Browsing HLS Scholarly Articles by Title
Now showing items 475-494 of 1914
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Economic Regulation and the Rule of Law: Minimum Standards for the Legal Framework of a Free and Democratic Society
(ABA Press, 2009)It is common to view "the free market" and "government regulation" as opposites. This way of framing policy and legal questions suggests that regulation inevitably deprives us of freedom. But another word for "regulation" ... -
The Economic Structure of Fiduciary Law
(The Boston University School of Law, 2011)This essay revisits the economic theory of fiduciary law. Nearly two decades have passed since the publication of the seminal economic analyses of fiduciary law by Cooter and Freedman (1991), and by Easterbrook and Fischel ... -
An Economic Theory of Fiduciary Law
(Oxford University Press, 2014)This chapter restates the economic theory of fiduciary law, making several fresh contributions. First, it elaborates on earlier work by clarifying the agency problem that is at the core of all fiduciary relationships. In ... -
Economics and the Environment: Trading Debt and Technology for Nature
(Columbia Journal of Environmental Law, 1992)In this article, Professor O’Neill and Professor Sunstein first explore and suggest improvements in current debt-for-nature swaps, with the ultimate aim of defending the use of economic incentives and Paretian principles ... -
Economizing Legal D-B8
(University of California, Berkeley School of Law, 2005)Implicitly extending Stigler (1977), William Klein proposes a lexicon of twenty-eight generic arguments for normative corporate law scholarship in Criteria for Good Laws of Business Association. He suggests that adopting ... -
Educating for Participation in the Networked Environment
(Oxford Triangle Journals, 2008) -
Education Contracts of Adhesion in the COVID-19 Pandemic
(University of Illinois College of Law, 2021-02)Stuck inside our house with our young children during the COVID-19 pandemic, we have a newfound appreciation for the vital role that elementary, middle, and high schools play in youth development and the successful functioning ... -
Education for Co-Existence
(2002) -
The Effect of Cost Suppression Under Universal Health Insurance on the Allocation of Talent and the Development of Expertise: Cosmetic Surgery in Japan
(University of Chicago Press, 2009)Japanese national health insurance provides universal coverage. This system necessarily entails a subsidy that dramatically raises the demand for medical services. In the face of the increased demand, the government ... -
The Effect of Delaware Doctrine on Freezeout Structure & Outcomes: Evidence on the Unified Approach
(Harvard Law School, 2015)Historically, Delaware corporate law provided different standards of judicial review for buyouts by controlling shareholders (also known as “freezeouts”). The standards were based on what transactional form was used: ... -
The Effect of Delaware Doctrine on Freezeout Structure and Outcomes: Evidence on the Unified Approach
(Harvard Law School, 2015)Historically, Delaware corporate law provided different standards of judicial review for buyouts by controlling shareholders (also known as “freezeouts”). The standards were based on what transactional form was used: ... -
The Effect of Globalization on Domestic Legal Services
(2000)Globalization, in the context of this panel, refers to international, trans-border processes which are not regulated by the international legal framework, either private law or public international law. These processes, ... -
The Effect of Universal Health Insurance on Malpractice Claims: The Japanese Experience
(Oxford University Press (OUP), 2010)Japanese patients file relatively few medical malpractice claims. To date, scholars have tried to explain this phenomenon by identifying "faults" in the Japanese judicial system. They look in the wrong place. Largely, the ... -
The Effective Enjoyment of Rights
(German Law Journal, 2011) -
Election Timing and Public Policy
(Now Publishers, 2011)There are nearly half a million elected officials in American local governments, and the timing of local elections varies enormously even within the same state. Some local elections are held simultaneously with major federal ... -
Eleventh Amendment and Other Sovereign Immunity Doctrines: Congressional Imposition of Suit Upon the States
(University of Pennsylvania, 1978) -
Eleventh Amendment and Other Sovereign Immunity Doctrines: Part One
(University of Pennsylvania, 1978) -
Ellickson's Extraordinary Look at the Ordinary
(William & Mary Bill of Rights Journal, 2009)It is often said that the mark of great work, and a great theory in particular, is that it seems obvious in retrospect. And among such theories, some of the most impressive are those that aim to explain not just the problems ... -
The Elusive Quest for Global Governance Standards
(2009)Researchers and shareholder advisers have devoted much attention to developing metrics for assessing the governance of public companies around the world. These important and influential efforts, we argue, suffer from a ... -
Emergencies and Democratic Failure
(Virginia Law Review Association, 2006)Critics of emergency measures such as the U.S. government’s response to 9/11 invoke the Carolene Products framework, which directs courts to apply strict scrutiny to laws and executive actions that target political or ...