Browsing Harvard Law School by Title
Now showing items 296-315 of 2411
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Clear Statement Rules and the Constitution
(Columbia Law Review Association, Inc., 2010)In recent years, the Supreme Court has increasingly supplemented traditional Marbury-style judicial review with constitutionally inspired clear statement rules. These canons of statutory construction have two salient ... -
Clearinghouse Overconfidence
(California Law Review Inc., 2013)Regulatory reaction to the 2008-2009 financial crisis focused on complex financial instruments that deepened the crisis. A consensus emerged that these risky financial instruments should move through safe, strong clearinghouses, ... -
CLEOPATRA'S NEEDLE: THE HISTORY AND LEGACY OF SILICONE INJECTIONS
(1997)The history of experimentation with silicone injections shows the importance of regulation in curtailing irresponsible practices. The medical use of silicone fluid demonstrates that the informal moral and social controls ... -
Climate Change and Animals
(University of Pennsylvania, 2007)Climate change is already having adverse effects on animal life, and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis ... -
Climate Change Justice
(Georgetown University Law Center, 2008)Greenhouse gas reductions would cost some nations much more than others, and benefit some nations far less than others. Significant reductions would impose especially large costs on the United States, and recent projections ... -
Climate Change Law In and Over Time
(University of San Diego, School of Law, 2010)The critical lesson for climate change legislation is that the pending lawmaking moment must include the enactment of provisions specifically designed to maintain the legislation’s ability to achieve its long-term objectives ... -
Cloud Innovation and the Law: Issues, Approaches, and Interplay
(Berkman Center for Internet & Society, 2014)We live in a quicksilver technological environment where one innovation in information and communication technology (ICT) follows the other. From a user’s perspective, the speed of innovation in the Internet age becomes ... -
Coase's Penguin, or, Linux and The Nature of the Firm
(Yale Law School, 2002)For decades our common understanding of the organization of economic production has been that individuals order their productive activities in one of two ways: either as employees in firms, following the directions of ... -
The Code of Privacy
(The American Philosophical Society, 2007) -
Coin Reconsidered: The Political Alchemy of Commodity Money
(Berkeley Electronic Press, 2010)Medieval coin plays an essential role in the imagined history of money: it figures as the primal "commodity money" — a natural medium, spontaneously adopted by parties in exchange who converge upon a metal like silver to ... -
Collections and/of Data: Art History and the Art Museum in the DH Mode
(University of Minnesota Press, 2016) -
Colorblind Constitutionalism
(Fordham Law Review, 2013) -
Combating Child Obesity in America
(2006)This paper examines the child obesity epidemic that is gripping our nation, and explores various causes and treatments that may help to defeat child obesity. First there is a description of the obesity epidemic, its causal ... -
Combating Depression: A History and Analysis of FDA Regulation of Selective Serotonin Reuptake Inhibitors
(2004)This paper explores historical and current regulation by the Food and Drug Administration (FDA) of the most widely-used class of antidepressant drugs, selective serotonin reuptake inhibitors (SSRIs). To begin, I discuss ... -
'Come On, Man!' On Choice, Welfare, and Hayekian Behavioral Economics
(Elsevier BV, 2021-09-15)With respect to the views of dead thinkers, answers to many particular questions are often interpretive in Ronald Dworkin’s sense: such answers must attempt (1) to fit the materials to be interpreted and (2) to justify ... -
The Coming Collision of Ethics and the FDA: The Looming Problem of Cognitive Enhancement
(2014-03-18)The current FDA process is not well suited for the introduction of enhancement drugs that are intended to improve certain aspects of cognition or behavior to a degree beyond what is normal. Even though there are no statutory ... -
Comment on Selected Aspects of Proposals in Public Consultation Document on Addressing the Challenges of the Digitalization of the Economy
(2019-03-06)This comment was filed in response to the G20/OECD Inclusive Forum’s Public Consultation Document on Addressing the Challenges of the Digitalization of the Economy. The comment supports a re-alignment of the division of ...