Browsing HLS Scholarly Articles by Title
Now showing items 1376-1395 of 1915
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The Quantitative Empirics of Redistricting Litigation: Knowledge, Threats to Knowledge, and the Need for Less Districting
(Yale Law School, 2011)The experience of the past 50 years has taught us important lessons about the advancement in, but also the ultimate limits of, the quantitative empirics of redistricting. I provide a bird's eye view of the state of ... -
Quantum of Silence: Inaction and Jus ad Bellum
(2019)In this paper, we examine the actual and potential roles of silence as an element of jus ad bellum treaty law and customary international law. By silence, we mean a lack of a publicly discernible response either to conduct ... -
The Questionable Case for Using Auctions to Select Lead Counsel
(2014-09-30)This Article analyzes the shortcomings of using auctions for selecting lead counsel in class action cases. In contrast to what proponents of auctions suggest, the outcome of an auction is likely to diverge considerably ... -
R X C Ecological Inference: Bounds, Correlations, Flexibility, and Transparency of Assumptions
(Royal Statistical Society, 2009)Despite its potential pitfalls, ecological inference is an unavoidable part of some quantitative settings, including US voting rights litigation. In such applications, the analyst will typically encounter two-way tables ... -
R&D Tax Incentives: Growth Panacea or Budget Trojan Horse?
(New York University Law School, 2016)Research and development (R&D) activity has long held a privileged place in the U.S. income tax system and in policy debates. The premises for R&D tax incentives, however, are grounded in theory regarding a market failure ... -
Race and Child Welfare: Disproportionality, Disparity, Discrimination: Re-assessing the Facts, Re-Thinking the Policy Options
(2011)The Conference, Race & Child Welfare: Disproportionality, Disparity, Discrimination: Re‐Assessing the Facts, Re‐Thinking the Policy Options, took place January 28‐29, 2011, at Harvard Law School, Cambridge, MA -
Race as Identity Caricature: A Local Legal History Lesson in the Salience of Intra-Racial Conflict
(University of Pennsylvania, 2003) -
Race Separatism in the Family: More on the Transracial Adoption Debate
(1995)Some twenty-five years ago a trial court in Virginia upheld the state ban on interracial marriage, reasoning that God created different races and, accordingly, that it was natural to maintain racial purity, and unnatural ... -
The Racial Disproportionality Movement in Child Welfare: False Facts and Dangerous Directions
(2009)This article addresses the issue of Racial Disproportionality in child welfare - the disproportionate representation of black children in the foster care system as compared to their representation in the general population. ... -
The Radio and the Internet
(2008) -
Raising the Bar: Maples v. Thomas and the Sixth Amendment Right to Counsel
(Harvard Law School, 2013) -
Ranking Law Schools: A Market Test?
(Indiana University School of Law, 2006)Instead of ranking law schools through statistical aggregations of expert judgments or by combining a list of heterogeneous factors, it would be possible to rely on a market test simply by examining student choices. This ... -
Ratification by the United States of the Convention on the Rights of the Child: Pros and Cons from a Child's Rights Perspective
(Sage in association with the American Academy of Political and Social Science, 2011)This article discusses the significance of the United States ratification of the CRC, concluding that even if the treaty is not self-executing, ratification would make a major difference. It would enable the United States ... -
Rationing Legal Services
(Oxford University Press (OUP), 2013)There is a deepening crisis in the funding of legal services in the United States. The House of Representatives has proposed cutting the budget of the Legal Services Corporation (LSC), one of the main funders of legal ... -
Re-crafting a Public Domain
(2006)There is a public domain, but it is small, relative to its history, and it is shrinking. Digital technology will only speed its decline. And because most are oblivious to the particular threat that digital technology poses ... -
Re-Envisaging the International Law of Internal Armed Conflict: A Reply to Sandesh Sivakumaran
(European University Institute, 2011)The regulation of internal armed conflict by international law has come a long way in a very short space of time. Until the early 1990s, there were a minimum of international law rules applicable to internal armed conflict. ... -
Re-Solidifying Racial Bloc Voting: Empirics and Legal Doctrine in the Melting Pot
(Indiana University School of Law, 2011)Racial bloc voting is the central concept in judicial regulation of redistricting. For the past several decades, the definition and proof of this concept have depended on two premises: that polities can be conceptualized ... -
The Real Judicial Activists
(New Prospect, Inc., 2007)To understand these figures, we observed that the Clinton administration sometimes made conservative decisions, challenged in the Supreme Court by public interest groups, and both Bush administrations sometimes made liberal ...