Browsing Harvard Law School by Title
Now showing items 435-454 of 2411
-
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 ... -
A Cultural Pluralist Case for Affirmative Action in Legal Academia
(Duke University School of Law, 1990) -
Culture and Government Money: A Guide for the Perplexed
(2000)Constitutional limits on government’s power to regulate the culture and the arts, newly salient in light of the controversy involving the Brooklyn Museum, are best understood by distinguishing among (a) content-neutral, ... -
The Cure at a Crossroads: The Intersection of Ethics and Ambition in AIDS Research
(2003)This paper explores the structure of the major code of ethics regarding human experimentation, the Nuremberg Code. The paper begins with an explanation of the modern ethical standards and how they were established. Following ...