Browsing Harvard Law School by Title
Now showing items 1995-2014 of 2408
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Should We Have Lay Justices?
(Stanford Law School, 2007)By "lay justices" I mean justices of the Supreme Court of the United States who are not accredited lawyers. Currently the number of lay justices is zero, although there is no constitutional or statutory rule that requires ... -
The Sick Man and his Medicine: Public Health Reform in the Ottoman Empire and Egypt
(2003)This paper examines the transformation of public health institutions in the Ottoman Empire and Egypt in the nineteenth century. I argue that the region’s political, financial, and military vulnerability ... -
Sierra to Court: Don't Fence Us Out
(Environmental Law Institute, 2008) -
The Silicone Gel-Filled Breast Implant Controversy: Testing the Bounds of Regulatory Intervention
(2004)Silicone gel-filled breast implants were first introduced in the United States in the 1960s and immediately gained popularity among women seeking to augment or reconstruct their breasts. However, although the Food and Drug ... -
A Simple Model of Optimal Deterrence and Incapacitation
(Harvard John M. Olin Center for Law, Economics, and Business, 2014)The deterrence of crime and its reduction through incapacitation are studied in a simple multiperiod model of crime and law enforcement. Optimal imprisonment sanctions and the optimal probability of sanctions are determined. ... -
A Simple Model of Optimal Deterrence and Incapacitation
(Elsevier, 2015)The deterrence of crime and its reduction through incapacitation are studied in a simple multiperiod model of crime and law enforcement. Optimal imprisonment sanctions and the optimal probability of sanctions are determined. ... -
Single-Sex Public Schools Before and After Vorchheimer v. School District of Philadelphia
(Foundation Press, 2010) -
Siren Songs and Amish Children: Autonomy, Information, and Law
(The New York University Law Review, 2001)New communications technologies offer the potential to be used to promote fundamental values such as autonomy and democratic discourse, but, as Professor Yochai Benkler discusses in this Article, recent government actions ... -
The Situation: An Introduction to the Situational Character, Critical Realism, Power Economics, and Deep Capture
(University of Pennsylvania, 2003) -
The Situational Character: A Critical Realist Perspective on the Human Animal
(2004)This Article is dedicated to retiring the now-dominant "rational actor" model of human agency, together with its numerous "dispositionist" cohorts, and replacing them with a new conception of human agency that the authors ... -
Situationist Torts
(2008) -
A Skeptical Attitude About Product Liability is Justified: A Reply to Professors Goldberg and Zipursky
(Harvard University, Harvard Law School, 2010)In The Uneasy Case for Product Liability, we maintained that the benefits of product liability are likely to be less than its costs for many products, especially widely sold ones. Our article was intended to alter the ... -
A Skeptical View of "Property Rights" Legislation
(The Berkeley Electronic Press, 2011) -
The Slippery Slope of Judicial Intervention: The Supreme Court and Canadian Labour Relations 1950-1970
(Osgoode Hall Law School of York University, 1971) -
The Small-C Constitution Circa 1925
(University of Miami School of Law, 2010) -
Social and Economic Rights? Lessons from South Africa
(2001)Do social and economic rights belong in a democratic constitution? Skeptics have wondered whether it is possible to constitutionalize such rights without imposing an untenable managerial responsibility on courts. In an ... -
Social Capital and the Formal Legal System: Evidence from Prefecture-Level Data in Japan
(Harvard John M. Olin Center for Law, Economics, and Business, 2014)Verifiable proxies for social capital potentially provide an empirically tractable way to identify environments where social norms both constrain behavior and substitute for judicial enforcement. Using regression and factor ... -
Social Meaning and Social Norms
(University of Pennsylvania, 1996)