Browsing Harvard Law School by Title
Now showing items 487-506 of 2411
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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 ... -
Depoliticizing Administrative Law
(2008)A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized, in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than ... -
Derivatives Market's Payment Priorities as Financial Crisis Accelerator
(Stanford Law School, 2011)Chapter 11 bars bankrupt debtors from immediately repaying their creditors, so that the bankrupt firm can reorganize without creditors shredding the bankrupt’s business. Not so for the bankrupt’s derivatives counterparties, ... -
Derivatives Markets in Bankruptcy
(Harvard Law School, 2012)By treating derivatives and financial repurchase agreements much more favorably than it treats other financial vehicles, American bankruptcy law subsidizes these arrangements relative to other financing channels. By ... -
Derivatives Safe Harbors in Bankruptcy and Dodd-Frank: A Structural Analysis
(2013)The Bankruptcy Code exempts financial derivatives and repurchase agreements from key provisions, such as the automatic stay. The primary rationale for this special treatment has been the fear that the failure of an important ... -
Derivatives Trading and Negative Voting
(John M. Olin Center for Law, Economics, and Business, 2012)This paper exposits a model of parallel trading of corporate securities (shares, bonds) and derivatives in which a large trader can sometimes profitably acquire securities with their corporate control rights for the sole ... -
Design Copyright: The Latest Judicial Hint
(eSapience, 2013)Earlier this year, in an important copyright ruling, the Supreme Court dropped a puzzling clue about copyright for designs that merits examination. In an opinion authored by Justice Breyer, the Court's foremost copyright ... -
Designing a 21st Century Corporate Tax — An Advance U.S. Minimum Tax on Foreign Income and Other Measures to Protect the Base
(Tax Analysts, 2015)The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This Article continues our exploration of second-best international tax reforms that would protect the U.S. corporate tax base ... -
Designing a U.S. Exemption System For Foreign Income When the Treasury is Empty
(Tax Analysts, 2012)The U.S. government faces a well-documented long-term revenue shortage that is unlikely to be cured by government expenditure reductions. Thus, it is curious that there is currently considerable pressure for the United ... -
Despite Preemption: Making Labor Law in Cities and States
(Harvard University, Harvard Law School, 2011)The preemption regime grounded in the National Labor Relations Act (NLRA) is understood to preclude state and local innovation in the field of labor law. Yet preemption doctrine has not put an end to state and local labor ... -
Determining Optimal Default Savings Rates For 401(K) Plans
(2015)Automatic enrolment in 401(k) plans has succeeded in increasing employee participation rates, but the impact on overall savings rates has been less than might have been expected, as some participants who would have previously ... -
Deterring Murder: A Reply
(Stanford Law School, 2006)