Browsing Harvard Law School by Title
Now showing items 86-105 of 2411
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The Anti-Democratic Major Questions Doctrine
(University of Chicago Press, 2023-06-01)West Virginia v. Environmental Protection Agency is the Supreme Court’s most important administrative law decision in decades. The opinion’s significance is due principally to the Court’s embrace of an aggressive version ... -
Anti-sense And Common-sense: Regulation of Food From Genetically Engineered Plants
(1994)Genetic engineering technology has recently generated techniques for making specific and precise alterations to the genetic composition of crops grown as food for humans and animals. These advances should facilitate the ... -
Antibiotic Resistance: Proposals to Deal with the New Wrinkles on an Old Problem
(2000)Resistance to antibiotics is hardly a new problem; ever since the advent of penicillin and other antibiotics more than 50 years ago defiant strains of bacteria have emerged. The harrowing aspect is that now almost every ... -
The Anticompetitive Impact of Settlements in the Pharmaceutical Industry: The Need for Revisions to the Drug Price Competition and Patent Restoration Act of 1984
(2002)This paper will begin by briefly examining the theories behind antitrust law and intellectual property law. Then it will look at the provisions of the Hatch-Waxman Act and at how Congress tried to balance the incentives ... -
The 'Antidirector Rights Index' Revisited
(Oxford University Press (OUP), 2010)The “antidirector rights index” has been used as a measure of shareholder protection in over a hundred articles since it was introduced by La Porta et al. (“Law and Finance.” 1998, Journal of Political Economy 106:1113–55). ... -
Antidumping and Strategic Industrial Policy: Tit-for-Tat Trade Remedies and the China–X-Ray Equipment Dispute
(Cambridge University Press, 2015)This article examines the relationship between antidumping duties and strategic industrial policy. We argue that the dynamic between the two instruments is more complex and elaborate than that offered by the conventional ... -
Antidumping in Asia's Emerging Giants
(Harvard University, Harvard Law School, 2012)Over the past decade, China and India have rapidly increased their use of antidumping laws, the world’s most dominant form of trade protectionism, against their trading partners. Yet, this behavior has triggered little ... -
Antitrust, Law & Economics, and the Courts
(Duke University School of Law, 1987)No abstract provided. -
Any Non-welfarist Method of Policy Assessment Violates the Pareto Principle
(University of Chicago Press, 2001)The public at large, many policymakers, and a number of economists hold views of social welfare that are non‐welfarist. That is, they attach some importance to factors other than the effects of policies on individuals’ ... -
Any Non‐welfarist Method of Policy Assessment Violates the Pareto Principle: Reply
(University of Chicago Press, 2004)No abstract provided. -
Apology to Utopia: The Structure of International Legal Argument
(Harvard University, Harvard Law School, 1990) -
The Appeals Process and Adjudicator Incentives
(University of Chicago Press, 2006)The appeals process—whereby litigants can have decisions of adjudicators reviewed by a higher authority—is a general feature of formal legal systems (and of many private decision‐making procedures). The appeals process ... -
Appraising The Significance of The Subjects and Objects of The Constitution: A Case Study in Textual and Historical Revisionism
(2014)In this short Article, I shall express some grounds for respectful skepticism, both about whether Rosenkranz has proven his claims and about whether courts should decide cases on the basis of his arguments, even if judges ... -
The Architecture of Innovation
(Duke University School of Law, 2002) -
Are Poor People Worth Less Than Rich People? Disaggregating the Value of Statistical Lives
(2005)Each government agency uses a uniform figure to measure the value of a statistical life. This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. ... -
Are Property and Contract Efficient?
(1980) -
The Arithmetic of Arsenic
(2001)What does cost-benefit mean, or do, in actual practice? When agencies are engaging in cost-benefit balancing, what are the interactions among law, science, and economics? This Article attempts to answer that question by ... -
The Arithmetic of Climate Change
(Elsevier BV, 2021-09-06)In its ideal form, arbitrariness review is an instrument for promoting “deliberative democracy” – a system that combines reason-giving with political accountability. Under arbitrariness review in its current form, courts ...