Browsing HLS Scholarly Articles by Title

Now showing items 1109-1128 of 1913

    • Multistage Adjudication 

      Kaplow, Louis (Harvard University, Harvard Law School, 2013)
      Legal proceedings often involve multiple stages: U.S. civil litigation allows motions to dismiss and for summary judgment prior to trial; government agencies as well as prosecutors employ investigative and screening processes ...

    • Multistakeholder as Governance Groups: Observations from Case Studies 

      Gasser, Urs; Budish, Ryan Hal; Meyers West, Sarah (Berkman Center for Internet & Society, 2015)
      This paper synthesizes a set of twelve case studies of real-world governance structures. Together with the underlying case studies, it is the result of a globally coordinated, independent academic research pilot project ...

    • Murphy on Mercy: A Prudential Reconsideration 

      Steiker, Carol S. (John Jay College of Criminal Justice, Institute for Criminal Justice Ethics, 2008)
      The article considers the contributions of law professor Jeffrie Murphy of the Arizona State University to the studies on the moral and theoretical justifications for the institutions of moral and political theory and their ...

    • Must Formalism Be Defended Empirically? 

      Sunstein, Cass Robert (2014-09-17)
      This paper urges that one of the great, quasi-theological debates in legal theory depends on answers to empirical questions. The debate is whether courts should be "formalistic," that is, whether they should interpret ...

    • My Body, My Bank 

      Cohen, I. Glenn (The University of Texas, 2015)
      This essay reviews Kara Swanson’s "Banking on the Body: The Market in Blood, Milk, and Sperm in Modern America" (Harvard University Press, 2014) and uses it as an opportunity to interpolate the history and theory of the ...

    • My Isaac Royall Legacy 

      Halley, Janet E. (Harvard Law School, 2008)

    • My Talk at the ASIL: What Is New Thinking in International Law 

      Kennedy, David W. (American Society of International Law, 2000)

    • The Mystery of Global Governance 

      Kennedy, David W. (Ohio Northern University Pettit College of Law, 2008)

    • The Myth of 'Rebalancing' Retaliation in WTO Dispute Settlement Practice 

      Spamann, Holger (Oxford University Press, 2006)
      It is generally assumed that trade retaliation under the WTO performs some kind of ‘rebalancing’ by allowing the injured Member to suspend ‘concessions and obligations’ vis-à-vis the violating Member of a level equivalent ...

    • The Myth of Brown? 

      Mack, Kenneth W. (Yale Law School, 2005)
      This Article argues that scholarly accounts of civil rights lawyering and politics have emphasized, incorrectly, a narrative that begins with Plessy v. Ferguson and ends with Brown v. Board of Education. That traditional ...

    • The Myth of the Balanced Court 

      Sunstein, Cass Robert (New Prospect, Inc., 2007)

    • The Myth of the Shareholder Franchise 

      Bebchuk, Lucian Arye (Virginia Law Review Association, 2007)
      The power of shareholders to replace the board is a central element in the accepted theory of the modern public corporation with dispersed ownership. This power, however, is largely a myth. I document in this paper that ...

    • The Myth That Insulating Boards Serves Long-Term Value 

      Bebchuk, Lucian Arye (Columbia Law Review Association, Inc., 2013)
      According to an influential view in corporate law writings and debates, pressure from shareholders leads companies to take myopic actions that are costly in the long term, and insulating boards from such pressure serves ...

    • Naive Cynicism: Maintaining False Perceptions in Policy Debates 

      Benforado, Adam; Hanson, Jon (2008)
      This is the second article in a multi-part series. In the first part, The Great Attributional Divide, the authors suggested that a major rift runs across many of our major policy debates based on contrasting attributional ...

    • Naming Horror: Legal and Political Words for Mass Atrocities 

      Minow, Martha Louise (Journals Division, University of Toronto Press, 2007)

    • Narratives of Federalism Of Continuities and Comparative Constitutional Experience 

      Jackson, Vicki C. (Duke University School of Law, 2001)

    • Nationwide shift to grass-fed beef requires larger cattle population 

      Hayek, Matthew Nassif; Garrett, Rachael (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 ...

    • The Nature of Coasean Property 

      Lee, Brian Angelo; Smith, Henry Edward (Springer Science + Business Media, 2012)
      The Coase Theorem is widely regarded as pointing to the importance of positive transaction costs for the analysis of economic institutions. Various interpretations of the Coase Theorem regard transaction costs as some set ...

    • Negative-Expected-Value Suits 

      Bebchuk, Lucian Arye; Klement, Alon (John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2009)
      We review the literature on negative-expected-value suits (NEV suits) – suits in which the plaintiff would obtain a negative expected return from pursuing the suit all the way to judgment. We discuss alternative theories ...

    • Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq 

      Feldman, Noah R. (Cambridge University Press, 2015)