Browsing Harvard Law School by Title
Now showing items 1978-1997 of 2411
-
Shifting Plaintiffs' Fees versus Increasing Damage Awards
(RAND, 1993)Shifting victorious plaintiffs' fees to defendants and increasing damage awards are alternative ways to achieve similar results: increasing plaintiffs' incentives to sue and raising defendants' expected payments. This ... -
Shining Light on Corporate Political Spending
(Georgetown University Law Center, 2013)This Article puts forward the case for Securities and Exchange Commission (SEC) rules requiring public companies to disclose their political spending. We present empirical evidence indicating that a substantial amount of ... -
Shocking the Conscience of the World: International Norms and the Access to AIDS Treatment in South Africa
(2003)This paper examines the emergence and institutionalization of a new international norm supporting greater access to lifesaving drugs in developing countries, particularly for HIV/AIDS drugs in South Africa. In order to ... -
SHOOT, DON'T SMOKE: A Political and Legal Explanation For Why the Tobacco Industry Settled the Public Entity Lawsuits And the Gun Industry Has Not
(2005)In the 1990s, a series of lawsuits filed by states against the tobacco industry sought reimbursement for Medicaid expenses paid for health care provided to citizens who suffered health effects from smoking, relying upon ... -
A Short Biography of the Civil Rights Act of 1964
(2014)This paper reframes the Civil Rights Act of 1964 as a particularly open-ended and transformative text, and grounds the statute in a long history of organizing and advocacy that stretches back to the beginning of the twentieth ... -
Shortness of Vision: Regulatory Ambition in the Digital Age
(Fordham Law Review, 2005) -
Shotgun Mechanisms for Common-Value Partnerships: The Unassigned-Offeror Problem
(Elsevier BV, 2013)Shotguns clauses are commonly included in the business agreements of partnerships and limited liability companies (LLCs), but the role of offeror typically remains unassigned. In a common-value, one-sided asymmetric ... -
Shotguns and Deadlocks
(Harvard John M. Olin Center for Law, Economics, and Business, 2013)The process of resolving business deadlocks is time consuming and expensive, typically requiring the services of lawyers, financial experts and judges. Prolonged resolution processes, cost-inefficient administration of ... -
Should BP be Liable for Economic Losses Due to the Moratorium on Oil Drilling Imposed After the Deepwater Horizon Accident?
(Vanderbilt Law School, 2011)In the aftermath of the Deepwater Horizon accident and the BP oil spill, the government imposed a moratorium on deepwater oil drilling in the Gulf of Mexico. The issue addressed here is whether, on grounds of policy, BP ... -
Should Coercive Interrogation Be Legal?
(Michigan Law Review, 2006)Coercive interrogation is now a live subject, thanks to 9/11. At one time, coercive interrogation played a role only in philosophical disputes about consequentialism, in which scholars asserted or denied that the police ... -
Should Consumers be Permitted to Waive Products Liability? Product Safety, Private Contracts, and Adverse Selection
(Yale University Press, 2014)A potentially dangerous product is supplied by a competitive market. The likelihood of a product-related accident depends on the unobservable precautions taken by the manufacturer and on the type of the consumer. Contracts ... -
Should Copyright of Academic Works be Abolished?
(Oxford University Press (OUP), 2010)The conventional rationale for copyright of written works, that copyright is needed to foster their creation, is seemingly of limited applicability to the academic domain. For in a world without copyright of academic ... -
Should Donald Trump be returned to social media?
(2022-10-14) -
Should Greenhouse Gas Emissions Rights Be Allocated on a Per Capita Basis?
(California Law Review Inc., 2009)Many people believe that the problem of climate change would be best handled by an international agreement that includes a system of cap and trade. Such a system would impose a global cap on greenhouse gases emissions and ... -
Should Greenhouse Gas Permits be Allocated on a Per Capita Basis?
(California Law Review Inc., 2009)Many people believe that the problem of climate change would be best handled by an international agreement that includes a system of "cap-andtrade. "Such a system would impose a global cap on greenhouse gas emissions and ... -
Should Legal Rules Favor the Poor? Clarifying the Role of Legal Rules and the Income Tax in Redistributing Income
(University of Chicago Press, 2000)In our 1994 article in this Journal, we demonstrated that legal rules should not be adjusted to disfavor the rich and favor the poor in order to redistribute income, because the income tax and transfer system is a more ... -
Should Religious Groups Be Exempt from Civil Rights Laws?
(The Boston College Law School, 2007)Should a private, religious university lose its tax-exempt status because it bans interracial dating? Should a religious school fire a pregnant married teacher on religious grounds despite the ban against gender discrimination ... -
Should Religious Groups Ever Be Exempt From Civil Rights Laws?
(The Boston College Law School, 2007)Should a private religious university lose its tax exempt status if it bans interracial dating? Should a religious school be able fire a pregnant married teacher because her continued work would violate the church's view ... -
Should Tanning Salons Be Banned?
(1995)Tanning salons are a one billion dollar business each year in the United States. Over one million people a day visit the 21,000 tanning establishments in this country in search of the perfect tan, paying four to twelve ... -
Should TrimSpa X32 Remain on the Market? An analysis of TrimSpa X32’s compliance with FDA and FTC guidelines
(2005)TrimSpa X32 has launched onto the dietary supplement and weight loss markets with a deluge of promotion, from a celebrity endorser to a million dollar contest, from sponsorship of award shows to a website filled with ...