upon the requirement that the controlled parties share all ... -
A Brief Response to Richard Epstein
(1996)Richard Epstein, from whom I have learned a lot over the years, is persuasive about some things but not about everything. -
Bringing the Law Back into the History of the Civil Rights Movement
(Cambridge University Press, 2009)It is a pleasure to comment on Nancy MacLean's hugely important book Freedom is Not Enough: The Opening of the American Workplace as an example of what I might call “bringing the law back in” to the history of the civil ... -
Brown v. Board in the World: How the Global Turn Matters for School Reform, Human Rights, and Legal Knowledge
(University of San Diego, 2013)Global perspectives can contribute to our understandings of any one nation’s laws and decisions. In this light, America’s educational landmark, Brown v. Board of Education, matters not just for the United States but around ... -
BST FREE: The Debate Over Whether to Allow Voluntary Labeling of Products as "BST Free" Not Derived from Dairy Cows Given the Milk Production Hormone BST
(1994)The debate over whether to label milk and other dairy products as coming from cows injected with the milk production hormone bovine somatotropin (BST or rBGH--recombinant bovine growth hormone) pits consumers, like Darlene ... -
Bundled Systems and Better Law: Against the Leflar Method of Resolving Conflicts of Law
(2015)Suppose Jones is a New Hampshire fireworks dealer. Smith comes up from Massachusetts, buys a cache, and brings it home. One night Smith sets off a Roman Candle in his backyard, but mishandles it and badly injures himself. ... -
Bundling and Entrenchment
(Harvard University, Harvard Law School, 2010)Because corporate charters can be amended only with shareholder approval, it is widely believed that new charter provisions appear in midstream only if shareholders favor them. However, the approval requirement may fail ... -
Bundling and Firm Reputation
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2009)By bundling experience goods, a manufacturer can more easily maintain a reputation for high quality over time. Formally, we extend Klein and Lefler's (1981) repeated moral hazard model of product quality to consider ... -
Burden of Proof
(Yale Law School, 2012)The burden of proof is a central feature of all systems of adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign liability ... -
Burdens of Proof in Civil Litigation: An Economic Perspective
(University of Chicago Press, 1997)Burden of proof rules, which require a specified party to produce evidence on a contested issue, are central to the adversary system. In this article, we model burden of proof rules as a device for minimizing the costs of ... -
Burkean Minimalism
(Michigan Law Review, 2006)Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an ... -
Bush v. Gore through the Lens of Constitutional History
(California Law Review Inc., 2001)