Browsing HLS Scholarly Articles by Title
Now showing items 151-170 of 1911
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Brennan and Democracy--The 1996-97 Brennan Center Symposium Lecture
(California Law Review Inc., 1998) -
Brexit and the Trouble with an Uncodified Constitution: R (Miller) v Secretary of State for Exiting the European Union
(Vermont Law School, 2018)On June 23, 2016, the United Kingdom voted, unexpectedly, to leave the European Union. That such a decision would have constitutional implications was not surprising, but the vote also caused an unforeseen constitutional ... -
Brief of Amici Curiae J. Richard Harvey, Leandra Lederman, Ruth Mason, Susan Morse, Stephen Shay and Bret Wells in Altera Corp. v. Commissioner, in Support of Respondent-Appellant Commissioner
(2016)The Treasury regulations at issue in Altera Corp. v. Commissioner condition the validity of controlled taxpayers’ income allocation under a cost-sharing agreement upon the requirement that the controlled parties share all ... -
A Brief Response to Richard Epstein
(1996)Richard Epstein, from whom I have learned a lot over the years, is persuasive about some things but not about everything. -
Bringing the Law Back into the History of the Civil Rights Movement
(Cambridge University Press, 2009)It is a pleasure to comment on Nancy MacLean's hugely important book Freedom is Not Enough: The Opening of the American Workplace as an example of what I might call “bringing the law back in” to the history of the civil ... -
Brown v. Board in the World: How the Global Turn Matters for School Reform, Human Rights, and Legal Knowledge
(University of San Diego, 2013)Global perspectives can contribute to our understandings of any one nation’s laws and decisions. In this light, America’s educational landmark, Brown v. Board of Education, matters not just for the United States but around ... -
Bundling and Entrenchment
(Harvard University, Harvard Law School, 2010)Because corporate charters can be amended only with shareholder approval, it is widely believed that new charter provisions appear in midstream only if shareholders favor them. However, the approval requirement may fail ... -
Bundling and Firm Reputation
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2009)By bundling experience goods, a manufacturer can more easily maintain a reputation for high quality over time. Formally, we extend Klein and Lefler's (1981) repeated moral hazard model of product quality to consider ... -
Burden of Proof
(Yale Law School, 2012)The burden of proof is a central feature of all systems of adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign liability ... -
Burdens of Proof in Civil Litigation: An Economic Perspective
(University of Chicago Press, 1997)Burden of proof rules, which require a specified party to produce evidence on a contested issue, are central to the adversary system. In this article, we model burden of proof rules as a device for minimizing the costs of ... -
Burkean Minimalism
(Michigan Law Review, 2006)Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an ... -
Bush v. Gore through the Lens of Constitutional History
(California Law Review Inc., 2001) -
Business Deduction for Personal Living Expenses: A Uniform Approach to an Unsolved Problem
(University of Pennsylvania, 1974) -
Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act
(Open Society Foundations, 2011)This report examines the current efforts in Washington, D.C., to amend the Foreign Corrupt Practices Act (FCPA), a law that forbids U.S.-based companies from bribing foreign officials. Busting Bribery: Sustaining the ... -
Buying Troubled Assets
(Yale Journal on Regulation, 2009)This paper analyzes how government intervention in the market for banks' troubled assets is best designed, and also uses this analysis to evaluate the public-private investment program announced by the U.S. government in ... -
Can Culture Constrain the Economic Model of Corporate Law?
(University of Chicago Press, 2002)The economic model of corporate law could, with a few simple moves, be seen as potentially having cultural limits. Or, better put, the economic model works well in the United States because not much impedes Coasean-style ... -
Can Health Law Become a Coherent Field of Law?
(Wake Forest Law Review, 2006) -
Can the Government Ban Organ Sale? Recent Court Challenges and the Future of US Law on Selling Human Organs and Other Tissue
(Wiley Periodicals Inc., 2012)On December 1, 2011, in Flynn v. Holder, a panel of the US Court of Appeals for the Ninth Circuit upheld the National Organ Transplant Act of 1984 (NOTA) from a constitutional challenge, but interpreted the act such that ... -
Can the Treasury Exempt its Own Companies from Tax? The $45 Billion GM NOL Carryforward
(Cato Institute, 2011)To discourage firms from buying and selling tax deductions, Section 382 of the tax code limits the ability of one firm to use the ‘‘net operating losses’’ (NOLs) of another firm that it acquires. Under the Troubled Asset ... -
Can the United States Afford a "No-Fault" System of Compensation for Medical Injury?
(Duke University School of Law, 1997)One of the key issues separating US critics of a no-fault alternative to the tort system for compensating victims of medical injury from supporters is its anticipated cost. Results from a study are presented that estimate ...