Browsing Harvard Law School by Issue Date
Now showing items 61-80 of 2411
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The “Relationship Premium”: Should Cost- Benefit Analysis Include the Value of Human Connections?
(Environmental Law Institute, 2018-05)People care enormously about what happens to those with whom they are close. Nonetheless, standard cost- benefit analyses usually measure only direct impacts on individuals, as well as sometimes the abstract preferences ... -
Interventions over Predictions: Reframing the Ethical Debate for Actuarial Risk Assessment
(2018-02-12)Actuarial risk assessments might be unduly perceived as a neutral way to counteract implicit bias and increase the fairness of decisions made at almost every juncture of the criminal justice system, from pretrial release ... -
Brexit and the Trouble with an Uncodified Constitution: R (Miller) v Secretary of State for Exiting the European Union
(Vermont Law School, 2018)On June 23, 2016, the United Kingdom voted, unexpectedly, to leave the European Union. That such a decision would have constitutional implications was not surprising, but the vote also caused an unforeseen constitutional ... -
Evidence of Decreasing Internet Entropy: The Lack of Redundancy in DNS Resolution by Major Websites and Services
(2018)This paper analyzes the extent to which the Internet’s global domain name resolution (DNS) system has preserved its distributed resilience given the rise of cloud-based hosting and infrastructure. We explore trends in the ... -
The Hidden Law of Plea Bargaining
(Columbia Law Review Association, Inc., 2018)The American criminal justice system is a system of pleas. Few who know it well think it is working. And yet, identifying plausible strategies for law reform proves challenging, given the widely held scholarly assumption ... -
Freedom: The Holberg Lecture, 2018
(2018)If people have freedom of choice, do their lives go better? Under what conditions? By what criteria? Consider three distinct problems. (1) In countless situations, human beings face a serious problem of “navigability”; ... -
Is Cost-Benefit Analysis a Foreign Language
(Taylor & Francis, 2018)Do people think better in a foreign language? In some ways, yes. There is considerable evidence to this effect, at least to the extent that they are less likely to rely on intuitions that can lead to serious errors. This ... -
Foreword: International Tax Policy in a Disruptive Environment
(2018)In this foreword to International Tax Policy in a Disruptive Environment: A Special Issue, the authors provide an overview of the two-day interdisciplinary conference that took place in Munich on 14-15 December 2017, and ... -
Nationwide shift to grass-fed beef requires larger cattle population
(IOP Publishing, 2018)In the US, there is growing interest in producing more beef from pasture based systems, rather than grain-finishing feedlot systems due to the perception that it is more environmentally sustainable. Yet existing understanding ... -
“Criminalization” of Humanitarian Action Under Counterterrorism Frameworks: Key Elements and Concerns
(Cambridge University Press (CUP), 2018)Of the diverse array of contemporary challenges around humanitarian access in armed conflict, a particular set of issues concerns the so-called “criminalization” of humanitarian action under counterterrorism frameworks. ... -
Zeran v. AOL essay
(2017-11-10) -
“Netwar”: The unwelcome militarization of the Internet has arrived
(Informa UK Limited, 2017-08-21)The architecture and offerings of the Internet developed without much steering by governments, much less operations by militaries. That made talk of “cyberwar” exaggerated, except in very limited instances. Today that is ... -
Speculations on the Future of Religion
(2017-03-31)The attached paper is a draft of the concluding chapter in a book about religion in relation to other social systems (governments, economic markets, and secular social groups and entities). Prior chapters reviewed multiple ... -
Comment on the Pilot Empirical Survey Study on the Impact of Counterterrorism Measures on Humanitarian Action
(Harvard Law School Program on International Law and Armed Conflict, 2017-03)Counterterrorism laws and policies have been and will almost certainly continue to be part of the political landscape facing humanitarian actors. As terrorist-designated non-state actors increasingly control ... -
Indefinite War: Unsettled International Law on the End of Armed Conflict
(The Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), 2017)Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a ... -
Getting From Here to There: The Transition Tax Issue
(Tax Analysts, 2017)If there is fundamental U.S. international income tax reform, regardless of the reform option chosen, the United States must decide how to handle the $2.4 trillion to $2.6 trillion of previously untaxed foreign income ...