Browsing HLS Scholarly Articles by Title

Now showing items 201-220 of 1913

    • The Central Arctic Ocean fisheries moratorium: A rare example of the precautionary principle in fisheries management 

      Calderwood, Cayla; Ulmer, Frances (Cambridge University Press (CUP), 2023)
      On 25 June 2021, a historic fisheries Agreement entered into force: The Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAO). Nine countries and the European Union agreed to refrain from ...

    • The Challenge of Developing Effective Public Policy on the Use of Social Media by Youth 

      Palfrey, John Gorham (Federal Communications Bar Association, Indiana University Maurer School of Law, 2010)

    • The Challenge of Providing "Legal Representation" in the United States, South Africa, and China 

      Ogletree, Charles J. (2001)

    • Challenging Expert Rule: The Politics of Global Governance 

      Kennedy, David W. (Faculty of Law, University of Sydney, 2005)
      In my Julius Stone Memorial Address, I explored the hypothesis that everyday decisions made by the professionals who manage norms and institutions which seem to lie in the background of global politics may be more important ...

    • Changes in the Bonding of the Employment Relationship: An Essay on the New Property 

      Glendon, Mary Ann; Lev, Edward R. (The Boston College Law School, 1979)

    • Changing Conceptions of Administration 

      Sunstein, Cass Robert (2014-10-08)

    • Chaos and Evolution in Law and Economics 

      Roe, Mark J. (The Harvard Law Review Association, 1996)
      I refine here the classical evolutionary model from law and economics by modifying it to accommodate three related concepts, one from chaos theory, another of path dependence, and a final one of politically-induced punctuated ...

    • Charades: Religious Allegory in 12 Angry Men 

      Hay, Bruce L. (Chicago-Kent College of Law, 2007)
      This essay, a contribution to a symposium marking the 50th anniversary of the film 12 Angry Men, shows that the film is an intricate, carefully constructed allegory of a series of stories from the Hebrew Bible and the New ...

    • The Charter's Influence Around the World 

      Tushnet, Mark V. (2013)
      Over the past several decades, the influence of the United States Constitution and Supreme Court around the world has waned while that of the Canadian Charter and Supreme Court has increased. This article examines several ...

    • Chevron as a Voting Rule 

      Gersen, Jacob E.; Vermeule, Cornelius Adrian (Yale Law School, 2007)
      In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the Supreme Court created a new framework for judicial deference to agency interpretations of law: courts should defer to an agency interpretation unless ...

    • Chevron as a Voting Rule 

      Gersen, Jacob E.; Vermeule, Cornelius Adrian (Yale Law School, 2007)
      In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the Supreme Court created a new framework for judicial deference to agency interpretations of law: courts should defer to an agency interpretation unless ...

    • Chevron Has Only One Step 

      Stephenson, Matthew Caleb; Vermeule, Cornelius Adrian (Virginia Law Review Association, 2009)
      Chevron, U.S.A. v. Natural Resources Defense Council lays out a two-step process that courts must follow when they review a federal agency's construction of a federal statute. We argue that Chevron, rightly understood, has ...

    • Chevron Step Zero 

      Sunstein, Cass Robert (Virginia Law Review Association, 2006)
      The most famous case in administrative law, Chevron U.S.A. v. Natural Resources Defense Council, Inc., has come to be seen as a counter-Marbury, or even a McCulloch v. Maryland, for the administrative state. But in the ...

    • Chevron's Nondelegation Doctrine 

      Kagan, Elena; Barron, David J. (University of Chicago Press, 2001)

    • Chevronizing Foreign Relations Law 

      Posner, Eric A.; Sunstein, Cass Robert (Yale Law School, 2007)
      A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform ...

    • Child Custody Revisited 

      Mnookin, Robert H. (Duke University School of Law, 2014)

    • Choice or Commonality: Welfare and Schooling After the End of Welfare as We Knew It 

      Minow, Martha Louise (Duke University School of Law, 2014-09-17)
      Reflecting market rhetoric but also potentially advancing spiritual and religious values, school voucher plans dominate current debates on education reform. These voucher plans would enable parents to use public dollars ...

    • Choosing Expensive Tastes 

      Kaplow, Louis (Taylor & Francis Group, Routledge, 2007)
      Expensive tastes play an important role in contemporary theories of distributive justice. In particular, some suggest that individuals are not entitled to compensation for low well-being that is attributable to expensive ...

    • Choosing Not to Choose 

      Sunstein, Cass Robert (2014-09-17)
      Choice can be an extraordinary benefit or an immense burden. In some contexts, people choose not to choose, or would do so if they were asked. For example, many people prefer not to make choices about their health or ...

    • Citizen as Lawyer, Lawyer as Citizen 

      Tushnet, Mark V. (Published by law students of the Marshall-Wythe School of Law., 2009)