Browsing Harvard Law School by Title
Now showing items 2159-2178 of 2411
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Things that We Would Like to Take for Granted: Minimum Standards for the Legal Framework of a Free and Democratic Society
(2008)We live in an age that glorifies the free market, small government and freedom of contract. Regulations are viewed as interferences with liberty and mandatory terms in contracts are derided as paternalistic interferences ... -
Those Japanese Firms with Their Disdain for Shareholders: Another Fable for the Academy
(1996)We begin in Section II by discussing the modem theory of path dependence. In Section III, we trace the ties between that theory and the orthodox understanding of how Japanese firms behave. Then in Section IV, we report ... -
Thoughts on the Liberal Dilemma in Child Welfare Reform
(College of William and Mary, 2015)This article presents a critique of the self-styled liberal group that has dominated child welfare policy in recent decades, arguing that the group’s policy goals unduly favor parent over child interests, and that its ... -
Threats Without Binding Commitment
(Berkeley Electronic Press, 2002)This paper explores the power of threats in the absence of binding commitment. The threatener cannot commit to carry out the threat if the victim refuses payment, and cannot commit not to carry out the threat if payment ... -
Three Civil Rights Fallacies
(California Law Review, 1991) -
Three Eras of Digital Governance
(Elsevier BV, 2019-10-02)To understand where digital governance is going, we must take stock of where it’s been, because the timbre of mainstream thinking around digital governance today is dramatically different than it was when study of “Internet ... -
Three Pathways to Secure Greater Respect for International Law concerning War Algorithms
(Harvard Law School Program on International Law and Armed Conflict, 2020)Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies ... -
Three Strategies of Interpretation
(University of San Diego, 2005)We may distinguish three styles or strategies of decisionmaking. Under a maximizing approach, the decisionmaker chooses the action whose consequences are best for the case at hand (defining "best" according to some value ... -
Three Symmetries Between Textualist and Purposivist Theories of Statutory Interpretation — And the Irreducible Roles of Values and Judgment Within Both
(Cornell Law Review, 2014)This Article illuminates an important, ongoing debate between “textualist” and “purposivist” theories of statutory interpretation by identifying three separate stages of the interpretive process at which textualists, as ... -
Three Versions of Tax Reform
(1997) -
Through the Correct Lens: Understanding Overprescription of Stimulant Drugs, Their Abuse, and Where the Remedies Lie
(2004)This paper argues that stimulant drugs, such as Ritalin and Adderall, are overprescribed for the treatment of Attention-Deficit/Hyperactivity Disorder. Overprescription is viewed through a physician-centered lens. That is, ... -
Through the Looking Glass: Alice and the Constitutional Foundations of the Public Domain
(Duke University School of Law, 2003)Alice Randall, an African-American woman, was ordered by a government official not to publish her criticism of the romanticization of the Old South, at least not in the words she wanted to use. The official was not one of ... -
“Tied to the Mast”: Most‐Favored‐Nation Clauses in Settlement Contracts
(University of Chicago Press, 2003)Many settlement contracts in lawsuits that involve either multiple plaintiffs or multiple defendants include so‐called most‐favored‐nation (MFN) clauses. If a defendant who faces multiple claims, for example, settles with ... -
TIGHTENING THE BELT ON THE WEIGHT-LOSS INDUSTRY
(1994)Americans dole out $33 billion dollars a year to cure their weight problems, as every year the market is flooded with food and drug products that promise a fast, easy way to a new, slimmer you. Unfortunately, while there ... -
Tightening Your Belt: Inequities and Inconsistencies Regarding the Treatment of Food, Prescription Drugs, and Cigarettes In the United States Bankruptcy Code
(2011)Debtors seeking to file bankruptcy may do so under either Chapter 7 or Chapter 13 of the Bankruptcy Code. In either case, the bankruptcy system must determine what expenses will be allowed for the debtor in bankruptcy, ... -
Timing and Form of Federal Regulation: The Case of Climate
(University of Pennsylvania, 2007) -
Timing Controversial Decisions
(Hofstra University School of Law, 2006)Suppose that members of a state court are prepared to announce a highly controversial ruling. The court might be prepared to rule that a state must allow same-sex marriage, that a state may not continue affirmative action ... -
The Timing of Elections
(University of Chicago Press, 2010)