Harvard Law School
Recent Submissions
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Lowering the Bar to Raise the Bar: Licensing Difficulty and Attorney Quality in Japan
(Harvard John M. Olin Center for Law, Economics, and Business, 2013)Under certain circumstance, a relaxation in occupational licensing standards can increase the quality of those who enter the industry. The effect turns on the opportunity costs of preparing for the licensing examination: ... -
Sherman v. Department of Public Safety: Institutional Responsibility for Sexual Assault
(Walter de Gruyter GmbH, 2023-11-06)This article addresses the intersection of three important topics: sexual assault, police misconduct, and employer liability for employee torts. As to the last of these, while there have long been debates among jurists in ... -
Trying and Succeeding
(Bloomsbury Press, 2024-08-08)In “Duties to Try and Duties to Succeed,” Stephen Smith distinguishes two types of duties one might find in areas of private law such as contracts and torts: (1) duties to succeed (such as a duty not to trespass on another’s ...