Browsing HLS Scholarly Articles by Title
Now showing items 1347-1366 of 1910
-
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 ... -
The Prudent Investor Rule and Market Risk: An Empirical Analysis
(Harvard John M. Olin Center for Law, Economics, and Business, 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 ... -
The Prudent Investor Rule and Trust Asset Allocation: An Empirical Analysis
(American College of Trust and Estate Counsel, 2010)This article reports the results of an empirical study of the effect of the new prudent investor rule on asset allocation by institutional trustees. Using federal banking data spanning 1986 through 1997, the authors find ... -
Psychiatry in the Legal Process: A Knife That Cuts Both Ways
(Duke University School of Law, 1968) -
Public and Private Enforcement of Securities Laws: Resource-Based Evidence
(Simon Business School. University of Rochester., 2009)Ascertaining which enforcement mechanisms work to protect investors has been both a focus of recent work in academic finance and an issue for policy-making at international development agencies. According to recent academic ... -
The Public and the Private at the United States Border with Cyberspace
(Mississippi Law Journal, 2009)In the twenty-first century, a state can come to know more about each of its citizens via surveillance than ever before in human history. Some states are beginning to exercise this ability. Much of this additional surveillance ... -
Public Deliberation, Affirmative Action, and the Supreme Court
(California Law Review Inc., 1996) -
Public Discourse in the Russian Blogosphere: Mapping RuNet Politics and Mobilization
(2010)We analyzed Russian blogs to discover networks of discussion around politics and public affairs. Beginning with an initial set of over five million blogs, we used social network analysis to identify a highly active ‘Discussion ... -
Public Goods and the Distribution of Income
(Elsevier, 2006)This article addresses conceptual issues concerning the distributive incidence of public goods. Solutions depend on the specific purposes for asking the question of distributive incidence—notably, assessing the extent to ... -
Public/Private Dichotomy: Political Disagreement and Academic Repudiation
(University of Pennsylvania, 1982)