Browsing HLS Scholarly Articles by Title
Now showing items 1182-1201 of 1913
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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) -
On Judgment
(Lewis & Clark Law School, 2011)The Supreme Court’s constitutional decisions have been a mixed blessing. Some of the Court’s most celebrated decisions have, in the long run, done more harm than good. Mapp v. Ohio, while it might have done a certain amount ... -
On Learning From Others
(Stanford Law School, 2007)Some people think that the practices of many courts in many countries, or in many relevant countries, offer helpful guidance to courts in other countries, when those courts are approaching hard or novel questions. In their ... -
On Not Revisiting Official Discount Rates: Institutional Inertia and the Social Cost of Carbon
(2014-09-22)Within the federal government, official decisions are a product of both substantive judgments and institutional constraints. With respect to discounting, current practice is governed by OMB Circular A-4 and the 2010 and ... -
On Plaintiff Incentive Payments
(2007) -
On Property and Constitutionalism
(2014-09-09) -
On the (Ir)Relevance of Distribution and Labor Supply Distortion to Government Policy
(American Economic Association, 2004)No abstract provided. -
On the Cartel Bogie
(Fletcher School of Law and Diplomacy, 1977) -
On the Choice of Welfare Standards in Competition Law
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2011)This article addresses two issues relating to the choice between a consumer welfare and total welfare standard for competition law. First, it considers whether distributive considerations may favor a consumer welfare ... -
On the Costs and Benefits of Aggressive Judicial Review of Agency Action
(Duke University School of Law, 1989)