Browsing HLS Scholarly Articles by Title
Now showing items 8-27 of 1913
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Abolishing Judicial Review
(2011)An Essay is presented on the judicial review of the proposed amendments of the U.S. Constitution and acts of the U.S. Congress. It further discusses the role of judges as experts in law which include addressing all ... -
Absolute Majority Rules
(Cambridge University Press, 2007)This article considers absolute majority rules, which require the affirmative vote of a majority of all those eligible to vote in the institution. I compare absolute majority rules to simple majority rules under which only ... -
Abstention Doctrine Today
(University of Pennsylvania, 1977) -
Abstention In Constitutional Cases: The Scope of the Pullman Abstention Doctrine
(University of Pennsylvania, 1974) -
Accidents of the Great Society
(University of Maryland, 2005)Although published in 1970, The Costs of Accidents was written in the 1960s. In its boldness, its brilliance, and its progressive aspirations, the book is emblematic of the great society movement out of which it developed. ... -
Accommodating Every Body
(University of Chicago Press, 2014)This Article contends that workplace accommodations should be predicated on need or effectiveness instead of group identity status. It proposes that, in principle, “accommodating every body” be achieved by extending Americans ... -
Accommodating Integration
(University of Pennsylvania Law Review, 2008)In Integrating Accommodation, Elizabeth Emens commendably scrutinizes what could be called the "positive externalities" of disability accommodation and sharpens the policy choices that their recognition should present. ... -
Accommodation of Religion Thirty Years On
(Harvard University, Harvard Law School, 2015) -
Accuracy in the Assessment of Damages
(University of Chicago Press, 1996)Assessment of damages is a principal issue in litigation and, in light of this, we consider the social justification for, and the private benefits of, accurate measurement of harm. Greater accuracy induces injurers to ... -
Accuracy in the Determination of Liability
(University of Chicago Press, 1994)No abstract provided. -
The Accuracy of Traditional Market Power Analysis and a Direct Adjustment Alternative
(Harvard Law School, 1982)No abstract provided. -
Active Choosing or Default Rules? The Policymaker’s Dilemma
(2014)For policymakers, the idea of active choosing has a great deal of appeal, not least because it avoids the charge of paternalism. In many contexts, however, an insistence on active choosing is a form of paternalism, not an ... -
Addressing Global Health Inequities: An Open Licensing Approach for University Innovations
(2005)The article describes the current crisis in access to medicines in the developing world, the existing R&D gap, and the role of universities and other public sector research institutions in exacerbating or ameliorating these ... -
Adjudication As Sport: Rhetoric Astray?
(Osgoode Hall Law School of York University, 2000) -
Administrative Law Goes to War
(Harvard University, Harvard Law School, 2005)What are the President's war-making powers? This essay, a brief reply to an article by Curtis Bradley and Jack Goldsmith, contends that the answer lies in administrative law, at least in the first instance. The President's ... -
Administrative Law in the 1930s: The Supreme Court's Accommodation of Progressive Legal Theory
(Duke University School of Law, 2011)In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address rapidly changing ... -
Administrative Law in the 1930s: The Supreme Court's Accommodation of Progressive Legal Theory
(2011)In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address rapidly changing ... -
The Administrative Law of Borrowed Regulations: Legal Questions Regarding the Bankruptcy Law's Incorporation of IRS Standards
(Norton Bankruptcy Law Adviser, 2008)In the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress included a provision requiring bankruptcy courts evaluating individual debtors' financial circumstances to utilize certain monthly ... -
Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, and Sunstein
(Duke University School of Law, 1989)