Browsing HLS Scholarly Articles by Title

Now showing items 1403-1422 of 1913

    • Redo the Analysis from the Ground Up 

      Lazarus, Richard James (Environmental Law Institute, 2008)

    • The Redundant Free Exercise? 

      Tushnet, Mark V. (2002)

    • Reflections on Dworkin and the Two Faces of Law 

      Fallon, Richard Henry (1993)

    • Reflections on the hope poster case 

      Fisher, William W.; Cost, Frank; Fairey, Shepard; Feder, Meir (Harvard Law School, 2011)

    • Reflections on the Question of When, If Ever, Violence is Justified in Struggles for Social or Political Change 

      Farbstein, Susan H. (Harvard Law School, 2014)

    • Reflections on the Role of Purpose in the Jurisprudence of the Religion Clauses 

      Tushnet, Mark V. (1986)

    • Reflections on Unenumerated Rights 

      Tribe, Laurence Henry (University of Pennsylvania, 2014)

    • Refugee Law, Gender and Human Rights Paradigm 

      Anker, Deborah Eve (Harvard Law School and Harvard Law School Human Rights Program, 2002)

    • Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court 

      Crespo, Andrew Manuel (The Minnesota Law Review Foundation, 2016)
      Anthony Amsterdam’s seminal Perspectives on the Fourth Amendment opens with a discussion of the various institutional “vexations” that confront the Supreme Court when it works to interpret and implement the Fourth Amendment.  ...

    • Regulating Bankers' Pay 

      Bebchuk, Lucian Arye; Spamann, Holger (Georgetown University Law Center, 2010)
      This paper seeks to make three contributions to understanding how banks’ executive pay has produced incentives for excessive risk-taking and how such pay should be reformed. First, although there is now wide recognition ...

    • Regulating Bankers' Pay 

      Bebchuk, Lucian Arye; Spamann, Holger (Georgetown University Law Center, 2010)
      This paper seeks to make three contributions to understanding how banks’ executive pay has produced incentives for excessive risk-taking and how such pay should be reformed. First, although there is now wide recognition ...

    • Regulating Internalities 

      Sunstein, Cass Robert; Allcott, Hunt (Association for Public Policy Analysis and Management, 2015)
      This paper offers a framework for regulating internalities. Using a simple economic model, we provide four principles for designing and evaluating behaviorally-motivated policy. We then outline rules for determining which ...

    • Regulating Political Risks 

      Vermeule, Cornelius Adrian (TU Law Digital Commons, 2011)
      This is a response to Bruce Ackerman’s Tanner Lectures, “The Decline and Fall of the American Republic,” delivered at Princeton University on April 7-9, 2010. I suggest a framework for clarifying and evaluating Ackerman’s ...

    • Regulating Risks after ATA 

      Sunstein, Cass Robert (2001)
      Whitman v. American Trucking Association was one of the most eagerly awaited regulatory decisions in many years. But the Court’s understated, steady, lawyerly opinion was a bit of an anticlimax, representing a return to ...

    • Regulating Search Engines: Taking Stock And Looking Ahead 

      Gasser, Urs (2006)
      Since the creation of the first pre-Web Internet search engines in the early 1990s, search engines have become almost as important as email as a primary online activity. Arguably, search engines are among the most important ...

    • Regulation as Delegation 

      Bar-Gill, Oren; Sunstein, Cass Robert (2015)
      In diverse areas – from retirement savings, to fuel economy, to prescription drugs, to consumer credit, to food and beverage consumption – government makes personal decisions for us or helps us make what it sees as better ...

    • Regulation in a Multisectored Financial Services Industry: An Exploratory Essay 

      Jackson, Howell Edmunds (1999)
      This Article reviews differences in regulatory structure across sectors of the financial services industry in the United States and then explores the difficulties these differences pose to our current system of regulation ...

    • The Regulatory Lookback 

      Sunstein, Cass Robert (2014)
      Technocratic judgments can have a “cooling function.” An insistent focus on the facts, and on the likely consequences of policies, might soften political divisions and produce consensus. Within the federal government, ...

    • Regulatory Quality Under Imperfect Oversight 

      Bueno de Mesquita, Ethan; Stephenson, Matthew Caleb (Cambridge University Press, 2007)
      We analyze the positive and normative implications of regulatory oversight when the policymaking agency can improve the quality of regulation through effort, but only some kinds of effort are observable by the overseer, ...

    • Regulatory Review for the States 

      Sunstein, Cass Robert; Glaeser, Edward Ludwig (2014)
      For over thirty years, Republican and Democratic presidents have required executive agencies to assess the costs and benefits of significant regulations, and to proceed only if the benefits justify the costs (to the extent ...