Browsing Harvard Law School by Title
Now showing items 432-451 of 2411
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Creating a Child-Friendly Child Welfare System: The Use and Misuse of Research
(2013)This article, a revised speech, contends that what we call the child welfare system is skewed in an adult-rights direction, and is often quite hostile to child interests. The field is characterized by an unusual amount ... -
Creation Stories: Myths about the Origin of Money
(2013)A myth about the origins of money has long organized modern approaches to the medium. According to that creation story, money is the natural product of human exchange. It can be analogized to a commodity like silver that ... -
The Creative Commons
(University of Montana, 2004) -
The Credible Executive
(University of Chicago Press, 2007)Legal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This paper addresses the risk that voters and legislators will fail to trust a well-motivated ... -
The Crime and Punishment of States
(Yale Law School, 2013)Why is it that we don’t punish states anymore, or, at least, don’t admit to doing so? The moral rhetoric of “crime” and “punishment” of states has been excised from mainstream international law, and replaced with an ... -
Criminal Law Comes Home
(Yale Law School, 2006)Though traditionally criminal law did not reach into the home to punish domestic violence, today such intervention in the home is well accepted and steadily growing. Because we all welcome that remedial development, we ... -
Criminal Liability Under the Food, Drug, and Cosmetic Act
(1995)The criminal provisions of the Federal Food, Drug, and Cosmetic Act (FDCA)' and the judicial interpretation thereof afford the Food and Drug Administration (FDA) great discretion, in determining both when and against whom ... -
The Criminalization of Innovation: FDA Misdirection in the Najarian and Burzynski Cases
(1997)Najarian and Burzynski seem the perfect examples of the amazing potential of the American medical establishment. Their visionary work in their respective fields should be celebrated as monumental contributions to society. ... -
“Criminalization” of Humanitarian Action Under Counterterrorism Frameworks: Key Elements and Concerns
(Cambridge University Press (CUP), 2018)Of the diverse array of contemporary challenges around humanitarian access in armed conflict, a particular set of issues concerns the so-called “criminalization” of humanitarian action under counterterrorism frameworks. ... -
Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008
(University of Chicago Press, 2010)This essay compares crisis governance and emergency lawmaking after 9/11 and the financial meltdown of 2008. We argue that the two episodes were broadly similar in outline, but importantly different in detail, and we attempt ... -
Critical Labor Law Theory: A Comment
(1981) -
A Critical Legal Studies Perspective
(1990) -
Critical Normativity
(Springer, 2009)Skeptics argue that statements about right and wrong are merely expressions of preferences. They are mistaken; values are not the same as mere preferences. When we assert preferences that affect others, we justify our ... -
Critical Race Theory and Scholarly Analyses of Race in France
(Harvard Law School, 2021-12-13)Abstract: This preface to a special issue on Race and the Law of La Revue des Droits de l'Homme, presents a genealogy of Critical Race Theory, framed in light of the tendency in France to avoid fulsome scholarly discussions ... -
A Critique of Adjudication: Fin de Siecle
(Cardozo Law Review, 2001) -
Crystals and Mud in Nature
(2014-12-17)Professor James Salzman has written a wonderful article, which promises an equally wonderful book. His article intelligently and thoughtfully examines the forces that compete, conflict, and combine in the creation of laws ...