Browsing Harvard Law School by Title
Now showing items 497-516 of 2408
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Derivatives Markets in Bankruptcy
(Harvard Law School, 2012)By treating derivatives and financial repurchase agreements much more favorably than it treats other financial vehicles, American bankruptcy law subsidizes these arrangements relative to other financing channels. By ... -
Derivatives Safe Harbors in Bankruptcy and Dodd-Frank: A Structural Analysis
(2013)The Bankruptcy Code exempts financial derivatives and repurchase agreements from key provisions, such as the automatic stay. The primary rationale for this special treatment has been the fear that the failure of an important ... -
Derivatives Trading and Negative Voting
(John M. Olin Center for Law, Economics, and Business, 2012)This paper exposits a model of parallel trading of corporate securities (shares, bonds) and derivatives in which a large trader can sometimes profitably acquire securities with their corporate control rights for the sole ... -
Design Copyright: The Latest Judicial Hint
(eSapience, 2013)Earlier this year, in an important copyright ruling, the Supreme Court dropped a puzzling clue about copyright for designs that merits examination. In an opinion authored by Justice Breyer, the Court's foremost copyright ... -
Designing a 21st Century Corporate Tax — An Advance U.S. Minimum Tax on Foreign Income and Other Measures to Protect the Base
(Tax Analysts, 2015)The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This Article continues our exploration of second-best international tax reforms that would protect the U.S. corporate tax base ... -
Designing a U.S. Exemption System For Foreign Income When the Treasury is Empty
(Tax Analysts, 2012)The U.S. government faces a well-documented long-term revenue shortage that is unlikely to be cured by government expenditure reductions. Thus, it is curious that there is currently considerable pressure for the United ... -
Despite Preemption: Making Labor Law in Cities and States
(Harvard University, Harvard Law School, 2011)The preemption regime grounded in the National Labor Relations Act (NLRA) is understood to preclude state and local innovation in the field of labor law. Yet preemption doctrine has not put an end to state and local labor ... -
Determining Optimal Default Savings Rates For 401(K) Plans
(2015)Automatic enrolment in 401(k) plans has succeeded in increasing employee participation rates, but the impact on overall savings rates has been less than might have been expected, as some participants who would have previously ... -
Deterring Murder: A Reply
(Stanford Law School, 2006) -
The Devil's Daughter of Hell Fire: Anger's Role in Medieval English Felony Cases
(Cambridge University Press (CUP), 2016-12-12)During the period at issue in this paper–the thirteenth and fourteenth centuries, when trial juries were first employed in English felony cases–felonious homicide was a catch-all category, with no formal distinction drawn ... -
Dialogic Judicial Review
(Arkansas Law Review and Bar Association Journal, inc., 2008) -
Dialogue, Discourse, and Debate: Introducing the Harvard National Security Journal
(Harvard Law School, 2010) -
Did Reform of Prudent Trust Investment Laws Change Trust Portfolio Allocation?
(University of Chicago Press, 2007)This paper investigates the effect of changes in state prudent trust investment laws on asset allocation in noncommercial trusts. The old prudent-man rule favored "safe" investments and disfavored "speculation" in stock. ... -
Dietary Supplements: A Historical Examination of its Regulation
(2002)The subject of this paper is the regulation of dietary supplements, with the passage of the Dietary Supplement Health and Education Act of 1994 (DSHEA) marked as a turning point. The paper examines the history of regulation ... -
Dietary Supplements: A Review of United States Regulation with Emphasis on the Dietary Supplement Health and Education Act of 1994 and Subsequent Activity
(2004)This paper undertakes a review of notable dietary supplement regulation in the United States. First, this paper discusses dietary supplements generally and their uses and economic characteristics. Second, this paper discusses ... -
Differential Response: A Dangerous Experiment in Child Welfare
(2014-08-06)Differential Response (DR) represents the most important child welfare initiative of the day, with DR programs rapidly expanding throughout the country. It would radically change our child welfare system, diverting the ... -
A Difficult Proposition: Oral Contraceptives' Switch from Prescription to Over-the-counter Status
(1997)The choice between maintaining oral contraceptives at their current prescription drug status or switching the drugs to over-the-counter status, like so many other decisions in Food and Drug Law, has as much to do with ... -
Digital Identity Interoperability and eInnovation
(2009-03-24)This paper, one of three case studies in a transatlantic research project exploring the connection between Information and Communication Technology interoperability and eInnovation, considers the current state and possible ... -
Digitally Connected: Global Perspectives on Youth and Digital Media
(Berkman Center for Internet & Society, 2015)Reflecting on the 25th anniversaries of the invention of the World Wide Web by Sir Tim Berners-Lee and the adoption of the Convention on Rights of the Child by the US General Assembly, the Berkman Center for Internet & ... -
Direct versus Communications-Based Prohibitions on Price Fixing
(Oxford University Press, 2011)This article compares two policies toward coordinated oligopolistic price elevation. Most commentators endorse the view that the law should (and does) prohibit only those price elevations produced by certain sorts of ...