Browsing Harvard Law School by Title
Now showing items 476-495 of 2411
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Deferred Compensation Revisited
(Tax Analysts and Advocates, 2007)The tax rules governing deferred compensation, codified at section 409A, are harsh and complex. The rules are focused on the least important policy considerations and overlook the most important. Professors Halperin and ... -
Degrees of Freedom, Dimensions of Power
(Massachusetts Institute of Technology Press (MIT Press), 2016)The original Internet design combined technical, organizational, and cultural characteristics that decentralized power along diverse dimensions. Decentralized institutional, technical, and market power maximized freedom ... -
Delaware and Washington as Corporate Lawmakers
(Delaware Law School of Widener College, 2009)American corporate law scholars have long focused on state-to-state jurisdictional competition as a powerful engine in the making of American corporate law. Yet much corporate law is made in Washington, D.C. Federal ... -
Delaware Law as Lingua Franca: Theory and Evidence
(University of Chicago Press, 2012)Why would a firm incorporate in Delaware rather than in its home state? Prior explanations have focused on the inherent features of Delaware corporate law, as well as the positive network externalities created by so many ... -
Delaware's Choice
(2015)This Article first documents the shift to annual elections of all directors at most U.S. corporations, and argues that the alternative of "ineffective" staggered boards would have been more desirable, as a policy matter, ... -
Delaware's Competition
(Harvard Law School, 2003)One of corporate law's enduring issues has been the extent to which state-to-state competitive pressures on Delaware make for a race to the top or the bottom. States, or at least some of them, are said to compete with their ... -
Delaware's Politics
(Ames Foundation at the Harvard Law School, The, 2005)Delaware makes the corporate law governing most large American corporations. Since Washington can take away any, or all, of that lawmaking, a deep conception of American corporate law should show how, when, and where ... -
Delaware's Shrinking Half-Life
(Stanford Law School, 2009)A revisionist consensus among corporate law academics has begun to coalesce that, after a century of academic thinking to the contrary, states do not compete head-to-head on an ongoing basis for chartering revenues, leaving ... -
Delegating to Enemies
(Columbia Law Review Association, Inc., 2012)An axiom of institutional design is known as the ally principle: All else equal, voters, legislators, or other principals will rationally delegate more authority to agents who share their preferences (“allies”). The ally ... -
Delegating to Enemies
(Columbia Law Review Association, Inc., 2012)An axiom of institutional design is known as the ally principle: all else equal, voters, legislators or other principals will rationally delegate more authority to agents who share their preferences (“allies”). The ally ... -
The Delegation Lottery
(Harvard University, Harvard Law School, 2006)Replying to Matthew C. Stephenson, Legislative Allocation of Delegated Power: Uncertainty, Risk and the Choice Between Agencies and Courts, 119 Harv. L. Rev. 1035 (2006). Matthew Stephenson models "the decision calculus ... -
Deliberating about Dollars: The Severity Shift
(2000)How does jury deliberation affect the pre-deliberation judgments of individual jurors? In this paper we make progress on that question by reporting the results of a study of over 500 mock juries composed of over 3000 jury ... -
The Delicate Dance of Immersion and Insulation: The Politicization of the FDA Commissioner
(2003)The Food and Drug Administration never has been and never will be completely insulated from politics; it exists and operates as an integral part of the federal government in Washington, DC, not in a vacuum. Nevertheless, ... -
Democracy and Corruption
(1996)I was asked to speak about corruption and democracy. I have a long history of concern about that relationship. The subject of corruption and democracy is best broken into three separate areas. First, there are questions ... -
Democracy-Based Resistance to a Constitutional Right of Social Citizenship: A Comment on Forbath
(Fordham Law Review, 2001) -
Democratic Estates: Property Law in a Free and Democratic Society
(Cornell Law Review, 2009)How should we think about property and property law both descriptively and normatively? This article suggests we consider this question by focusing on justifications for the estates system which limits the bundles of ... -
Democratizing the Senate from Within
(2021-03-25)The U.S. Senate is an undemocratic institution in two respects. First, the filibuster rule allows a minority of Senators to block a final vote on most measures. Second, the Senate’s malapportionment means that a Senate ... -
The Demoiselles d'Evanston: On the Aesthetics of the Wigmore Chart
(Oxford University Press, 2008)Wigmore's ‘The Problem of Proof’, published in 1913, was a path-breaking attempt to systematize the process of drawing inferences from trial evidence. In this paper, written for a conference on visual approaches to evidence, ... -
The Department of Agriculture's Regulation of Poultry Under the Poultry Products Inspection Act of 1957
(1997)The purpose of this paper is to investigate the reasons how conflicts between the USDA and FDA create obstacles to effective public health policy exist in the United States. I will begin my investigation by briefly outlining ...