Browsing Harvard Law School by Title
Now showing items 2148-2167 of 2411
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Testing Minimalism: A Reply
(Michigan Law Review, 2005)Some judges are less ambitious than others; they have minimalist tendencies. Minimalists are unambitious along two dimensions. First, they seek to rule narrowly rather than broadly. In a single case, they do not wish to ... -
Texas Unconvincing in Clean Air Suit
(Environmental Law Institute, 2012) -
The case for facilitating competing tender offers
(Harvard University, Harvard Law School, 1982) -
The Science of Fake News
The rise of fake news highlights the erosion of long-standing institutional bulwarks against misinformation in the internet age. Concern over the problem is global. However, much remains unknown regarding the vulnerabilities ... -
Theories and Tropes: A Reply to Posner and Kelman
(Stanford Law School, 1998) -
Theory and Practice in Statutory Interpretation
(The School of Law, Texas Tech University, 2011) -
A Theory of Utilization Review
(De Gruyter, 2007)Through utilization review (UR), managed care organizations (MCOs) monitor and alter physician treatment decisions. We show that the value of UR depends on physician incentives. Not surprisingly, when physicians have ... -
THERAPEUTIC MDMA (ECSTASY): THE FEDERAL GOVERNMENT: A CLOUDY PAST & A HOPEFUL FUTURE
(2000)This Paper will present a comprehensive review of the evolution of MDMA including the historical, legal and medical issues. Part I will present the history of ecstasy prior to its criminalization in 1986. Part II will ... -
"There Have to Be Four"
(University of Maryland, 2005) -
There Is Nothing that Interpretation Just Is
(2014)Some people believe that the very idea of interpretation requires judges to adopt a particular method for interpreting the Constitution. The problem with this view is that in constitutional law, the general idea of ... -
Things that We Would Like to Take for Granted: Minimum Standards for the Legal Framework of a Free and Democratic Society
(2008)We live in an age that glorifies the free market, small government and freedom of contract. Regulations are viewed as interferences with liberty and mandatory terms in contracts are derided as paternalistic interferences ... -
Those Japanese Firms with Their Disdain for Shareholders: Another Fable for the Academy
(1996)We begin in Section II by discussing the modem theory of path dependence. In Section III, we trace the ties between that theory and the orthodox understanding of how Japanese firms behave. Then in Section IV, we report ... -
Thoughts on the Liberal Dilemma in Child Welfare Reform
(College of William and Mary, 2015)This article presents a critique of the self-styled liberal group that has dominated child welfare policy in recent decades, arguing that the group’s policy goals unduly favor parent over child interests, and that its ... -
Threats Without Binding Commitment
(Berkeley Electronic Press, 2002)This paper explores the power of threats in the absence of binding commitment. The threatener cannot commit to carry out the threat if the victim refuses payment, and cannot commit not to carry out the threat if payment ... -
Three Civil Rights Fallacies
(California Law Review, 1991) -
Three Eras of Digital Governance
(Elsevier BV, 2019-10-02)To understand where digital governance is going, we must take stock of where it’s been, because the timbre of mainstream thinking around digital governance today is dramatically different than it was when study of “Internet ... -
Three Pathways to Secure Greater Respect for International Law concerning War Algorithms
(Harvard Law School Program on International Law and Armed Conflict, 2020)Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies ...