Browsing Harvard Law School by Title
Now showing items 724-743 of 2411
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Fear and Liberty
(New School for Social Research, 2004) -
Federal Corporate Law: Lessons From History
(Columbia Law Review Association, Inc., 2006)This paper analyzes the history of federal intervention in corporate law and draws from it lessons for the future. We show that federal intervention has generally not alternated between tightening state law restrictions ... -
Federal Enforcement of the Controlled Substances Act: Striking a Balance Between Enforcement and the Regulation of Medical Practice
(2009)In the Controlled Substances Act of 1970, Congress made the conscious decision to vest the regulation and control of drugs in two executive branch departments. The Attorney General, through the DEA, is responsible for law ... -
Federal Intervention to Enhance Shareholder Choice
(Virginia Law Review Association, 2001)The modern approach to corporate reorganizations begins in a curious place. Everywhere else in corporate law, we focus on those who control the firm and on when others should be able to go to court and reverse their ... -
Federal Preemption in the Area of Direct-to-Consumer (DTC) Advertising of Prescription Drugs
(2006)FDA involvement in the policy space of direct-to-consumer (DTC) advertising of prescription drugs raises the question whether state-law based lawsuits based on such advertising are preempted. Congress and the Supreme Court ... -
Federal Preemption of Municipal Tobacco Ordinances:New York City and the Federal Cigarette Advertising and Labeling Act
(2011)In contrast to the Family Smoking Prevention and Tobacco Act of 2009, which appears to preserve a strong role for states and cities to participate in and strengthen tobacco regulation, the Federal Cigarette Labeling and ... -
Federal Preemption of State Liability Claims under the FDCA
(2006)Although the FDA has a history of working in cooperation with state governments, in recent years the Agency has increasingly sought to pre-empt certain state law rights of action and tort claims. Parts II and III of this ... -
Federal Regulation of Gene Therapy: Who Will Save our Germline?
(2003)This paper will attempt to address some of these more complex issues involving human gene therapy and the encompassing regulations. The first section will deal with the science of gene therapy and will briefly touch upon ... -
Federal Rule 16: A Look at the Theory and Practice of Rulemaking
(University of Pennsylvania, 1989) -
Federal Sentencing Under "Advisory" Guidelines: Observations by District Judges
(Fordham Law Review, 2006) -
Federalism and the Generality Problem in Constitutional Interpretation
(Harvard University, Harvard Law School, 2009)In recent years, the Supreme Court has embraced a freestanding federalism that is not tied to any particular clause of the Constitution. Rather, because multiple clauses assume the continued existence of states and set up ... -
A Felony To Drink Small Beer~ Reflections on Food and Drug Metaphors in Shakespeare
(1995)Some things don't change. Garlic and onions have always smelled less than perfumy on the breath--in Shakespeare's day and now. The images of food and drugs in Shakespeare are ubiquitous and reflect some of the same societal ... -
Fen-Phen Litigation Against American Home Products Corporation: The Widespread Use of Fenfluramine (Pondimin) and Dexfenfluramine (Redux) for Weight Loss, The Health Problems Associated with Those Drugs, the Resulting Litigation Against American Home Prod
(2000)The fen-phen affair has spawned thousands of lawsuits and a multitude of scientific studies concerning valvular heart disease. It has also led to a lively debate over off-label prescriptions, medical monitoring, and class ... -
Fetal Pain, Abortion, Viability and the Constitution
(Wiley-Blackwell for the American Society of Law, Medicine & Ethics, 2011)In early 2010, the Nebraska state legislature passed a new abortion restricting law asserting a new, compelling state interest in preventing fetal pain. In this article, we review existing constitutional abortion doctrine ... -
Fidelity and Constraint
(1997) -
Fidelity, Indeterminacy, and the Problem of Constitutional Evil
(Fordham Law Review, 1997) -
The Fiduciary Obligations of Financial Advisors Under the Law of Agency
(Financial Planning Association, 2014)This paper considers how agency fiduciary law might be applied to a financial advisor with discretionary trading authority over a client's account. It (i) surveys the agency problem to which the fiduciary obligation is ... -
Fifty Shades of Manipulation
(2015)A statement or action can be said to be manipulative if it does not sufficiently engage or appeal to people’s capacity for reflective and deliberative choice. One problem with manipulation, thus understood, is that it fails ... -
Fifty Years of Pension Law
(Drexel University Earle Mack School of Law, 2014)I have been involved in pension law and policy for more than fifty years as a private practitioner, as a government official, as a professor, as a board member of the Pension Rights Center, and as an author of more than a ... -
Film and Media Studies and the Law of the DVD
(University of Texas Press, 2006)