Browsing Harvard Law School by Title
Now showing items 1930-1949 of 2408
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Searching for a Cure: The FDA's Regulatory Approach to Traditional Chinese Herbal Medicine
(1997)I will begin this discussion by describing traditional Chinese medicine and how it compares to the Western medical tradition. Second, I will then examine why regulation is necessary given the impact of Chinese herbal ... -
Searching for Bernard Lonergan
(America Press, 2007) -
THE SECLUSION AND RESTRAINT OF THE MENTALLY ILL CHILD
(1994)The Food and Drug Administration's purpose is to serve the public and protect the public health. There's a general standard of safety and effectiveness for drugs and devices set by the Food and Drug Administration. In ... -
Second Amendment Minimalism: Heller as Griswold
(Harvard University, Harvard Law School, 2008)The Court's decision in District of Columbia v. Heller might be taken in three different ways. First, it might be seen as a modern version of Marbury v. Madison, speaking neutrally for the text, structure, and original ... -
Second Mode Inclusion Claims in the Law Schools
(2018-11-09)This paper assesses the recent proliferation of diversity and inclusion claims in law schools across the United States, often articulated by racial and ethnic minority students. On campus, and in the larger culture, the ... -
Second Opinions and Institutional Design
(Virginia Law Review Association, 2011)In many settings, decision makers seek second opinions and are wise to do so. Sometimes decision makers do not seek second opinions when they should have or seek them when they should not have. The author's aim is to analyze ... -
Second-Generation Shareholder Bylaws: Post-Quickturn Alternatives
(American Bar Association, 2001)Practitioners believe shareholder-initiated bylaws that specifically eliminate poison pills will turn out to be illegal in Delaware. The authors assume that consensus is correct and ask: What next? Threat or opportunity, ... -
Second-Generation Textualism
(California Law Review Inc., 2010)In his perceptive histories of the late-twentieth-century revival of interest in statutory interpretation theory, Philip P. Frickey, always modest, predictably failed to account for his own large contribution to the debate. ... -
Second-Order Decisions
(1998) -
Second-Order Perfectionism
(Fordham Law Review, 2007)In constitutional law, first-order perfectionism represents an effort to cast the Constitution's ideals in the best constructive light. Ronald Dworkin's conception of law as "integrity" can be seen as a form of first-order ... -
The Secret History of Constitutional Dignity
(Yale Law School, 2014)In their 1937 constitution, the Irish gave human dignity foundational placement, as a religiously-inspired root concept connected (as in the later West German case of 1949) to the subordination of the otherwise sovereign ... -
A Secular Theory of Natural Law
(Fordham Law Review, 2004) -
Securities Litigation and the Housing Market Downturn
(University of Iowa College of Law, 2009)This paper addresses one of the key issues – the foreseeability of the housing market downturn that began in September of 2007 and intensified in the fourth quarter of 2007 – that must be addressed in assessing the extensive ... -
Securities Litigation in the Roberts Court: An Early Assessment
(The University of Arizona, 2015)This article provides an early assessment – both quantitative and qualitative – of the Roberts Court’s securities law decisions. Such cases represent an increased share of Supreme Court’s docket, compared to prior Courts, ... -
The Seductions of Form
(Drexel University Earle Mack School of Law, 2010) -
Seeing Tort Law From the Internal Point of View: Holmes and Hart on Legal Duties
(Fordham Law Review, 2006) -
Seeing, Bearing, and Sharing Risk: Social Policy Challenges for Our Time
(Oxford University Press, 2012) -
Selected International Aspects of Fundamental Tax Reform Proposals
(1997)Over the past several years, there have been a series of proposals to replace the U.S. income tax. The 1996 presidential primaries saw one major candidate, Steve Forbes, espouse the virtues of a flat tax. Another candidate, ... -
Selection Effects in Constitutional Law
(Virginia Law Review Association, 2005)The standard consequentialist analysis of constitutional law focuses on the incentives that shape the behavior of government officials and other constitutional actors. Incentive-based accounts justify elections as a means ...