Browsing HLS Scholarly Articles by Title
Now showing items 1287-1306 of 1913
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Populism and Constitutionalism: An Essay on Definitions and Their Implications
(2020-04-21)Around the world governments characterized by observers as populist have taken power. Many of their actions have been incompatible with tenets of modern liberalism. This has generated commentary suggesting that populism ... -
Pornography and the First Amendment
(2014-09-24) -
Post-Lecture Discussion
(1991) -
Post-Siliconix Freeze-outs: Theory and Evidence
(University of Chicago Press, 2007)At approximately the same time that the Sarbanes‐Oxley Act increased the costs associated with being a public company, important Delaware case law created a difference in the standard of judicial review for the two basic ... -
Postscript: Journalism After Snowden
(2017)Edward Snowden's release of classified NSA documents exposed the widespread government practice of mass surveillance in a democratic society. The publication of these documents, facilitated by three journalists, as well ... -
Power to the People
(2011) -
The Powerful and Pervasive Effects of Ownership on M&A
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2010)Ownership dispersion is a first-order determinant of M&A practices. Firms with dispersed ownership are more salient, and tend to be larger, but dispersion varies significantly among even large US businesses, and affects ... -
The Powerful Antitakeover Force of Staggered Boards: Further Findings and a Reply to Symposium Participants
(Stanford Law School, 2002)This paper develops and defends our earlier analysis of the powerful antitakeover force of staggered boards. We reply to five responses to our work, by Stephen Bainbridge, Mark Gordon, Patrick McGurn, Leo Strine, and Lynn ... -
A Powerless Companion: Human Rights in the Age of Neoliberalism
(Duke University School of Law, 2014)Yet even in the evolved form of Marx's critique, there is a drastic set of differences between that general account - which might fit, for example, the modern globalization of markets and the globalization of property ... -
Practical Wisdom for Practicing Lawyers: Separating Ideals from Ideology in Legal Ethics (Review of Anthony T. Kronman, The Lost Lawyer: Failing Ideals of the Legal Profession)
(The Harvard Law Review Association, 1994) -
Pragmatist and Poststructuralist Critical Legal Practice
(University of Pennsylvania, 1991) -
Precautionary Constitutionalism in Ancient Athens
(Cardozo Law Review, 2013)The Athenian democracy developed striking institutions that, taken together and separately, have long engaged the attention of theorists in law, politics, and history. We will offer a unifying account of the major institutions ... -
Precautionary Constitutionalism in Ancient Athens
(Cardozo Law Review, 2013)The Athenian democracy developed striking institutions that, taken together and separately, have long engaged the attention of theorists in law, politics, and history. We will offer a unifying account of the major institutions ... -
The Precautionary Principle as a Basis for Decision Making
(Economists' Voice, 2005)Over the coming decades, the increasingly popular “precautionary principle” is likely to have a significant impact on policies all over the world. Applying this principle could lead to dramatic changes in decision making. ... -
Precontractual Reliance
(University of Chicago Press, 2001)During contractual negotiation, parties often make (reliance) expenditures that would increase the surplus should a contract be made. This paper analyzes decisions to invest in pre-contractual reliance under alternative ... -
Predictably Incoherent Judgments
(The Law School of the University of Chicago, 2001)When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is ... -
Predicting Court Outcomes through Political Preferences: The Japanese Supreme Court and the Chaos of 1993
(Duke University School of Law, 2009)Empiricists routinely explain politically sensitive decisions of the U.S. federal courts through the party of the executive or legislature appointing the judge. That they can do so reflects the fundamental independence of ... -
Preemption and Textualism
(Michigan Law Review, 2013)In the critically important area of preemption, the Supreme Court's approach to statutory interpretation differs from the approach it follows elsewhere. Whether in politically salient matters, like challenges to Arizona's ... -
Preface to Responses: Dynamism, Not Just Diversity
(2007)Remaking institutions of higher education so that women succeed and lead is an example of the kind of aspiration that requires new thinking as well as motivation and hard work. Generated by the innovative scholarship of ...