Browsing HLS Scholarly Articles by Title

Now showing items 887-906 of 1913

    • Is Subversion Subversive? 

      Wiseman, Zipporah; Abrams, Kathryn; Franke, Katherine; Kennedy, David W. (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? 

      Sunstein, Cass Robert (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 

      Horwitz, Morton J. (1991)

    • Is There a Constitutional Right to Clone? 

      Sunstein, Cass Robert (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 

      Sunstein, Cass Robert (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 ...

    • Islamic Constitutionalism in Context: A Typology and a Warning 

      Feldman, Noah R. (2010)

    • I’m Not Quite Dead Yet – And Other Health Care Observations 

      Elhauge, Einer Richard (2013)

    • Japan's Postal Savings Showdown 

      Cargill, Thomas F.; Scott, Hal Stewart (Central Banking Publications Ltd., 2005)

    • A Job Is Not a Hobby: The Judicial Revival of Corporate Paternalism and Its Problematic Implications 

      Strine, Leo Edward (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 

      Shay, Stephen E. (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 

      Ramseyer, J. Mark (Washington University School of Law, 2009)

    • John Paul II's Challenges to the Social Sciences 

      Glendon, Mary Ann Ann (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, ...

    • John Perry Barlow's Call for Persuasion Over Power 

      Zittrain, Jonathan (Duke University School of Law, 2019-08)
      John Perry Barlow’s insights were inseparable from his lyrical way of conveying them. Paragraphs like this from his seminal 1994 essay The Economy of Ideas come to mind: What was previously considered a common human resource, ...

    • Judges as Medical Decision Makers: Is the Cure Worse than the Disease 

      Stone, Alan Abraham (1984)
      I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the ...

    • Judging Appointee's Green Record 

      Lazarus, Richard James (Environmental Law Institute, 2009)

    • Judging National Security post-9/11: An Empirical Investigation 

      Sunstein, Cass Robert (2008)
      Many people believe that when national security is threatened, federal courts should defer to the government. Many other people believe that in times of crisis, citizens are vulnerable to a kind of "panic" that leads to ...

    • Judging Responsibility, Responsible Judging 

      Goldberg, John C. P. (2015)
      I am honored to have this opportunity to pay public tribute to Judge Weinstein. The most important things to say about him are the most obvious. He is superhuman—learned and wise beyond measure, eternally curious, impossibly ...

    • Judicial Decision Making: A Dynamic Reputation Approach 

      Cohen, Alma; Klement, Alon; Neeman, Zvika (University of Chicago Law School., 2015)
      We seek to contribute to an understanding of how judicial elections affect the incentives and decisions of judges. We develop a theoretical model suggesting that judges who are concerned about their reputation would tend ...

    • Judicial Deference to Inconsistent Agency Statutory Interpretations 

      Givati, Yehonatan; Stephenson, Matthew Caleb (University of Chicago Press, 2011)
      Although administrative law doctrine requires courts to defer to an agency’s reasonable statutory interpretation, the doctrine is unclear as to whether an agency gets less deference when it changes its own prior interpretation. ...

    • The Judicial Repeal of the Johnson/Kennedy Administration's 'Signature' Achievement 

      Gertner, Nancy (2014)
      The Civil Rights Act of 1964, one of the most significant legislative achievements in American history, has been gutted. This is not because of Congress, or an Executive agency; it is because of the courts. Federal judges, ...