Browsing Harvard Law School by Title
Now showing items 687-706 of 2411
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The Facts About Unwritten Constitutionalism: A Response to Professor Rubenfeld
(Duke University School of Law, 2001) -
Failed Resurrection of the Single Monopoly Profit Theory
(Competition Policy International, 2010)Various arguments attempting to resurrect the single monopoly profit theory of tying have been made, but none are successful. The Seabright claim that it is supported by a lack of empirical proof fails because the single ... -
Fair Use
(Fordham Law Review, 1999) -
Fair Value As An Avoidable Rule of Corporate Law: Minority Discounts in Conflict Transactions
(University of Pennsylvania, 1999) -
Fairness For All Students Under Title IX
(2017)Four feminist law professors at Harvard Law School have called on the U.S. Department of Education to revise the previous Administration’s policies on sexual harassment and sexual assault on campus. In a memo submitted to ... -
Fairness in International Taxation: The Ability-to-Pay Case for Taxing Worldwide Income
(Tax Analysts, 2001)Although the ability-to-pay fairness principle is a foundational element of American income tax policy, it has played a surprisingly small role in evaluating the U.S. international income tax regime. Perhaps this is because ... -
Fairness Versus Welfare
(Harvard Law School, 2001)The thesis of this Article is that the assessment of legal policies should depend exclusively on their effects on individuals'welfare. In particular, in the evaluation of legal policies, no independent weight should be ... -
Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice
(University of Chicago Press, 2003)In Fairness versus Welfare, we advance the thesis that social policies should be assessed entirely on the basis of their effects on individuals’ well‐being. This thesis implies that no independent weight should be accorded ... -
Family Law in Turbulent Times
(2005)Starting in the mid-1960s, there was a demographic upheaval that radically changed family behavior and the meanings of sex and procreation, marriage, gender, parenthood, family relations and life itself. Family law became ... -
Family Law Reform in the 1980's
(1984) -
Fast, Frugal, and (Sometimes) Wrong
(2005)Do moral heuristics operate in the moral domain? If so, do they lead to moral errors? This brief essay offers an affirmative answer to both questions. In so doing, it responds to an essay by Gerd Gigerenzer on the nature ... -
The FDA & The FTC: An Alphabet Soup Regulating The Misbranding Of Food
(2002)This paper will first look at the historical development of the division of regulation of food labeling by the Food and Drug Administration (FDA) and the regulation by food advertising by the Federal Trade Commission (FTC). ... -
THE FDA AND PLAN B: The Legislative History of the Durham-Humphrey Amendments and the Consideration of Social Harms in the Rx-OTC Switch
(2006)The 1951 Durham-Humphrey Amendments limited the FDA’s power over the Rx-OTC decision by enacting an objective definition of a prescription drug that would be applied primarily by drug manufacturers. Under ... -
FDA and Social Media: The Impact of Social Media on Prescription Drug Advertising
(2011)The U.S. Food and Drug Administration (FDA) regulates the promotion of prescription drugs. With the emergence of Web 2.0 technology and social media, the FDA faces new regulatory challenges as pharmaceutical companies have ... -
FDA and the Challenge of Alternative Medicine: Realistic Assessments and Regulatory Flexibility
(1997)Alternative medicine has already established a role for itself in the health care of many Americans. FDA, however, has been slow to develop a meaningful and coherent regulatory response to this growing phenomenon. Reluctant ... -
FDA Drug Approval: A Black and White Issue?
(2006)The FDA should judiciously limit the FDA approval of race-specific drugs to situations in which the utilization of racial categories is based on statistically significant scientific data and necessity and, in such cases, ... -
FDA Enforcement and the Constitution: The Validity of FDA Seizures under the Due Process and Just Compensation Clauses
(2002)This paper explores the way in which enforcement actions by the Food and Drug Administration (FDA) interact with certain constitutional rights, and it queries whether the system does its most to protect those rights while ...