Browsing Harvard Law School by Title
Now showing items 1521-1540 of 2411
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On the Optimal Burden of Proof
(University of Chicago Press, 2011)The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement ... -
On the Possibility of Necessity in Legal Argument: A Dilemma for Holmes and Dewey
(The John Marshall Law School, 2000) -
On The Right to Get High
(2002)This paper argues that the criminalization of drugs, via the criteria the FDA [Food and Drug Administration] uses to put drugs into different schedules, is illegitimate on scientific and philosophical grounds. The most ... -
On the Taxation of Private Transfers
(Harvard John M. Olin Center for Law, Economics, and Business, 2010)This essay considers the appropriate conceptual framework for assessing the taxation of private transfers to individuals. Although it is conventional to emphasize the role of estate and gift taxation or inheritance taxation ... -
On the Tension between Sex Equality and Religious Freedom
(2007)When, if ever, is it legitimate for law to ban sex discrimination by religious institutions? It is best to approach this question by noticing that most of the time, ordinary civil and criminal law are legitimately applied ... -
On the Writing and the Interpretation of Contracts
(Yale University Press, 2006)The major theme of this article is that the interpretation of contracts is in the interests of contracting parties. The general reasons are (a) that interpretation may improve on otherwise imperfect contracts; and (b) that ... -
The On/Off Switch
(2007) -
One Hundred Years of Shellfish Regulation
(1998)Shellfish, as a food category. has a distinctive history of regulation. Unlike meat and poultry, shellfish has never been subject to 100% mandatory product inspection by the federal government. This absence of inspection ... -
One of These Things Is Not Quite the Same: A Comparison of the Patent Doctrine of Equivalents with Suitability for Filing an Abbreviated New Drug Application
(2002)The doctrine of equivalents as applied to chemical patents is compared to the FDA’s findings of bioequivalence in reviewing suitability petitions for filing Abbreviated New Drug Applications (ANDAs). The ... -
One, Two, Three Many Legal Orders: Legal Pluralism and the Cosmopolitan Dream
(New York University, 2007)Over the last few years, innumerable scholars have turned their attention to the fragmentation, disaggregation, and multiplicity of the international legal regime. With so many diverse perspectives on the puzzle, the ... -
“Only Procedural”: Thoughts on the Substantive Law Dimensions of Preliminary Procedural Decisions in Employment Discrimination Cases
(2013)This brief essay was written for a symposium volume, Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination, based on presentations at a conference at New York Law School in April 2012. ... -
Optimal Abuse of Power
(Northwestern University Law School, 2014)I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will ... -
Optimal Discretion in the Application of Rules
(Oxford University Press, 2007)Discretion is examined as a feature of the design of rule-guided systems. That is, given that rules have to be administered by some group of persons, called adjudicators, and given that their goals may be different from ... -
Optimal Income Transfers
(Kluwer Academic Publishers, 2007)A substantial literature addresses the design of transfer programs and policies, including the negative income tax, other means-tested transfers, the earned income tax credit, categorical assistance, and work inducements. ... -
Optimal Law Enforcement with Self-Reporting of Behavior
(University of Chicago Press, 1994)Self-reporting--the reporting by parties of their own behavior to an enforcement authority--is a commonly observed aspect of law enforcement, such as in the context of environmental and safety regulation. We add self-reporting ... -
Optimal Policy with Heterogeneous Preferences
(Berkeley Electronic Press, 2008)Optimal policy rules—including those regarding income taxation, commodity taxation, public goods, and externalities—are typically derived in models with homogeneous preferences. This article reconsiders many central results ... -
Optimal Political Control of the Bureaucracy
(Michigan Law Review, 2008)It is widely believed that insulating an administrative agency from the influence of elected officials, whatever its other benefits or justifications, reduces the agency's responsiveness to the preferences of political ... -
Optimal Proof Burdens, Deterrence, and the Chilling of Desirable Behavior
(American Economic Association, 2011)