Browsing Harvard Law School by Title
Now showing items 61-80 of 2408
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Albert Hirschman's Hiding Hand
(2014)Albert Hirschman argued that planners in underdeveloped nations often benefit from what he called the Hiding Hand, which hides, and thus makes planners unable to anticipate, serious obstacles to development projects. The ... -
Algorithms in the Criminal Justice System: Assessing the Use of Risk Assessments in Sentencing
(Berkman Klein Center for Internet & Society, 2017)Risk assessment tools are increasingly being incorporated into all aspects of the criminal justice system. This paper focuses on the use of these tools in the sentencing process, a relatively recent development which raises ... -
ALICE AND THE FRANKENFOODS: A WELL REGULATED WONDERLAND?
(2003)This paper uses fiction to illuminate anxieties associated with the substances that sustain, nourish and transform us, and to consider the impact of consumer perceptions on the regulatory balances that must be struck between ... -
The Alien Tort Statute and Corporate Liability
(University of Pennsylvania, 2011)In 2010, the Second Circuit decided Kiobel v. Royal Dutch Petroleum, holding that corporations are not proper defendants under the Alien Tort Statute. Invoking Sosa v. Alvarez-Machain, the Second Circuit found that human ... -
All (Food) Politics is Local: Increasing Food Access through Local Government Action
(Harvard Law School, 2013)Our national and international food system has implications for a wide range of issues that are important across the political spectrum and include improving health outcomes, reducing environmental impacts, increasing ... -
Allocating Power within Agencies
(Yale Law School, 2013-07-17)Standard questions in the theory of administrative law involve the allocation of power among legislatures, courts, the President, and various types of agencies. These questions are often heavily informed by normative ... -
Allocating Risk Through Contract: Evidence from M&A and Policy Implications
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2012)In a hand-coded sample of M&A contracts from 2007-08, risk allocation provisions exhibit wide variation. Earn-outs are the least common means to allocate risk, indemnities are most common, followed by price adjustment ... -
Allocating the Burden of Proof
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ALTERNATE ROUTES OF REFORMIST ACTIVISM: MEDICAL MARIJUANA AS A CASE STUDY OF INITIATIVES WITHIN AND BEYOND STATUTORILY PRESCRIBED CHANNELS
(1996)This essay discusses the various legal and political initiatives undertaken by reformers seeking change in the laws on medical marijuana use. Part I reviews the provisions of the Controlled Substances Act, and marijuana's ... -
America and the BSE Scare: Near Misses, Future Lessons
(1997)Today, the potential consequences of BSE, although perhaps not as great as originally feared, still demand attention at the highest level of government. In this paper, my goals are twofold: to place the development of the ... -
America's Schizophrenic Immigration Policy Race, Class, and Reason
(The Boston College Law School, 2000)The historical purpose of American immigration policy was to provide a haven for those fleeing persecution and those seeking prosperity, as well as to satisfy workforce and frontier-expansion needs. However, a survey of ... -
American Exceptionalism and Direct-to-Consumer Advertising: Structural and Philosophical Impediments to Reform in Europe
(2002)Despite a recent EC Proposal to relax its prohibition on direct-to-consumer (DTC) advertising of prescription drugs in certain, limited contexts, the prospects for broader reform in Europe on this issue are extremely grim. ... -
Anabolic Steroids: A Look at Potential Drug Testing Legislation and its Constitutional Implications.
(2006)Anabolic steroid use among American athletes has been the subject of much debate in the last half-century. Despite evidence tending to show significant health risks associated with steroid use, there remains considerable ... -
And the Breast is History: Issues Surrounding FDA Regulation of Silicone Breast Implants
(1995)The breast implant crisis has raised serious issues for women. On one hand, it is difficult to argue against giving women the right to choose, especially when the choice involves their own bodies. Restricting freedom in ... -
The ANDA Patent Certification Requirement and Thirty-Month Stay Provision: Is it Necessary?
(2001)Patent law and the Federal drug approval laws are both rather arcane and complex. The intersection of these two areas in the Hatch-Waxman Act is particularly complicated, and this perhaps explains the failure of the Act ... -
Animal Rights Without Controversy
(School of Law, Duke University, 2007)Many consumers would be willing to pay something to reduce the suffering of animals used as food. Unfortunately, they do not and cannot, because existing markets do not disclose the relevant treatment of animals, even ... -
"Anslingerian" Politics: The History of Anti-Marijuana Sentiment in Federal law and How Harry Anslinger's Anti-Marijuana Politics Continue to Prevent the FDA and other Medical Experts from Studying Marijuana's Medical Utility
(1999)This paper is intended to demonstrate how the Federal Bureau of Narcotics’s propagation of negative images associating marijuana with the anti-social behavior of marginal socio-economic groups in the ...