Browsing Harvard Law School by Title
Now showing items 56-75 of 2411
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Agents Unchained: The Determinants of Takeover Defenses in IPO Firms
(2013)Many companies continue to go public with takeover defenses even though institutional investors zealously oppose defenses in public companies. In this Article, I analyze the determinants of takeover defenses at IPO firms ... -
Aiding AIDS: Hurdling the Obstacles to the Development of an Effective AIDS Vaccine
(2002)This paper explores the various impediments to the development of a safe and effective AIDS vaccine, and offers suggestions to help overcome these obstacles. I begin by discussing the FDA approval process and the current ... -
AIDS HOME TEST KITS
(1994)Given the emphasis on private, confidential and voluntary testing, the idea of an AIDS home test kit was inevitable. What could be more private, confidential and voluntary (and profitable) than buying a test kit at a drug ... -
Ain't Misbehavin'? An Analysis of Prescription Drug Promotions by Pharmaceutical Manufacturers and the Regulatory Response of the Food and Drug Administration
(2003)In evaluating the United States drug regulatory system in 1978, Richard J. Crout posed a choice between competing good values: "Do we want scientific rationality or personal freedom? And if we want the latter, are we willing ... -
Alarmism Versus Moderation in Responding to the Rehnquist Court
(Indiana University School of Law, 2003)Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002. -
Albert Hirschman's Hiding Hand
(2014)Albert Hirschman argued that planners in underdeveloped nations often benefit from what he called the Hiding Hand, which hides, and thus makes planners unable to anticipate, serious obstacles to development projects. The ... -
Algorithms in the Criminal Justice System: Assessing the Use of Risk Assessments in Sentencing
(Berkman Klein Center for Internet & Society, 2017)Risk assessment tools are increasingly being incorporated into all aspects of the criminal justice system. This paper focuses on the use of these tools in the sentencing process, a relatively recent development which raises ... -
ALICE AND THE FRANKENFOODS: A WELL REGULATED WONDERLAND?
(2003)This paper uses fiction to illuminate anxieties associated with the substances that sustain, nourish and transform us, and to consider the impact of consumer perceptions on the regulatory balances that must be struck between ... -
The Alien Tort Statute and Corporate Liability
(University of Pennsylvania, 2011)In 2010, the Second Circuit decided Kiobel v. Royal Dutch Petroleum, holding that corporations are not proper defendants under the Alien Tort Statute. Invoking Sosa v. Alvarez-Machain, the Second Circuit found that human ... -
All (Food) Politics is Local: Increasing Food Access through Local Government Action
(Harvard Law School, 2013)Our national and international food system has implications for a wide range of issues that are important across the political spectrum and include improving health outcomes, reducing environmental impacts, increasing ... -
Allocating Power within Agencies
(Yale Law School, 2013-07-17)Standard questions in the theory of administrative law involve the allocation of power among legislatures, courts, the President, and various types of agencies. These questions are often heavily informed by normative ... -
Allocating Risk Through Contract: Evidence from M&A and Policy Implications
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2012)In a hand-coded sample of M&A contracts from 2007-08, risk allocation provisions exhibit wide variation. Earn-outs are the least common means to allocate risk, indemnities are most common, followed by price adjustment ... -
Allocating the Burden of Proof
(1997) -
ALTERNATE ROUTES OF REFORMIST ACTIVISM: MEDICAL MARIJUANA AS A CASE STUDY OF INITIATIVES WITHIN AND BEYOND STATUTORILY PRESCRIBED CHANNELS
(1996)This essay discusses the various legal and political initiatives undertaken by reformers seeking change in the laws on medical marijuana use. Part I reviews the provisions of the Controlled Substances Act, and marijuana's ... -
America and the BSE Scare: Near Misses, Future Lessons
(1997)Today, the potential consequences of BSE, although perhaps not as great as originally feared, still demand attention at the highest level of government. In this paper, my goals are twofold: to place the development of the ... -
America's Schizophrenic Immigration Policy Race, Class, and Reason
(The Boston College Law School, 2000)The historical purpose of American immigration policy was to provide a haven for those fleeing persecution and those seeking prosperity, as well as to satisfy workforce and frontier-expansion needs. However, a survey of ... -
American Exceptionalism and Direct-to-Consumer Advertising: Structural and Philosophical Impediments to Reform in Europe
(2002)Despite a recent EC Proposal to relax its prohibition on direct-to-consumer (DTC) advertising of prescription drugs in certain, limited contexts, the prospects for broader reform in Europe on this issue are extremely grim. ...