Browsing HLS Scholarly Articles by Title
Now showing items 879-898 of 1913
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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 ... -
Is Moral Reasoning Conceptual Interpretation
(The Boston University School of Law, 2010) -
Is OSHA Unconstitutional?
(Virginia Law Review Association, 2008)Under the Occupational Safety and Health Act, the Secretary of Labor is authorized to issue whatever standards are reasonably necessary or appropriate to provide safe or healthful places of employment. More than any other ... -
Is Pluralism an Ideal or a Compromise: An Essay for Carol Weisbrod
(University of Connecticut School of Law, 2008)How much room should a secular democracy ensure for religious and ethnic subgroups - and when it does so, is this a matter of normative principle or instead a compromise of principles? A prime context for this question ... -
Is Privacy a Woman?
(Georgetown Law Journal Association, 2009)This essay is about the representation of privacy. Focusing on several of the Supreme Court's Fourth Amendment cases regarding the police and the home, I explore judicial articulations of the meaning of private space. ... -
Is Subversion Subversive?
(University of Texas at Austin, School of Law Publications, Inc, 2003)In the framework of the conference, which was an attempt to look at subversion in the past, present, and hopefully in the future, there was an omnipresent theme which Janet Halley started us off with in the opening round ... -
Is the Clean Air Act Unconstitutional?
(2015-01-20)When the Environmental Protection Agency (EPA) issues national ambient air quality regulations, it should meet two requirements. First, the EPA should specify, to the extent possible in quantitative terms, the range of ... -
Is the Third Amendment Obsolete
(1991) -
Is There a Constitutional Right to Clone?
(2002)Recent scientific innovations, and proposed legislation, have raised questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional “right to clone.” ... -
Is Tobacco a Drug? Administrative Agencies as Common Law Courts
(Duke University School of Law, 1998)Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its ... -
Japan's Postal Savings Showdown
(Central Banking Publications Ltd., 2005) -
A Job Is Not a Hobby: The Judicial Revival of Corporate Paternalism and Its Problematic Implications
(2015)This article connects the Supreme Court’s decision in Burwell v. Hobby Lobby to the history of “corporate paternalism.” It details the history of employer efforts to restrict the freedom of employees, and legislative ... -
Jobs, Deficit Reduction, Revenues, and Fundamental Tax Reform
(Tax Analysts and Advocates, 2011)In this article, Shay argues that flat opposition to revenue increases has contributed to U.S. economic vulnerability and has had unintended effects, including contributing to increased deficits instead of smaller government. ... -
John Haley and the American Discovery of Japanese Law
(Washington University School of Law, 2009) -
John Paul II's Challenges to the Social Sciences
(Published by the Center for Economic Personalism, 2007)Time and again, by word and example, John Paul II urged social scientists to reexamine some of their most fundamental presuppositions. He asked them to be mindful of the unity that underlies their fragmented disciplines, ...