Browsing Harvard Law School by Title

Now showing items 544-563 of 2411

    • Do Patent Holdup and Royalty Stacking Lead to Systematically Excessive Royalties? 

      Elhauge, Einer Richard (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? 

      Sunstein, Cass Robert (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? 

      Schkade, David; Sunstein, Cass Robert; Kahneman, Daniel (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? 

      Bridgeman, C.; Goldberg, John C.P. (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 ...

    • Do School Cliques Dominate Japanese Bureaucracies?: Evidence from Supreme Court Appointments 

      Ramseyer, J. Mark (2011)
      The Article presents a study which explores the impact of educational backgrounds on the appointment of judges in the Japanese Supreme Court. According to the author, the productivity of judges is the primary factor for ...

    • Do Tying, Bundling, and Other Purchase Restraints Increase Product Quality? 

      Spier, Kathryn E.; Dana, James Dwight (Elsevier, 2015)
      Tying, bundling, minimum purchase requirements, loyalty discounts, exclusive dealing, and other purchase restraints can create stronger incentives for firms to invest in product quality. In our first example, the firm sells ...

    • Do VCs use inside rounds to dilute founders? Some evidence from Silicon Valley 

      Broughman, Brian J.; Fried, Jesse M. (Elsevier BV, 2012)
      In the bank-borrower setting, a firm’s existing lender may exploit its positional advantage to extract rents from the firm in subsequent financings. Analogously, a startup’s existing venture capital investors (VCs) may ...

    • Docket Capture at the High Court 

      Lazarus, Richard James (Yale Law School, 2009)
      The declining number of cases on the Supreme Court’s plenary docket may or may not be a problem. After all, there are many good reasons that such a decline could be happening, including the obvious possibility that the ...

    • Documenting the Deal: How Quality Control and Candor Can Improve Boardroom Decision-Making and Reduce the Litigation Target Zone 

      Strine, Leo Edward (Harvard John M. Olin Center for Law, Economics, and Business, 2014)
      This article addresses what legal and financial advisors can do to conduct an M&A process in a manner that: i) promotes making better decisions; ii) reduces conflicts of interests and addresses those that exist more ...

    • Does Commerce Clause Review Have Perverse Effects 

      Vermeule, Cornelius Adrian (Villanova University School of Law Digital Repository, 2001)

    • Does More Speech Correct Falsehoods? 

      Glaeser, Edward Ludwig; Sunstein, Cass Robert (2015-01-09)
      According to a standard principle in free speech law, the remedy for falsehoods is "more speech," not enforced silence. But empirical research demonstrates that corrections of falsehoods can actually backfire, by increasing ...

    • Does Red Lion Still Roar? 

      Sunstein, Cass Robert (American Bar Association, 2008)

    • Does Separation of Powers Promote Stability and Moderation? 

      Stephenson, Matthew Caleb (University of Chicago Press, 2013)
      It is often asserted that separation of legislative powers tends to make legislation both more moderate (because concessions to all veto players are needed to secure enactment) and less frequent (because sufficient concessions ...

    • Does the Evidence Favor State Competition in Corporate Law 

      Bebchuk, Lucian Arye; Cohen, Alma; Ferrell, Frank A. (California Law Review Inc., 2002)

    • Dollar and Senses: Pharmaceutical Product Design is Becoming Vivid 

      Schreiber, Stacey L. (2003)
      Prilosec purple, Viagra blue, and Prozac green and cream: pharmaceutical product design is on the rise, and the future is even brighter. As design features come into view, protection against copying is critical to maintaining ...

    • Dollars and Death 

      Posner, Eric; Sunstein, Cass Robert (University of Chicago Press, 2005)
      Administrative regulations and tort law both impose controls on activities that cause mortality risks, but they do so in puzzlingly different ways. Under a relatively new and still-controversial procedure, administrative ...

    • Don’t Force Google to ‘Forget’ 

      Zittrain, Jonathan L. (2014)

    • DOPING IN SPORT: AN OVERVIEW AND ANALYSIS OF DOPING AND ITS REGULATION IN INTERNATIONAL SPORT 

      Wong, Brian J. (2003)
      At an early age, every one of us learns to despise cheating. Whether it be on the playground or in the classroom, cheating is wrong. Even as we grow up and appreciate the nuances of competition in business and in social ...

    • A DOSE OF YOUR OWN MEDICINE? DRUG TESTING ON CHILDREN AND LABELING DRUGS FOR PEDIATRIC USE--ESSENTIAL NEEDS 

      Gendell, Stephanie J. (1997)
      Children are not just miniature adults; a child metabolizes and absorbs drugs differently than adults, making drug testing and labeling regarding pediatric use essential. This paper first addresses these needs in more ...

    • Double Bind: Indian Nations v. the Supreme Court 

      Singer, Joseph William (Harvard University, Harvard Law School, 2005)
      This comment responds to Professor Philip Frickey's excellent article, (Native) American Exceptionalism in Federal Public Law, - Harv. L. Rev. - (2005), in which Frickey reacts to the Supreme Court's increasing discomfort ...