Browsing HLS Scholarly Articles by Title
Now showing items 1339-1358 of 1913
-
Products Liability Through Private Ordering: Notes on a Japanese Experiment
(University of Pennsylvania, 1996)Any justification of strict products liability faces a problem: why should the law impose on private contracts made in competitive product markets what is effectively a mandatory insurance contract? Proponents of the current ... -
Professors and Politics
(University of Pennsylvania, 1999) -
Profit for Costs
(De Paul University School of Law, 2014)Courts reward attorneys for investing time in class action lawsuits more generously than they reward them for investing money in the costs of those suits. Class counsel may directly profit on time investments in two ways: ... -
Progressive Constitutionalism: What is "It"?
(Ohio State University, College of Law, 2011) -
The Promise of Prediction Markets
(American Association for the Advancement of Science, 2008)The ability of groups of people to make predictions is a potent research tool that should be freed of unnecessary government restrictions. -
"A Proper Objective": Constitutional Commitment and Educational Opportunity after Bolling v. Sharpe and Parents Involved in Community Schools
(Howard Law School, 2012)“Segregation in public education is not reasonably related to any proper governmental objective, and thus it imposes on Negro children of the District of Columbia a burden that constitutes an arbitrary deprivation of their ... -
Property as a Constitutional Right
(1981) -
Property as the Law of Democracy
(Duke Law School, 2014)In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revitalized property law theory by emphasizing the architectural role that property plays in private law and the ways in which ... -
Property as the Law of Things
(Harvard University, Harvard Law School, 2012)The New Private Law takes seriously the need for baselines in general and the traditional ones furnished by the law in particular. One such baseline is the “things” of property. The bundle of rights picture popularized by ... -
The Property Clause Question
(Wiley-Blackwell, 2012)A “property clause” is a dedicated text in the written basic law of a constitutional-democratic state, addressing the question of the security of asset-holdings (and of their values to their owners) against impairment by ... -
Property Law and the Mortgage Crisis: Libertarian Fantasies and Subprime Realities
(Thomson Reuters (Professional) Australia, 2011)Libertarian thinking is on the rise in the United States, but libertarians wrongly characterise regulation as a deprivation of both freedom and property rights and an inefficient interference with the free market. While ... -
Property Law Conflicts
(Washburn University of Topeka, 2014)What law applies to real property? At one time the answer to this question was simple: the law of the situs. But then the choice-of-law revolution came and legal scholars began to see reasons to depart from the situs law ... -
Property Rights and Liability Rules: The Ex Ante View of the Cathedral
(Michigan Law Review, 2001)Beginning with Calabresi's and Melamed's seminal article, economic analysis of property rights and liability rules has been largely done from an ex post perspective, taking as given the presence of the parties involved and ... -
Property Rules Versus Liability Rules: An Economic Analysis
(Harvard Law School, 1996)Should property rights be protected absolutely -- by property rules -- or instead by the requirement that infringing parties pay for harm done--that is, by liability rules? In this article, we present a systematic economic ... -
Property, Contracts, and Politics
(2007) -
Proposed Instruction
(2001) -
Prudent Investor Rule and Market Risk: An Empirical Analysis
(2015)The prudent investor rule, enacted in every state over the last 30 years, is the centerpiece of fiduciary investment law. Repudiating the prior law's emphasis on avoiding risk, the rule reorients fiduciary investment toward ...