Browsing HLS Scholarly Articles by Title
Now showing items 312-331 of 1913
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Contesting the Character of the Political Economy in the Early Republic: Rights and Remedies in Chisholm v. Georgia
(Reprinted with permission by Ohio University Press, 2002)The U.S. Constitution left it notoriously ambiguous whether individuals could sue sovereign states for breach of contract in federal court. Within a few years, the issue had produced a constitutional crisis, famously acted ... -
Contract and Fiduciary Duty in Corporate Law
(The Boston College Law School, 1997) -
Contractual Holdup and Legal Intervention
(University of Chicago Press, 2007)This article develops the point that incentive and risk‐bearing problems associated with contractual holdup may justify legal intervention. Contractual holdup is considered both for fresh contracts and for modifications ... -
Contrived Threats v. Uncontrived Warnings: A General Solution to the Puzzles of Contractual Duress, Unconstitutional Conditions, and Blackmail
(University of Chicago Press, 2015)Contractual duress, unconstitutional conditions, and blackmail have long been puzzling. The puzzle is why these doctrines sometimes condemn threatening lawful action to induce agreements, but sometimes do not. This article ... -
The Controversial Status of International and Comparative Law in the United States
(Harvard Law School, 2010)In recent years, I have watched the swirling debate over whether the United States courts should consult international or comparative law. As a law professor, the debate has puzzled me, for international and comparative ... -
Conventions in Court
(2013)In the Commonwealth nations, a constitutional “convention” denotes an unwritten but obligatory constitutional custom or norm. The question I will address is whether public law in the United States should be understood to ... -
Conventions of Agency Independence
(Columbia Law Review Association, Inc., 2013)It is often said that the legal touchstone of agency independence is whether agency heads are removable at will or only for cause. Yet this condition is neither necessary nor sufficient for operational independence. Many ... -
Copyright in the Digital Age
(Scarecrow Press, 2013) -
The Core Of An Uneasy Case For Judicial Review
(Harvard University, Harvard Law School, 2008)The best case for judicial review in politically and morally healthy societies does not depend (as is commonly believed) on the idea that courts are more likely than legislatures to define vague rights correctly. It rests ... -
Corporate Governance 2.0
(Graduate School of Business Administration, Harvard University, 2015)The article cites several examples of questionable corporate governance including those involving retailer J. C. Penney, bank J. P. Morgan Chase & Co., and drug company Allergan, and discusses principles the author believes ... -
Corporate Governance and Corporate Political Activity: What Effect will Citizens United have on Shareholder Wealth?
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2010)In Citizens United, the Supreme Court relaxed the ability of corporations to spend money on elections, rejecting a shareholder-protection rationale for restrictions on spending. Little research has focused on the relationship ... -
Corporate Governance and Its Political Economy
(2015)To fully understand governance and authority in the large corporation, one must attend to politics. Because basic dimensions of corporate organization can affect the interests of voters, because powerful concentrated ... -
Corporate Governance Changes in the Wake of the Sarbanes-Oxley Act: A Morality Tale for Policymakers Too
(Georgia State University College of Law, 2005) -
Corporate Law's Limits
(University of Chicago Press, 2002)A strong theory has emerged that the quality of corporate law primarily determines whether ownership and control separate, particularly to the extent law stymies controllers' self-dealing transactions that damage minority ... -
Corporate Philanthropy as Signaling and Co-Optation
(2012)This Article provides a new perspective on corporate philanthropy by examining a previously unnoticed mechanism through which corporate pro-sociality enhances firm value: signaling. In particular, cash donations can signal ... -
Corporate Political Speech, Political Extortion, and the Competition for Corporate Charters
(University of Chicago Press, 2002)This article explores the policy bases for, and the political economy of, the law's long-standing discrimination against corporate political speech. This Article also explores the relevance of state law regulation of ... -
Corporate Political Speech: Who Decides?
(Harvard University, Harvard Law School, 2010)The Supreme Court spoke clearly this Term on the issue of corporate political speech, concluding in Citizens United v. FEC that the First Amendment protects corporations’ freedom to spend corporate funds on indirect support ... -
Corporate Responsibility in a Free and Democratic Society
(Case Western Reserve University School of Law, 2008)The article discusses the social responsibility of corporations in a democratic society in the U.S. It notes the potential of corporations to cut wages of employees and giving robust salary to executives as a moral obtuseness. ... -
The Corporate Shareholder's Vote and its Political Economy, in Delaware and in Washington
(Harvard Law School, 2012)Shareholder power to effectively nominate, contest, and elect the company's board of directors became core to the corporate governance reform agenda in the past decade, as corporate scandal and financial stress put business ...