Browsing HLS Scholarly Articles by Title
Now showing items 1448-1467 of 1913
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Requiring Active Choosing is a Form of Paternalism
(2014-09-22)Many people insist on drawing a line between active choosing and paternalism, but that line is often illusory. Whenever private or public institutions override people’s desire not to choose, and insist on active choosing, ... -
Research and the Justice Mission of Law Schools
(1992)There are some obvious things to say about research and the justice mission of law schools, and many other contributors to this discussion have said them. For example, jurisprudence lies at the core of the classical legal ... -
The Resilience of Nationality
(Washington, American Society of International Law, 2007) -
Resolving Legal Uncertainty: The Unfulfilled Promise of Advance Tax Rulings
(2009)Advance tax rulings allow taxpayers to achieve certainty about the tax consequences of contemplated transactions, and are thus considered indispensable in the modern world of tax administration and compliance. After providing ... -
Resolving Reverse-Payment Settlements With The Smoking Gun Of Stock Price Movements
(2015)The Supreme Court recently held that in reverse payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder’s anticipated litigation costs, absent ... -
Resource Constraints and the Criminal Justice System: Evidence from Judicial Vacancies
(Harvard John M. Olin Center for Law, Economics, and Business, 2015)Ten percent of federal judgeships are currently vacant, yet little is known on the impact of these vacancies on criminal justice outcomes. Using judge deaths and pension eligibility as instruments for judicial vacancies, ... -
Respecting Dissent: Justice Ginsburg’s Critique of the Troubling Invocation of Appearance
(Harvard Law School, 2013) -
Response
(Law Review Association of the Quinnipiac College School of Law, 2008) -
Response to FCC Notice of Inquiry 09-94: “Empowering Parents and Protecting Children in an Evolving Media Landscape”
(2010-03-25)his paper is a response to the FCC's Notice of Inquiry (09-94) on Empowering Parents and Protecting Children in an Evolving Media Landscape (PDF). The response synthesizes current research and data on the media practices ... -
Response to Sanford Levinson: Who Counts—The Politics of Racial Membership and Excommunication
(Saint Louis University, 2014) -
Response: Liberal Political Theory and the Prerequisites of Liberal Law
(1999)Professor Kautz, a political theorist, tells lawyers to stick to our lasts. We ought to do only law and refrain from seeking assistance from political theory. This is not, however, because we are likely to do badly as ... -
Restructuring Failed Financial Firms in Bankruptcy: Selling Lehman’s Derivatives Portfolio
(Harvard John M. Olin Center for Law, Economics, and Business, 2014)Lehman Brothers’ failure and bankruptcy is widely thought to have deepened the 2008 financial crisis whose negative effects the real economy is still experiencing. Yet, while financial regulation has changed in hopes of ... -
Rethinking Diversity and Proxies for Economic Disadvantage: A First Generation Students' Project
(2014)On the fiftieth anniversary of the Civil Rights Act of 1964, this Article argues for a renewed focus on disadvantage and social mobility in passage of the Civil Rights Act and originally advocated affirmative action, the ... -
Rethinking the Advantage of Tax Deferral
(Section on Taxation, American Bar Association, 2009) -
Rethinking the Temporary Breach Puzzle: A Window on the Future of International Trade Conflicts
(Yale Law School, 2015)The World Trade Organization (WTO) is held out as an exemplar of an effectively functioning international “court.” Yet, a puzzle remains unexplained: in WTO litigation, a respondent found to have enacted an illegal trade ... -
Rethinking the Tension Between Peace and Justice: The International Criminal Prosecutor as Diplomat
(Harvard Law School, 2013)“Using the war in Afghanistan as a backdrop, this paper asks: in deciding whether to investigate or prosecute possible war crimes, should the Prosecutor of the International Criminal Court take into account the possibility ... -
Retrato del jurista global o la ética del nuevo cosmopolitismo (Portrait of the Global Jurist or the Ethics of the New Cosmopolitism)
(Sevilla Universidad de Huelva, 2009)