Browsing HLS Scholarly Articles by Title
Now showing items 863-882 of 1913
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Introduction: Political Risk and Public Law
(Oxford University Press (OUP), 2012)On December 15-16, 2011, Harvard Law School convened a conference on “Political Risk and Public Law.” A special issue of the Journal of Legal Analysis will be devoted to publishing papers on this topic by Jon Elster, Edward ... -
Introduction: Pragmatism and Private Law
(Harvard University, Harvard Law School, 2012)It is not difficult to come up with a rough definition of private law. Private law defines the rights and duties of individuals and private entities as they relate to one another. Yet, whereas scholars in commonwealth ... -
Introduction: Reflections on the First Amendment and the Information Economy
(Harvard University, Harvard Law School, 2014)Apparently it is nearly impossible to write about the First Amendment without mentioning Professor Harry Kalven’s observation, quoting Professor Alexander Meiklejohn, that New York Times Co. v. Sullivan was “an occasion ... -
Introduction: The Need for a Philosophical Anthropology
(Indiana University School of Law, 1973) -
Investor Protection and Interest Group Politics
(Oxford University Press (OUP), 2010)This article, which introduces the special issue on corporate governance cosponsored by the Review of Financial Studies and the National Bureau of Economic Research (NBER), reviews and comments on the state of corporate ... -
The Invisible Hand in Legal and Political Theory
(Virginia Law Review Association, 2010)Theorists have offered invisible-hand justifications for a range of legal institutions, including the separation of powers, free speech, the adversary system of litigation, criminal procedure, the common law, and property ... -
Iraq: The Case for Losing
(Brooklyn Law School, 2006) -
Irreconcilable Differences: Judicial Resolution of Business Deadlock
(University of Chicago Press, 2014)This article studies the judicial resolution of business deadlock. Asset valuation, a necessary component of business divorce procedures, can pose serious problems in case of closely-held businesses such as general ... -
The Irrelevance of the Broccoli Argument Against the Insurance Mandate
(Massachusetts Medical Society, 2011) -
Irreversibility
(Oxford University Press, 2010)The concept of "irreversibility" plays a large role in many domains, including public health, medical practice, and environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. ... -
Irreversible and Catastrophic
(Cornell Law Review, 2006)As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. When a harm is irreversible, ... -
Irreversible and Catastrophic: Global Warming, Terrorism, and Other Problems
(Pace University School of Law, 2006)As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. When a harm is irreversible, ... -
Is Breach of Contract Immoral?
(Emory Law Journal, 2006)When, and why, might it be thought immoral to commit a breach of contract? The answer to this fundamental question is not obvious, because, as is stressed, and as has been overlooked in addressing the question, contracts ... -
Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs
(2005)Recent evidence suggests that capital punishment may have a significant deterrent effect, preventing as many eighteen or more murders for each execution. This evidence greatly unsettles moral objections to the death penalty, ... -
Is Cost-Benefit Analysis a Foreign Language
(Taylor & Francis, 2018)Do people think better in a foreign language? In some ways, yes. There is considerable evidence to this effect, at least to the extent that they are less likely to rely on intuitions that can lead to serious errors. This ... -
Is Delaware's Corporate Law Too Big to Fail?
(Brooklyn Law School, 2008)An enduring inquiry for American corporate law scholars is why the small state of Delaware dominates corporate chartering in the United States. Several theories explain the result. I add another partial explanation: size ... -
Is Delaware’s Antitakeover Statute Unconstitutional? Further Analysis and a Reply to Symposium Participants
(American Bar Association, 2010)In an Article published in the May 2010 issue of the Business Lawyer, we examined Delaware doctrine and presented new evidence to conclude that the empirical claim that the federal courts relied upon to uphold Delaware’s ... -
Is Deontology a Heuristic? On Psychology, Neuroscience, Ethics, and Law
(2013)A growing body of psychological and neuroscientific research links dual-process theories of cognition with moral reasoning (and implicitly to legal reasoning as well). The relevant research appears to show that at least ...