Browsing HLS Scholarly Articles by Title
Now showing items 556-575 of 1913
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Fairness in International Taxation: The Ability-to-Pay Case for Taxing Worldwide Income
(Tax Analysts, 2001)Although the ability-to-pay fairness principle is a foundational element of American income tax policy, it has played a surprisingly small role in evaluating the U.S. international income tax regime. Perhaps this is because ... -
Fairness Versus Welfare
(Harvard Law School, 2001)The thesis of this Article is that the assessment of legal policies should depend exclusively on their effects on individuals'welfare. In particular, in the evaluation of legal policies, no independent weight should be ... -
Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice
(University of Chicago Press, 2003)In Fairness versus Welfare, we advance the thesis that social policies should be assessed entirely on the basis of their effects on individuals’ well‐being. This thesis implies that no independent weight should be accorded ... -
Family Law in Turbulent Times
(2005)Starting in the mid-1960s, there was a demographic upheaval that radically changed family behavior and the meanings of sex and procreation, marriage, gender, parenthood, family relations and life itself. Family law became ... -
Family Law Reform in the 1980's
(1984) -
Fast, Frugal, and (Sometimes) Wrong
(2005)Do moral heuristics operate in the moral domain? If so, do they lead to moral errors? This brief essay offers an affirmative answer to both questions. In so doing, it responds to an essay by Gerd Gigerenzer on the nature ... -
Fear and Liberty
(New School for Social Research, 2004) -
Federal Corporate Law: Lessons From History
(Columbia Law Review Association, Inc., 2006)This paper analyzes the history of federal intervention in corporate law and draws from it lessons for the future. We show that federal intervention has generally not alternated between tightening state law restrictions ... -
Federal Intervention to Enhance Shareholder Choice
(Virginia Law Review Association, 2001)The modern approach to corporate reorganizations begins in a curious place. Everywhere else in corporate law, we focus on those who control the firm and on when others should be able to go to court and reverse their ... -
Federal Rule 16: A Look at the Theory and Practice of Rulemaking
(University of Pennsylvania, 1989) -
Federal Sentencing Under "Advisory" Guidelines: Observations by District Judges
(Fordham Law Review, 2006) -
Federalism and the Generality Problem in Constitutional Interpretation
(Harvard University, Harvard Law School, 2009)In recent years, the Supreme Court has embraced a freestanding federalism that is not tied to any particular clause of the Constitution. Rather, because multiple clauses assume the continued existence of states and set up ... -
Fetal Pain, Abortion, Viability and the Constitution
(Wiley-Blackwell for the American Society of Law, Medicine & Ethics, 2011)In early 2010, the Nebraska state legislature passed a new abortion restricting law asserting a new, compelling state interest in preventing fetal pain. In this article, we review existing constitutional abortion doctrine ... -
Fidelity and Constraint
(1997) -
Fidelity, Indeterminacy, and the Problem of Constitutional Evil
(Fordham Law Review, 1997) -
The Fiduciary Obligations of Financial Advisors Under the Law of Agency
(Financial Planning Association, 2014)This paper considers how agency fiduciary law might be applied to a financial advisor with discretionary trading authority over a client's account. It (i) surveys the agency problem to which the fiduciary obligation is ... -
Fifty Shades of Manipulation
(2015)A statement or action can be said to be manipulative if it does not sufficiently engage or appeal to people’s capacity for reflective and deliberative choice. One problem with manipulation, thus understood, is that it fails ...