Browsing HLS Scholarly Articles by Title
Now showing items 259-278 of 1913
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Commons-Based Strategies and the Problems of Patents
(American Association for the Advancement of Science, 2004) -
Community and Custom in Property
(The Berkeley Electronic Press, 2009)Community custom has played a limited but important role in the law of property. In addition to a few major historic examples such as mining camp rules and whaling, property law sometimes relies on community custom, for ... -
Comparative Litigation Rates
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2010)We know the stereotype: People around the world see American citizens as eager to sue and American judges as powerful shapers of the social order. Yet we find it hard to measure the magnitude of that eagerness and power. ... -
Compensated Surrogacy
(Washington Law Review Association, 2014)Even jurisdictions that have declared surrogacy contracts unenforceable, like New Jersey, Indiana, or Nebraska, for example, can be sites for full voluntary performance of a surrogacy agreement. ... Whether or not it opts ... -
Competing Presumptions About Statutory Coherence
(Fordham Law Review, 2006) -
The Competitive Enforcement of Property Rights in Medieval Japan: The Role of Temples and Monasteries
(Elsevier, 2009)Medieval Japanese governments only haphazardly secured property rights. To obtain their security, many landholders instead turned to temples (and monasteries). Temples paid no taxes and controlled enough resources to ... -
A Compilation of Materials Apparently Reflective of States’ Views on International Legal Issues pertaining to the Use of Algorithmic and Data-reliant Socio-technical Systems in Armed Conflict
(Harvard Law School Program on International Law and Armed Conflict, 2020-12)This document is a compilation of materials that at least appear to be reflective of one or more states’ views on international legal issues pertaining to the actual or possible use of algorithmic and data-reliant ... -
Complementary Constraints: Separation of Powers, Rational Voting, and Constitutional Design
(Harvard University, Harvard Law School, 2010)This Article explores how the separation of powers affects voters’ electoral strategies, and how this interaction influences the performance of different institutional arrangements. We show that when one political agent, ... -
Computational Intelligence for Evaluating the Air Quality in the Center of Madrid, Spain
(Springer International Publishing, 2020)This article presents the application of data analysis and computational intelligence techniques for evaluating the air quality in the center of Madrid, Spain. Polynomial regression and deep learning methods to analyze the ... -
Concavity of Utility, Concavity of Welfare, and Redistribution of Income
(Kluwer Academic Publishers, 2010)The marginal social value of income redistribution is understood to depend on both the concavity of individuals’ utility functions and the concavity of the social welfare function. In the pertinent literatures, notably on ... -
Concepcion's Pro-Defendant Biasing of the Arbitration Process: The Class Counsel Solution
(2014-12-17)By mandating that numerous plaintiffs litigate their common question claims separately in individual arbitrations rather than jointly in class action arbitrations, the Supreme Court in AT&T Mobility LLC v. Concepcion ... -
Concluding Remarks on Creditor Protection
(The Hague : T.M.C. Asser Press, 2006)Summarizing the many thoughtful papers presented at this conference is a difficult task for an outside observer of European law reform. In lieu of bad comments on good papers, I offer instead my own observations on several ... -
Conflicting Values in Law
(Fordham Law Review, 1994) -
Conflicts of Interest in Japanese Insolvencies: The Problem of Bank Rescues
(bepress, 2005)Economists and legal scholars routinely posit an implicit contract between Japanese firms and their principal lender (called their "main bank"). Under this arrangement, the bank implicitly agrees to rescue the firm (through ... -
Confronting the Seduction of Choice: Law, Education and American Pluralism
(Yale Law School, 2011)School choice policies, which allow parents to select among a range of options to satisfy compulsory schooling for their children, have arisen from five periods of political and legal struggle. This Feature considers the ... -
Congressional Authorization and the War on Terrorism
(Harvard University, Harvard Law School, 2005)This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional ... -
Consent and Exchange
(University of Chicago Press, 2010)In some exceptional circumstances, a restitution rule entitles parties that unilaterally confer a benefit on another party to recover the estimated value of the benefit. Usually, however, the law applies a mutual consent ...