Browsing Harvard Law School by Title
Now showing items 528-547 of 2411
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Discretionary Deportation
(Georgetown University Law Center, 2006) -
DISEASE-PREVENTION CLAIMS AND THE FIRST AMENDMENT: "WHO WILL PROTECT US FROM OUR PROTECTORS?"
(1994)The area of disease-prevention claims ("health claims") for food poses a broad spectrum of dilemmas that often arise in the food and drug law area and in other regulatory situations. These recurring questions include: How ... -
Disgorgement as an Antitrust Remedy
(American Bar Association, 2009)Disgorgement of illicitly-gained profits is a legally available remedy, but is rarely sought by antitrust agencies. This piece argues that the main conventional explanation for its rare usage - the availability of private ... -
The Dispensable Lives of Soldiers
(Oxford University Press (OUP), 2010)Why are all soldiers fair game in war? The laws of war, under their current interpretation, divide up populations into two classes – that of civilians and that of combatants – and accord each its own set of privileges and ... -
The Dispensable Lives of Soldiers
(2010) -
The Dissent in National Federation of Independent Business v. Sebelius
(Harvard Law School, 2013) -
Dissenting in General: Herring v. United States, in Particular
(Harvard Law School, 2013) -
The Distinction between Theology and Ethics: A Critical History
(Wiley, 2024-01-16)<jats:title>ABSTRACT</jats:title><jats:p>This article sketches an intellectual history of the distinction between Christian theology and Christian ethics. The twists and turns of that history have been obscured by a recent ... -
Divide and Conquer
(Oxford University Press (OUP), 2010)The maxim “divide and conquer” (divide et impera) is invoked frequently in law, history, and politics, but often in a loose or undertheorized way. We suggest that the maxim is a placeholder for a complex of ideas related ... -
The Dividing Line Between the Role of the FDA and the Practice of Medicine: A Historical Review and Current Analysis
(1997)Over the years, the Food and Drug Administration ("FDA") has consistently asserted that it does not regulate the practice of medicine (the "Practice of Medicine Exception") . This prohibition has never been specifically ... -
DNA Sequences as Unpatentable Subject Matter
(2001)Man has played no part in creating DNA. It is nature which created and perfected DNA over thousands of years of evolution. What required man’s ingenuity was isolating, purifying, and sequencing the DNA. ... -
Do Excessive Legal Standards Discourage Desirable Activity?
(Elsevier, 2007)Overly strict legal standards are commonly thought to discourage parties from engaging in socially desirable activities. It is explained here, however, that excessive legal standards cannot lead to undesirable curtailment ... -
Do Fixed Patent Terms Distort Innovation? Evidence from Cancer Clinical Trials
(National Bureau of Economic Research, 2013)Patents award innovators a fixed period of market exclusivity, e.g., 20 years in the United States. Yet, since in many industries firms file patents at the time of discovery (“invention”) rather than first sale (“commercia ... -
Do Judges Make Regulatory Policy? An Empirical Investigation of 'Chevron'
(University of Chicago Press, 2006)In the last quarter-century, the Supreme Court has legitimated agency authority to interpret regulatory legislation, above all in Chevron U.S.A., Inc v Natural Resources Defense Council, Inc, the most-cited case in modern ... -
Do Patent Holdup and Royalty Stacking Lead to Systematically Excessive Royalties?
(Oxford University Press, 2008)Some recent literature has concluded that patent remedies result in systematically excessive royalties because of holdup and stacking problems. This article shows this literature is mistaken. The royalty rates predicted ... -
Do People Like Nudges?
(2015)n recent years, there has been a great deal of debate about the ethical questions associated with “nudges,” understood as approaches that steer people in certain directions while fully maintaining freedom of choice. Evidence ... -
Do People Want Optimal Deterrence?
(University of Chicago Law School, 2014-09-18)This paper tests the question whether people favor optimal deterrence policies. More particularly, it asks whether people are willing to increase penalties when the probability of detection is low, or to decrease penalties ... -
Do Promises Distinguish Contract from Tort?
(Suffolk University Law School, 2012)Contract as Promise, Charles Fried’s modern classic, famously argued that contract law stands apart from tort law because it is grounded on the moral principle that promises must be kept. In this contribution to a symposium ...