Browsing HLS Scholarly Articles by Title
Now showing items 1172-1191 of 1913
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Nudging and Choice Architecture: Ethical Considerations
(Harvard John M. Olin Center for Law, Economics, and Business, 2015)Is nudging unethical? Is choice architecture a problem for a free society? This essay defends seven propositions: (1) It is pointless to object to choice architecture or nudging as such. Choice architecture cannot be ... -
Nudging: A Very Short Guide
(2014)This brief essay offers a general introduction to the idea of nudging, along with a list of ten of the most important “nudges.” It also provides a short discussion of the question whether to create some kind of separate ... -
The Obama Phenomenon: How Past and Present Resonate
(Journal of Blacks in Higher Education, 2004) -
Obamacare and the Theory of the Firm
(University of Chicago Press, 2015)Health care fragmentation today raises costs and worsens health outcomes. The theory of the firm indicates that cost and quality problems could be addressed by permitting greater vertical integration among complementary ... -
Of Arsenic and Old Laws: Looking Anew at Criminal Justice in Late Imperial China
(California Law Review Inc., 1984) -
Of Artificial Intelligence and Legal Reasoning
(2014-09-08)Can computers, or artificial intelligence, reason by analogy? This essay urges that they cannot, because they are unable to engage in the crucial task of identifying the normative principle that links or separates cases. ... -
Of Gentlemen and Role Models
(1990) -
Of Montreal and Kyoto: A Tale of Two Protocols
(Harvard University, Harvard Law School, 2007)Over the last thirty years, climate change and depletion of the ozone layer have been widely believed to be the world's largest environmental problems. The two problems have many similarities. Both involve global risks ... -
Of Snakes and Butterflies: A Reply
(Columbia Law Review Association, Inc., 2006)This brief essay, a reply to a forthcoming essay "Radicals in Robes" by Saikrishna Prakash in the Columbia Law Review, makes two points. The first is that the abstract idea of interpretation cannot support originalism or ... -
Of State Remedies and Federal Rights
(Elsevier BV, 2023)The Supreme Court has repudiated Bivens on the grounds that it arrogated legislative power to the federal judiciary. As the Court steps back, Congress is free to undo what remains of Bivens or strengthen it. So can the ... -
Off at College
(2005) -
Old Statutes, New Problems
(University of Pennsylvania, 2014)Congress is more ideologically polarized than at any time in the modern regulatory era, which makes legislation ever harder to pass. As a result, Congress is increasingly absent from the policymaking process, and fails to ... -
On a Differential Law of War
(Harvard University, Harvard Law School, 2011)Should the United States, as the strongest military power in the world, be bound by stricter humanitarian constraints than its weaker adversaries? Would holding the U.S. to higher standards than the Taliban, Iraqi insurgents, ... -
On Academic Fads and Fashions
(Michigan Law Review, 2001)Like everyone else, academics are susceptible to informational and reputational signals. Sometimes academics lack confidence in their methods and beliefs, and they pay a great deal of attention to the methods and beliefs ... -
On Avoiding Foundational Questions
(Stanford Law School, 2007)In both legal practice and legal scholarship, it is sometimes best to proceed without attempting to answer the foundational questions. Originalists can inquire into the original public meaning of the Equal Protection Clause ... -
On Being a Religious Professional: The Religious Turn in Professional Ethics
(University of Pennsylvania, 2001) -
On Competence, Legitimacy, and Proportionality
(University of Pennsylvania, 2012)