Browsing Harvard Law School by Title
Now showing items 2110-2129 of 2408
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Take a Label Claim, and Pay Me in the Morning: A Challenge to FDA's Argument that its Final Rule (Jan. 2000) on Structure/Function Claims for Dietary Supplements Does Not Constitute a Compensable Regulatory Taking Under the Fifth Amendment
(2000)On January 6, 2000, the Food and Drug Administration ("FDA") published its final rule prescribing the kinds of statements which can be made about the effect of a dietary supplement on the structure or function of the body ... -
Taking Behavioralism Seriously: A Response to Market Manipulation
(2000)In two previous articles, we hypothesize that, because consumers are subject to predictable cognitive processes that depart from rational utility maximization, manufacturers have the opportunity and incentive to manipulate ... -
Taking Behavioralism Seriously: Some Evidence of Market Manipulation
(1999)An important lesson of behavioralist research is that individuals' perceptions and preferences are highly manipulable. This article presents empirical evidence of market manipulation, a previously unrecognized source of ... -
Taking Behavioralism Seriously: The Problem of Market Manipulation
(1999)For the past few decades, cognitive psychologists and behavioral researchers have been steadily uncovering evidence that human decisionmaking processes are prone to nonrational, yet systematic, tendencies. These researchers ... -
Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law
(Harvard Law School Program on International Law and Armed Conflict, 2021-05)For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. ... -
Taking the Home
(University of California Press, 2013-08-01)This essay juxtaposes two Supreme Court cases, Kelo v. City of New London, and Town of Castle Rock v. Gonzales. Both reflect on the meanings of home as simultaneously the source of security against the focal point of ... -
Taking Up the Challenge of Gender and International Criminal Justice: In Honor of Judge Patricia Wald
(Brill Academic Publishers, 2011) -
A Tale of Two Blogospheres: Discursive Practices on the Left and Right
(SAGE Publications, 2012-03-21)In this article, the authors compare the practices of discursive production among top U. S. political blogs on the left and right during summer 2008. An examination of the top 155 political blogs reveals significant ... -
A Tale of Two Superfund Cases
(Environmental Law Institute, 2012) -
Talent matters: Judicial productivity and speed in Japan
(Elsevier BV, 2012)To study the determinants of judicial productivity and speed (measured by published opinions), I examine all 348 trial-court civil medical malpractice opinions published in Japan between 1995 and 2004. For comparative ... -
Tales of the Living Dead: Dealing with Doubt in Medieval English Law
(University of Chicago Press, 2021-04-01)This paper focuses on the narrow issue of proof of death to open up a broader discussion of several inter-related themes regarding early common-law development: the fashioning of specialized writs and legal processes to ... -
Talking to Ourselves
(European Journal of International Law, European University Institute, 2005)The discourse of international law is a remarkable achievement, but it poses the danger that international lawyers will be absorbed in their own conversation and fail to persuade outsiders. International human rights bodies ... -
A Tall Tale That Happens to Be True
(Environmental Law Institute, 2012) -
Taming "Rogue" Pharmacy Websites: The Response to Illegal Prescription Drug Sales on the Internet
(2000)What has emerged from recent media coverage, White House statements, and congressional hearings is a fairly clear picture of the threat to public health posed by "rogue" online pharmacies and the obstacles facing state and ... -
Targeted savings and labor supply
(Springer Nature, 2011)Substantial evidence suggests that savings behavior may depart from neoclassical optimization. This article examines the implications of raising the savings rate – whether through social security, retirement plans, or ... -
A Taste of Jewish Law & The Laws of Blessings on Food
(2003)This paper is an in-depth treatment of the Jewish laws pertaining to blessings recited both before and after eating food. The rationale for the laws is discussed, and all the major topics relating to these blessings are ... -
Tax Policy and Gifts
(American Economic Association, 1998)Voluntary transfers between individuals are potentially subject to income taxes and wealth transfer(estate and gift) taxes. With regard to the income tax, Henry Simons (1938) argued that it should be levied both on the ... -
Tax Reform – Process Failures, Loopholes and Wealth Windfalls
(2017)This paper argues that the rushed legislative consideration of tax reform proposals without adequate time to review and analyze bill text has left open unintended loopholes. The paper identifies a loophole that would benefit ... -
Taxation and Redistribution: Some Clarifications
(Warren, Gorham & Lamont, 2007)This essay revisits certain basic features of tax systems as they relate to redistribution. It focuses on how the actual differences between proportional and graduated taxes with regard to redistribution diverge in important ... -
Taxes, Permits, and Climate Change
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2010)This essay revisits the question of instrument choice for the regulation of externalities in the context of climate change. The central point is that the Pigouvian prescription to equate marginal control costs with the ...