Browsing HLS Scholarly Articles by Title

Now showing items 416-435 of 1913

    • Deterring Murder: A Reply 

      Sunstein, Cass Robert; Vermeule, Cornelius Adrian (Stanford Law School, 2006)

    • The Devil's Daughter of Hell Fire: Anger's Role in Medieval English Felony Cases 

      Kamali, Elizabeth (Cambridge University Press (CUP), 2016-12-12)
      During the period at issue in this paper–the thirteenth and fourteenth centuries, when trial juries were first employed in English felony cases–felonious homicide was a catch-all category, with no formal distinction drawn ...

    • Dialogic Judicial Review 

      Tushnet, Mark V. (Arkansas Law Review and Bar Association Journal, inc., 2008)

    • Dialogue, Discourse, and Debate: Introducing the Harvard National Security Journal 

      Minow, Martha Louise (Harvard Law School, 2010)

    • Did Reform of Prudent Trust Investment Laws Change Trust Portfolio Allocation? 

      Sitkoff, Robert H (University of Chicago Press, 2007)
      This paper investigates the effect of changes in state prudent trust investment laws on asset allocation in noncommercial trusts. The old prudent-man rule favored "safe" investments and disfavored "speculation" in stock. ...

    • Differential Response: A Dangerous Experiment in Child Welfare 

      Bartholet, Elizabeth (2014-08-06)
      Differential Response (DR) represents the most important child welfare initiative of the day, with DR programs rapidly expanding throughout the country. It would radically change our child welfare system, diverting the ...

    • Digital Identity Interoperability and eInnovation 

      Palfrey, John; Gasser, Urs (2009-03-24)
      This paper, one of three case studies in a transatlantic research project exploring the connection between Information and Communication Technology interoperability and eInnovation, considers the current state and possible ...

    • Digitally Connected: Global Perspectives on Youth and Digital Media 

      Gasser, Urs; Cortesi, Sandra C. (Berkman Center for Internet & Society, 2015)
      Reflecting on the 25th anniversaries of the invention of the World Wide Web by Sir Tim Berners-Lee and the adoption of the Convention on Rights of the Child by the US General Assembly, the Berkman Center for Internet & ...

    • Direct versus Communications-Based Prohibitions on Price Fixing 

      Kaplow, Louis (Oxford University Press, 2011)
      This article compares two policies toward coordinated oligopolistic price elevation. Most commentators endorse the view that the law should (and does) prohibit only those price elevations produced by certain sorts of ...

    • Directions for International Tax Reform:, Hearing Before the U.S. Senate Committee on Finance, Hearing on International Tax Reform 

      Shay, Stephen E. (2017)
      Testimony before the U.S. Senate Committee on Finance Hearing on International Tax Reform, October 3, 2017. Objectives for Tax Reform Tax reform should maintain or enhance our tax system’s current level of progressivity ...

    • Director Liability 

      Bebchuk, Lucian Arye; Strine, Leo E. Jr.; Bachelder, Joseph; Campos, Roel; Georgiou, Byron; Hevesi, Alan; Lerach, William; Mendelsohn, Robert; Monks, Robert; Myerson, Toby; Olson, John; Wilcox, John (Delaware Law School of Widener College, 2006)
      This article contains the edited transcript of a forum on personal liability of directors held at Harvard Law School in November 2005. Eleven panelists offer their diverse views and perspectives on this subject. The ...

    • Disability Cause Lawyers 

      Waterstone, Michael E.; Stein, Michael Ashley; Wilkins, David B. (2012)
      There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no ...

    • The Disciplines of International Law and Policy 

      Kennedy, David W. (Cambridge University Press (CUP), 1999)
      This article considers the idea that the professional and intellectual disciplines which have developed in the United States to advance insight into international affairs also have characteristic blind spots and biases ...

    • The Disclosure Function of the Patent System (or Lack Thereof) 

      Roin, Benjamin N. (Harvard University, Harvard Law School, 2005)

    • Disclosure: Psychology Changes Everything 

      Loewenstein, George; Sunstein, Cass Robert; Golman, Russell (2014)
      We review literature examining the effects of laws and regulations that require public disclosure of information. These requirements are most sensibly imposed in situations characterized by misaligned incentives and ...

    • Discord 'Behind the Table': The Internal Conflict Among Israeli Jews Concerning the Future of Settlements in the West Bank and Gaza 

      Mnookin, Robert H.; Eiran, Ehud (School of Law, University of Missouri-Columbia, 2005)
      The Israeli-Palestinian conflict is deeply paradoxical: the basic outline of a deal is reasonably clear and yet this violent conflict persists with over 4,000 causalities since the collapse of the last significant effort ...

    • Discounting Dollars, Discounting Lives: Intergenerational Distributive Justice and Efficiency 

      Kaplow, Louis (University of Chicago Press, 2007)
      The view that intergenerational distributive justice and efficiency should be treated separately is familiar, yet controversial. This Article elaborates the often-implicit justifications for separate treatment and provides ...

    • Discretionary Deportation 

      Neuman, Gerald L. (Georgetown University Law Center, 2006)

    • Disgorgement as an Antitrust Remedy 

      Elhauge, Einer Richard (American Bar Association, 2009)
      Disgorgement of illicitly-gained profits is a legally available remedy, but is rarely sought by antitrust agencies. This piece argues that the main conventional explanation for its rare usage - the availability of private ...

    • The Dispensable Lives of Soldiers 

      Blum, Gabriella (Oxford University Press (OUP), 2010)
      Why are all soldiers fair game in war? The laws of war, under their current interpretation, divide up populations into two classes – that of civilians and that of combatants – and accord each its own set of privileges and ...