Browsing HLS Scholarly Articles by Title
Now showing items 1119-1138 of 1910
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Naive Cynicism: Maintaining False Perceptions in Policy Debates
(2008)This is the second article in a multi-part series. In the first part, The Great Attributional Divide, the authors suggested that a major rift runs across many of our major policy debates based on contrasting attributional ... -
Naming Horror: Legal and Political Words for Mass Atrocities
(Journals Division, University of Toronto Press, 2007) -
Narratives of Federalism Of Continuities and Comparative Constitutional Experience
(Duke University School of Law, 2001) -
Nationwide shift to grass-fed beef requires larger cattle population
(IOP Publishing, 2018)In the US, there is growing interest in producing more beef from pasture based systems, rather than grain-finishing feedlot systems due to the perception that it is more environmentally sustainable. Yet existing understanding ... -
The Nature of Coasean Property
(Springer Science + Business Media, 2012)The Coase Theorem is widely regarded as pointing to the importance of positive transaction costs for the analysis of economic institutions. Various interpretations of the Coase Theorem regard transaction costs as some set ... -
Negative-Expected-Value Suits
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2009)We review the literature on negative-expected-value suits (NEV suits) – suits in which the plaintiff would obtain a negative expected return from pursuing the suit all the way to judgment. We discuss alternative theories ... -
Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq
(Cambridge University Press, 2015) -
Negotiation? Auction? A Deal Maker's Guide
(Harvard Business School Publishing, 2009)What's the best way to buy or sell an asset? Should you hold an auction and accept the most attractive offer? Or should you identify the most likely prospects and negotiate with them privately? Auctions became increasingly ... -
Neither Hayek Nor Habermas
(Springer Verlag, 2008)The rise of the blogosphere raises important questions about the elicitation and aggregation of information, and about democracy itself. Do blogs allow people to check information and correct errors? Can we understand the ... -
Net Neutrality as Diplomacy
(Yale Law School, 2010)Popular imagination holds that the turf of a state’s foreign embassy is a little patch of its homeland. Enter the American Embassy in Beijing and you are in the United States. Indeed, in many contexts—such as resistance ... -
Net Regulation: Taking Stock and Looking Forward
(Publication of the University of Colorado School of Law, 2000)The paper reports on a survey of over 700 bills and public laws passed in Congress in the 1990s in which keywords like "internet," "ecommerce," "Web" or similar terms appear. It maps these occurances as expressions of the ... -
“Netwar”: The unwelcome militarization of the Internet has arrived
(Informa UK Limited, 2017-08-21)The architecture and offerings of the Internet developed without much steering by governments, much less operations by militaries. That made talk of “cyberwar” exaggerated, except in very limited instances. Today that is ... -
Neuroscience and Sentencing
(2016)This symposium comes at a propitious time for me. I am reviewing the sentences I was obliged to give to hundreds of men—mostly African American men—over the course of a seventeen-year federal judicial career. As I have ... -
A New Approach to Takeover Law and Regulatory Competition
(Virginia Law Review Association, 2001)The paper puts forward a new approach to two corporate subjects that have been intensively debated in the last three decades, the regulation of takeovers and state competition in the production of corporate law. During ... -
A New Approach to Valuing Secured Claims in Bankruptcy
(Harvard University, Harvard Law School, 2001)In many business bankruptcies in which the firm is to be preserved as a going concern, one of the most difficult and important problems is that of valuing the assets that serve as collateral for secured creditors. Valuing ... -
New Approaches to Comparative Law: Comparativism and International Governance
(S.J. Quinney Law School, University of Utah, 1998) -
New Approaches to International Law Bibliography
(Harvard University, Harvard Law School, 1994) -
The New Business Entities in Evolutionary Perspective
(University of Illinois at Urbana-Champaign, College of Law, 2005)The many legal forms for business organizations that first appeared in the U.S. during the last thirty years - the Limited Liability Company (LLC), the Limited Liability Partnership (LLP), the Limited Liability Limited ... -
A New Deal for Civil Liberties: An Essay in Honor of Cass R. Sunstein
(2007)A central, organizing motif of Cass Sunstein's work is the effort to spell out the consequences of the New Deal for American law. I suggest that anyone who shares Sunstein's premises can and should go even farther in this ...