Browsing Harvard Law School by Title
Now showing items 149-168 of 2411
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Better Fighting Through Chemistry? The Role of FDA Regulation in Crafting the Warrior of the Future
(2004)This paper examines how FDA might respond to attempts by the U.S. military to offer troops an experimental, performance-enhancing drug or medical device to improve alertness, prevent fatigue, and obviate the basic human ... -
A Better Plan for Addressing the Financial Crisis
(Berkeley Electronic Press, 2008)This paper critiques the proposed emergency legislation for spending $700 billion on purchasing financial firms' troubled assets to address the 2008 financial crisis. It also puts forward a superior alternative for advancing ... -
Beyond Best Interests
(The Minnesota Law Review Foundation, 2011)As Justice Douglas wrote in Skinner v. Oklahoma, procreation is one of the “basic civil rights of man.” Along with marriage it is “fundamental to the very existence and survival of the race” and the state’s interference ... -
Beyond Biology: The Politics of Adoption & Reproduction
(1995)It is exciting simply to be having this conference focused on adoption law and policy. I remember some nine years ago starting to plan a course dealing with adoption issues and wondering whether I would be able to justify ... -
Beyond Cheneyism and Snowdenism
(University of Chicago Press, 2015)In the domain of national security, many people favor some kind of Precautionary Principle, insisting that it is far better to be safe than sorry, and hence that a range of important safeguards, including widespread ... -
Beyond Commodification: Contract and the Credit-Based World of Modern Capitalism
(Harvard University Press, 2010) -
Beyond Food or Drug: An Examination of Food and Drug Law Through a Study of Cannibalism
(2002)This paper attempts to explore some of the limitations within the Food, Drug and Cosmetics Act's definition of "food" and "drug". Much of the preexisting scholarly debate has focused on hybrids between foods and drugs, ... -
Beyond Judicial Minimalism
(2007)Many judges are minimalists. They favor rulings that are narrow, in the sense that they govern only the circumstances of the particular case, and also shallow, in the sense that they do not accept a deep theory of the legal ... -
Beyond Nigiri and Anisakiasis, The Tale of Sushi: History and Regulation
(2006)This paper is an exploration of the history of sushi consumption in the United States and how the ingredients of sushi are regulated. The paper delineates the course of sushi’s culinary history in Japan, ... -
Beyond the Precautionary Principle
(2003)The precautionary principle has been highly influential in legal systems all over the world. In its strongest and most distinctive forms, the principle imposes a burden of proof on those who create potential risks, and it ... -
Bidding for Ballplayers: A Research Note
(jointly published by the German-Japanese Association of Jurists (DJJV) and the Max Planck Institute for Foreign Private and Private International Law (MPI) in Hamburg, 2008)Is Japanese baseball a different sport from American baseball? In this short research note, we take a new approach to the question Robert Whiting posed so famously three decades ago. Reasoning that owners bid for players ... -
Bilateralism, Multilateralism, and the Architecture of International Law
(Harvard University, Harvard Law School, 2008)This paper studies the different roles, impact, and operation of bilateral treaties and multilateral treaties as structures within the architecture of international law. I observe that the preference for bilateralism or ... -
Biodiversity as a multidimensional construct: a review, framework and case study of herbivory's impact on plant biodiversity
(The Royal Society, 2016)Biodiversity is inherently multidimensional, encompassing taxonomic, functional, phylogenetic, genetic, landscape and many other elements of variability of life on the Earth. However, this fundamental principle of ... -
Biopharmaceuticals: The Patent System and Incentives for Innovation
(2004)This paper discusses the requirements for patentability as applied to biotechnology and pharmaceutical inventions. Focusing on case law from the Court of Appeals for the Federal Circuit, as well as guidelines issued by the ... -
BIOPHARMING: UNIQUE CHALLENGES AND POLICY PROPOSALS
(2004)Biopharming is the genetic engineering of plants to produce novel pharmaceuticals and useful industrial compounds. It has the potential to provide revolutionary benefits, but it also raises a host of daunting challenges. ... -
BIOPROSPECTING AND THE CONVENTION ON BIOLOGICAL DIVERSITY
(2000)This paper attempts to assess the economic value of biodiversity to commercial bioprospectors and source countries, surveys the provisions of the CBD that deal directly with bioprospecting, examines the types of legal ... -
Biotechnology and the Labeling Dilemma
(2001)This paper will examine the arguments and motivations underlying the FDA stand against mandatory labeling of genetically engineered foods and ingredients. Part I of the paper will describe FDA’s current ... -
Bioterrorism and the Food Drug Administration: H.R. 3448, Related Legislation, and the FDA’s Expanding Role in Preventing and Responding to Biological Attack
(2002)This paper examines the potential impact of recent and proposed bioterrorism legislation on the U.S. Food and Drug Administration (FDA). It concludes that at least one such piece of legislation, H.R. 3448, the â&eu ... -
Black America's Promised Land: Why I Am Still a Racial Optimist
(New Prospect, Inc., 2014)The economic meltdown that accompanied Obama to the White House (and probably played a major role in his initial election) devastated the earnings and assets of black Americans. Since his election, they have not recouped ...