Browsing Harvard Law School by Title
Now showing items 2168-2187 of 2411
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Three Strategies of Interpretation
(University of San Diego, 2005)We may distinguish three styles or strategies of decisionmaking. Under a maximizing approach, the decisionmaker chooses the action whose consequences are best for the case at hand (defining "best" according to some value ... -
Three Symmetries Between Textualist and Purposivist Theories of Statutory Interpretation — And the Irreducible Roles of Values and Judgment Within Both
(Cornell Law Review, 2014)This Article illuminates an important, ongoing debate between “textualist” and “purposivist” theories of statutory interpretation by identifying three separate stages of the interpretive process at which textualists, as ... -
Three Versions of Tax Reform
(1997) -
Through the Correct Lens: Understanding Overprescription of Stimulant Drugs, Their Abuse, and Where the Remedies Lie
(2004)This paper argues that stimulant drugs, such as Ritalin and Adderall, are overprescribed for the treatment of Attention-Deficit/Hyperactivity Disorder. Overprescription is viewed through a physician-centered lens. That is, ... -
Through the Looking Glass: Alice and the Constitutional Foundations of the Public Domain
(Duke University School of Law, 2003)Alice Randall, an African-American woman, was ordered by a government official not to publish her criticism of the romanticization of the Old South, at least not in the words she wanted to use. The official was not one of ... -
“Tied to the Mast”: Most‐Favored‐Nation Clauses in Settlement Contracts
(University of Chicago Press, 2003)Many settlement contracts in lawsuits that involve either multiple plaintiffs or multiple defendants include so‐called most‐favored‐nation (MFN) clauses. If a defendant who faces multiple claims, for example, settles with ... -
TIGHTENING THE BELT ON THE WEIGHT-LOSS INDUSTRY
(1994)Americans dole out $33 billion dollars a year to cure their weight problems, as every year the market is flooded with food and drug products that promise a fast, easy way to a new, slimmer you. Unfortunately, while there ... -
Tightening Your Belt: Inequities and Inconsistencies Regarding the Treatment of Food, Prescription Drugs, and Cigarettes In the United States Bankruptcy Code
(2011)Debtors seeking to file bankruptcy may do so under either Chapter 7 or Chapter 13 of the Bankruptcy Code. In either case, the bankruptcy system must determine what expenses will be allowed for the debtor in bankruptcy, ... -
Timing and Form of Federal Regulation: The Case of Climate
(University of Pennsylvania, 2007) -
Timing Controversial Decisions
(Hofstra University School of Law, 2006)Suppose that members of a state court are prepared to announce a highly controversial ruling. The court might be prepared to rule that a state must allow same-sex marriage, that a state may not continue affirmative action ... -
The Timing of Elections
(University of Chicago Press, 2010) -
Timing Rules and Legal Institutions
(Harvard University, Harvard Law School, 2007)Constitutional and legislative restrictions on the timing of legislation and regulation are ubiquitous, but these “timing rules” have received little attention in the legal literature. Yet the timing of a law can be just ... -
Titles of Nobility: Poverty, Immigration, and Property in a Free and Democratic Society
(Association for Law, Property and Society, 2014) -
To which world regions does the valence–dominance model of social perception apply?
(Springer Science and Business Media LLC, 2021-01-04)Over the last ten years, Oosterhof and Todorov’s valence-dominance model has emerged as the most prominent account of how people evaluate faces on social dimensions. In this model, two dimensions (valence and dominance) ... -
A Toast to the Good Life: Exploring the Regulation of Champagne
(2003)France, in partnership with representatives of various Champagne Houses, crafted detailed rules pertaining to the production and sale of Champagne. These regulations aim to meet twin goals: protection of authentic Champagne ... -
TOBACCO ADVERTISING AND THE FIRST AMENDMENT: A "STRANGE CONSTITUTIONAL DOCTRINE" INDEED
(1995)The FDA's proposed advertising restrictions, described in greater detail infra part II, would ban outdoor advertising for tobacco products within a specified distance of schools and playgrounds; require print advertising ... -
Tolerance in an Age of Terror
(Law Center, University of Southern California, 2007)Law review articles and public interest group advocacy charge the United States since 9/11 with overreaction that jeopardizes legal and cultural commitments to tolerance; recent books and articles addressing several European ... -
Tom Franck and the Manhattan School
(New York University School of Law, 2003)In 1963, he opened an article positioning national courts as a disaggregated international judiciary with a transposition of Holmes, turned what, exactly - coy, ironic, insistent - by the added words "of course": "International ... -
Too Big to Fail Banks: Examining the 'How' of Breaking Up
(2013)The newfound understanding that systemic risk is the central problem of financial regulation, has informed both institutional and regulatory responses to the global financial crisis. At the forefront of the systemic risk ... -
Tort in Three Dimensions
(2011)Should our tort law serve as a model for other nations? The answer depends in part on what one understands it to be. Since the mid-Twentieth Century, progressives have favored 'thin' accounts that treat tort law as having ...