Browsing HLS Scholarly Articles by Title
Now showing items 79-98 of 1913
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The Arithmetic of Climate Change
(Elsevier BV, 2021-09-06)In its ideal form, arbitrariness review is an instrument for promoting “deliberative democracy” – a system that combines reason-giving with political accountability. Under arbitrariness review in its current form, courts ... -
Armed Non-State Actors and International Human Rights Law: An Analysis of the Practice of the U.N. Security Council and U.N. General Assembly
(Harvard Law School Program on International Law and Armed Conflict, 2017)Several significant legal, policy, and practical concerns are at issue in whether armed non-state actors (ANSAs) will ultimately be recognized—by all relevant institutions and actors—as bearing human-rights obligations in ... -
Asking the Right Questions About Officer Immunity
(Fordham Law Review, 2011) -
Aspects of the Executive's Power Over National Security Matters: Secrecy Classifications and Foreign Intelligence Wiretaps
(Indiana University School of Law, 1974) -
Assessing BEPS: Origins, Standards, and Responses
(International Fiscal Association, 2017)The G20/OECD’s multi-year campaign to combat base erosion and profit shifting (BEPS) marks a critical step in the evolution of the international tax regime and the roles of institutions that guide it. This General Report ... -
Assessing Punitive Damages...
(University of Chicago Law School, 2014-09-17)This essay reports and discusses the implications of an experimental study involving punitive damage awards. The study finds that in products liability cases, people's normative judgments (about outrageousness and appropriate ... -
Assessing the Chrysler Bankruptcy
(Michigan Law Review, 2010)Chrysler entered and exited bankruptcy in 42 days, making it one of the fastest major industrial bankruptcies in memory. It entered as a company widely thought to be ripe for liquidation if left on its own, obtained massive ... -
Assessing the environmental impact of car restrictions policies: Madrid Central case
(Springer International Publishing, 2020)With the increase of population living in urban areas, many transportation-related problems have grown very rapidly. Pollution causes many inhabitants health problems. A major concern for the International Community is ... -
Assessing the Harmlessness of Federal Constitutional Error-A Process In Need of a Rationale
(University of Pennsylvania, 1976) -
Assessing the Proposal for a Global Parliament: A Skeptics View
(Widener University School of Law, 2007) -
Assimilating Environmental Protection into Legal Rules and the Problem with Environmental Crime
(Loyola Law School; 1999, 1994) -
At Least It Was April Fool's Day
(Environmental Law Institute, 2009) -
Austrian Membership in the European Communities
(Harvard University, Harvard Law School, 1990) -
Authoritarian Constitutionalism
(Cornell Law Review, 2015)Legal scholars and political theorists interested in constitutionalism as a normative concept tend to dichotomize the subject. There is liberal constitutionalism of the sort familiar in the modern West, with core commitments ... -
Automatically Green: Behavioral Economics and Environmental Protection
(Harvard University, Harvard Law School, 2014)Careful attention to choice architecture promises to open up new possibilities for environmental protection – possibilities that go well beyond, and that may be more effective than, the standard tools of economic incentives, ... -
The Availability Heuristic, Intuitive Cost-Benefit Analysis, and Climate Change
(Springer Verlag, 2006)Because risks are on all sides of social situations, it is not possible to be “precautionary” in general. The availability heuristic ensures that some risks stand out as particularly salient, whatever their actual magnitude. ... -
Avoiding Absurdity? A New Canon in Regulatory Law
(The Law School of the University of Chicago, 2002)Courts have recently developed a new principle of interpretation: Administrative agencies are not bound by the literal language of regulatory statutes, if they are attempting to ensure against absurd or patently unreasonable ... -
Back on Track 2: The Principles of Corrective Justice for Performance Enhancing Malpractice in Sports
(Pace Law School, 2012)The first version of this article appeared on the Social Science Research Network more than five years ago. At the time, Andrea Carska-Sheppard, Paul Weiler, and Jim Medford suggested an interdisciplinary debate to bring ... -
Background Noise?
(Harvard International Relations Council, 1999)