Browsing HLS Scholarly Articles by Title
Now showing items 1146-1165 of 1913
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The New International Law Scholarship
(published by students at the University of Georgia School of Law, 2006)This essay replies to criticisms advanced at a conference on our book, The Limits of International Law. We engage the critics on several methodological issues, we attempt to correct misimpressions about some of our arguments, ... -
The New Legal Realism
(University of Chicago Press, 2008)The last decade has witnessed the birth of the New Legal Realism - an effort to go beyond the old realism by testing competing hypotheses about the role of law and politics in judicial decisions, with reference to large ... -
The New Policing
(2000) -
A New Progressivism
(Stanford Law School, 2006)Based on an address for a conference on Law and Transformation in South Africa, this paper explores problems with two twentieth-century approaches to government: the way of markets and the way of planning. It urges that ... -
No
(2014)Philip Hamburger has had a vision, a dark vision of lawless and unchecked power. He wants us to see that American administrative law is “unlawful” root-and-branch, indeed that it is tyrannous -- that we have recreated, in ... -
'No' Review of Philip Hamburger, 'Is Administrative Law Unlawful?'
(The University of Texas, 2015)Philip Hamburger has had a vision, a dark vision of lawless and unchecked power. He wants us to see that American administrative law is “unlawful” root-and-branch, indeed that it is tyrannous -- that we have recreated, in ... -
The (Non) Finality of Supreme Court Opinions
(Harvard University, Harvard Law School, 2014)The need for formal procedures for revising previously printed and published versions became acute in the late nineteenth century once private publishers began routinely publishing both the original opinions and the final ... -
Nondelegation Canons
(1999)Reports of the death of the nondelegation doctrine have been greatly exaggerated. Rather than having been abandoned, the doctrine has merely been renamed and relocated. Its current home consists of a set of nondelegation ... -
Nonsectarian Welfare Statements
(2014-10-08)How can we measure whether national institutions in general, and regulatory institutions in particular, are dysfunctional? A central question is whether they are helping a nation’s citizens to live good lives. A full answer ... -
Norfolk & Western Railway v. Ayers, 538 U.S. 135 (2003)
(Harvard Law School, 2013) -
Normative Methods for Lawyers
(2009) -
Normative Principles for Evaluating Free and Proprietary Software
(University of Chicago Press, 2004)The production of most mass-market software can be grouped roughly according to free and proprietary development models. These models differ greatly from one another, and their associated licenses tend to insist that new ... -
Not All Statistics Are Created Equal
(Harvard University, Harvard Law School, 2010)In Statistics Is a Plural Word, a response to my article Causal Inference in Civil Rights Litigation, Dean Steven Willborn and Professor Ramona Paetzold take issue both with my critique of regression as it is currently ... -
The not so puzzling persistence of the futile search: Tribe on proceduralism in constitutional theory
(University of Tulsa College of Law, 2008) -
(Not) Wired: Electronic Coverage in Federal Courts
(Boston Bar Association, 2014) -
A Note on Joint and Several Liability: Insolvency, Settlement, and Incentives
(University of Chicago Press, 1994)No abstract provided. -
A Note on the Divergence between the Private and the Social Motive to Settle under a Negligence Rule
(University of Chicago Press, 1997)The private motives to settle civil lawsuits are seldom aligned with the interests of society. This article presents a simple model of a negligence rule where there is too much settlement. During pretrial bargaining, the ... -
A Note on the Optimal Supply of Public Goods and the Distortionary Cost of Taxation
(National Tax Association, 1998)In my original paper, I demonstrated that, under standard simplifying assumptions, it is possible to finance a public good in a manner such that a Pareto improvement results whenever the simple cost-benefit test is ...