Browsing Harvard Law School by Title
Now showing items 834-853 of 2411
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The Future of Affirmative Action: Reclaiming the Innovative Deal
(California Law Review Inc., 1996) -
The Future of Community Justice
(2005)In recent years, a series of crime control practices known collectively as community justice have reintroduced rehabilitation and discretion to control certain minor crimes. This parallel system for approaching minor crime ... -
Future of Defense Advocacy
(University of Pennsylvania, 1988) -
The Future of the Internet and How to Stop It
(Yale University Press, 2008)This extraordinary book explains the engine that has catapulted the Internet from backwater to ubiquity—and reveals that it is sputtering precisely because of its runaway success. With the unwitting help of its users, the ... -
The Future of the Second Amendment
(Albany Law School, 2008)This Essay is being written prior to the Supreme Court’s consideration of District of Columbia v. Heller, and is being published prior to the Court’s expected decision. Although at the time I write this Essay the Court’s ... -
Gene Therapy: Cure or Poison? The Proper Role of the FDA in the Bubble Boy Disease Question
(2004)On January 14, 2003, the Food and Drug Administration “suspended 27 gene therapy trials involving several hundred patients after learning that a second child treated in France had developed a condition ... -
A General Rationale for a Governmental Role in the Relief of Large Risks
(2014)The government often provides relief against large risks, such as disasters. A simple, general rationale for this role of government is considered here that applies even when private contracting to share risks is not subject ... -
The Generative Internet
(Harvard University, Harvard Law School, 2006)The generative capacity for unrelated and unaccredited audiences to build and distribute code and content through the Internet to its tens of millions of attached personal computers has ignited growth and innovation in ... -
Genesis: The Birth of the FDA in the Patent Office
(1999)The FDA did not take its current form until 1938. Prior to that it had gone through a period in which its power and purpose evolved as the needs and desires of the American public changed. In this paper, I seek to trace ... -
Genetic Testing and Government Regulation: The Growing Significance of Pharmacogenomics
(2003)Genetic testing, currently a diagnostic tool used by only a small fraction of the population, promises to become a routine and critical part of medical care and drug prescription in the near future. This change will come ... -
Gently Down the Stream: How Exploding Steamboat Boilers in the 19th Century Ignited Federal Public Welfare Regulation [REDACTED VERSION]
(2002)Boiler explosions plagued the steamboat industry during the early years of its existence (1816-1852), costing thousands of lives and prompting the federal government to enact private welfare regulation for the first time. ... -
Getting From Here to There: The Transition Tax Issue
(Tax Analysts, 2017)If there is fundamental U.S. international income tax reform, regardless of the reform option chosen, the United States must decide how to handle the $2.4 trillion to $2.6 trillion of previously untaxed foreign income ... -
Getting Serious About Cross-Border Earnings Stripping: Establishing an Analytical Framework
(North Carolina Law Review, 2015)The term “corporate inversion” is used to identify several transactional forms by which U.S. resident corporations are converted into foreign corporations or into U.S. subsidiaries of foreign corporations. These transactions ... -
GHB’s Path to Legitimacy: An Administrative and Legislative History of Xyrem
(2004)This paper traces the path of a chemical compound (gamma-hydroxybutyrate, or GHB) from its status as an abused street drug to that of a legitimate, life-altering prescription treatment for a debilitating condition. It ... -
The Ghost of the Declaration Present the Legal Force of the Declaration of the Independence Regarding Acts of Congress
(University of South California Law Center, 2016)I distinguish three ways by which references to the Declaration of Independence might enter into American legal argument. In primary-legal mode, the Declaration ranks as supreme law beside or above the Constitution, setting ... -
Gideon v. Wainwright's Application in the Courts Today
(Pace Law School, 1990) -
A GILTI High-Tax Exclusion Election Would Erode the U.S. Tax Base
(Tax Analysts, 2019-11-18)This article is slightly edited from a public comment letter originally submitted to Treasury and the IRS. The article argues that the proposed elective expansion of a high-tax exclusion from the reach of GILTI is inconsistent ... -
Giving You Wings: Should the Food and Drug Administration Investigate the Safety of Red Bull and So-Called Energy Drinks?
(2003)Discussion of potential FDA regulation of energy drinks such as Red Bull. -
Glamorization or Condemnation: The Accuracy of Hollywood’s Portrayal of Heroin Use in Motion Pictures in the 1990’s
(2004)The United States saw a dramatic increase in heroin use during the 1990’s. During that same time, heroin references in popular music, movies, and fashion became increasingly common. This paper seeks to ...