Browsing Harvard Law School by Title
Now showing items 215-234 of 2408
-
Caffeine, Calories, and Coordination: Jurisdictional Developments in Federal Alcohol Regulation
(2012)Even though alcoholic beverages fall under the definition of “food” in the Federal Food, Drug & Cosmetic Act, the Food and Drug Administration (FDA) does not regulate such beverages’ ingredient and nutrition labeling as ... -
Can Culture Constrain the Economic Model of Corporate Law?
(University of Chicago Press, 2002)The economic model of corporate law could, with a few simple moves, be seen as potentially having cultural limits. Or, better put, the economic model works well in the United States because not much impedes Coasean-style ... -
Can Health Law Become a Coherent Field of Law?
(Wake Forest Law Review, 2006) -
Can the FDA Keep Kosher?: Regulation of Kosher Claims on Product Labels
(1998)Product labels blast their message through the supermarket aisles, vying to attract the attention of consumers. However, the advertising means available to manufacturers are limited by laws that regulate the claims that ... -
Can the Government Ban Organ Sale? Recent Court Challenges and the Future of US Law on Selling Human Organs and Other Tissue
(Wiley Periodicals Inc., 2012)On December 1, 2011, in Flynn v. Holder, a panel of the US Court of Appeals for the Ninth Circuit upheld the National Organ Transplant Act of 1984 (NOTA) from a constitutional challenge, but interpreted the act such that ... -
Can the Treasury Exempt its Own Companies from Tax? The $45 Billion GM NOL Carryforward
(Cato Institute, 2011)To discourage firms from buying and selling tax deductions, Section 382 of the tax code limits the ability of one firm to use the ‘‘net operating losses’’ (NOLs) of another firm that it acquires. Under the Troubled Asset ... -
Can the United States Afford a "No-Fault" System of Compensation for Medical Injury?
(Duke University School of Law, 1997)One of the key issues separating US critics of a no-fault alternative to the tort system for compensating victims of medical injury from supporters is its anticipated cost. Results from a study are presented that estimate ... -
THE CAPITAL CRISIS IN BIOTECH AND THE INVISIBLE COSTS OF REGULATION
(1995)This paper argues that while the FDA approval process may be trivial in terms of geologic time, it is an eternity when viewed from the perspective of the biotech industry. A delay of even a few months can mean life or death ... -
Capital Gains and Ordinary Deductions: Negative Income Tax for the Wealthy
(The Boston College Law School, 1971) -
A Capital Market, Corporate Law Approach to Creditor Conduct
(University of Michigan, Dept. of Law, 2013)The problem of creditor conduct in distressed firms — for which policymakers ought to have the economically-sensible repositioning of the distressed firm as a central goal — has vexed courts for decades. Because courts ... -
Capital Markets and Financial Politics: Preferences and Institutions
(Oxford University Press, 2012)For capital markets to function, political institutions must support capitalism in general and the capitalism of financial markets in particular. Yet capital markets’ shape, support, and extent are often contested in the ... -
Capital Punishment and Contingency
(Harvard University, Harvard Law School, 2012)This book review of David Garland’s “Peculiar Institution: America’s Death Penalty in an Age of Abolition,” assesses Garland’s contributions both to the literature about the American death penalty and to the broader debate ... -
THE CAPTIVE AUDIENCE: A REVIEW OF PUBLIC INFORMATION ON THE SAFETY OF THE HEPATITIS B VACCINE, ESPECIALLY AS IT IS BEING MANDATED FOR NEWBORNS AND YOUNG CHILDREN
(2000)Based on an evaluation of publicly available information and written from a consumer's perspective, this paper will present some of the known problems and most contested issues surrounding the safety of the hepB vaccine, ... -
Carbohydrate Nutrient Content Claims: Proposals for FDA Action and Lessons for Regulatory Response to Emerging Consumer Trends
(2006)This paper considers the recent experience of the low-carbohydrate trend in nutrition. During the early years of this decade, thousands of new products claiming to be low in carbohydrates appeared on supermarket shelves ... -
Carbophobia: The Dieting Public's Obsession with Carbohydrates and the U.S. Government's Response
(2003)This paper examines the recent low-carbohydrate diet craze, and analyzes the reaction of the United States government to new scientific evidence potentially indicating that the government’s current food ... -
Cardiac Catheter Reuse in An Era of Reform: Cost-Efficiency and Regulatory Policy in the Face of Scientific Uncertainty
(1994)Cardiac catheters have become an essential element of current cardiovascular practice with several hundred thousand used each year in both diagnostic and angioplasty procedures. Uke many other disposable devices they are ... -
Carrots & Sticks: How VCs Induce Entrepreneurial Teams to Sell Startups
(Cornell Law School, 2013)Venture capitalists (VCs) usually exit their investments in a startup via a trade sale. But the entrepreneurial team – the startup’s founder, other executives, and common shareholders – may resist a trade sale. Such ...