Browsing HLS Scholarly Articles by Title
Now showing items 123-142 of 1913
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Beyond Judicial Minimalism
(2007)Many judges are minimalists. They favor rulings that are narrow, in the sense that they govern only the circumstances of the particular case, and also shallow, in the sense that they do not accept a deep theory of the legal ... -
Beyond the Precautionary Principle
(2003)The precautionary principle has been highly influential in legal systems all over the world. In its strongest and most distinctive forms, the principle imposes a burden of proof on those who create potential risks, and it ... -
Bidding for Ballplayers: A Research Note
(jointly published by the German-Japanese Association of Jurists (DJJV) and the Max Planck Institute for Foreign Private and Private International Law (MPI) in Hamburg, 2008)Is Japanese baseball a different sport from American baseball? In this short research note, we take a new approach to the question Robert Whiting posed so famously three decades ago. Reasoning that owners bid for players ... -
Bilateralism, Multilateralism, and the Architecture of International Law
(Harvard University, Harvard Law School, 2008)This paper studies the different roles, impact, and operation of bilateral treaties and multilateral treaties as structures within the architecture of international law. I observe that the preference for bilateralism or ... -
Biodiversity as a multidimensional construct: a review, framework and case study of herbivory's impact on plant biodiversity
(The Royal Society, 2016)Biodiversity is inherently multidimensional, encompassing taxonomic, functional, phylogenetic, genetic, landscape and many other elements of variability of life on the Earth. However, this fundamental principle of ... -
Black America's Promised Land: Why I Am Still a Racial Optimist
(New Prospect, Inc., 2014)The economic meltdown that accompanied Obama to the White House (and probably played a major role in his initial election) devastated the earnings and assets of black Americans. Since his election, they have not recouped ... -
Black on Brown
(2004)The most important and illuminating early writing on Brown v. Bd. of Education is a nine-page essay by Charles Black. Black memorably shows that segregation was a crucial part of a racial caste system. At the same time, ... -
The Blame Frame: Justifying (Racial) Injustice in America
(2006)This Article attempts to elucidate how our forebears, who were presumably as devoted to justice and liberty in their times as we are in ours, failed to condemn behaviors that are today widely viewed as patently oppressive, ... -
The Blind Expert: A Litigant-Driven Solution to Bias and Error
(2010)America spends hundreds of billions of dollars on its system of civil litigation, and expert witnesses appear in the vast majority of cases. Yet, litigants currently select and retain expert witnesses in ways that create ... -
Book Review
(Temple University School of Law, 2010) -
Book Review
(Oxford University Press (OUP), 2008) -
Book Review
(Seoul National University College of Law, 2001)Jim West would have been immensely pleased with virtually all major aspects of Recent Transformations in Korean Law and Society save one; namely, the volume's dedication to him. The late Dr. West was an extraordinary, ... -
Book Review
(Massachusetts Institute of Technology Press (MIT Press), 2007) -
Book Review
(The Academy of Political Science, 2007) -
Book Review
(Stanford Law School, 2003) -
Book Review
(1992) -
Book Review
(Nature Publishing Group, 2009) -
Book Review
(Massachusetts Institute of Technology Press (MIT Press), 2008)The article reviews the book "Calculating Promises: The Emergence of Modern American Contract Doctrine," by Roy Kreitner. -
Book Review
(Taylor & Francis, 2016)