Browsing HLS Scholarly Articles by Title
Now showing items 17-36 of 1913
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Accuracy in the Assessment of Damages
(University of Chicago Press, 1996)Assessment of damages is a principal issue in litigation and, in light of this, we consider the social justification for, and the private benefits of, accurate measurement of harm. Greater accuracy induces injurers to ... -
Accuracy in the Determination of Liability
(University of Chicago Press, 1994)No abstract provided. -
The Accuracy of Traditional Market Power Analysis and a Direct Adjustment Alternative
(Harvard Law School, 1982)No abstract provided. -
Active Choosing or Default Rules? The Policymaker’s Dilemma
(2014)For policymakers, the idea of active choosing has a great deal of appeal, not least because it avoids the charge of paternalism. In many contexts, however, an insistence on active choosing is a form of paternalism, not an ... -
Addressing Global Health Inequities: An Open Licensing Approach for University Innovations
(2005)The article describes the current crisis in access to medicines in the developing world, the existing R&D gap, and the role of universities and other public sector research institutions in exacerbating or ameliorating these ... -
Adjudication As Sport: Rhetoric Astray?
(Osgoode Hall Law School of York University, 2000) -
Administrative Law Goes to War
(Harvard University, Harvard Law School, 2005)What are the President's war-making powers? This essay, a brief reply to an article by Curtis Bradley and Jack Goldsmith, contends that the answer lies in administrative law, at least in the first instance. The President's ... -
Administrative Law in the 1930s: The Supreme Court's Accommodation of Progressive Legal Theory
(Duke University School of Law, 2011)In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address rapidly changing ... -
Administrative Law in the 1930s: The Supreme Court's Accommodation of Progressive Legal Theory
(2011)In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address rapidly changing ... -
The Administrative Law of Borrowed Regulations: Legal Questions Regarding the Bankruptcy Law's Incorporation of IRS Standards
(Norton Bankruptcy Law Adviser, 2008)In the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress included a provision requiring bankruptcy courts evaluating individual debtors' financial circumstances to utilize certain monthly ... -
Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, and Sunstein
(Duke University School of Law, 1989) -
Administrative Substance
(Duke University School of Law, 1991) -
Adolescent Risk-Taking and Social Meaning: A Commentary
(2008)Why do adolescents take risks? What is the appropriate response to adolescent risk-taking? This Commentary for a special issue of Developmental Review, discussing a set of papers in that issue, explores these questions ... -
Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council
(Harvard Law School Program on International Law and Armed Conflict, 2021-12)States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often ... -
Adversarial attacks on medical machine learning
(American Association for the Advancement of Science (AAAS), 2019-03-22) -
Advocacy in the Court of Public Opinion Part I: Broadening the Role of Corporate Attorneys
(Georgetown University Law Center, 2009)Today legal controversies are tried in the "court" of public opinion as much as in any court of law. Corporate lawyers' traditional tendency, however, has been to attempt to compartmentalize legal activities from public ... -
Affirmative Action and Stereotype Threat
(2015)This paper provides experimental evidence on the effect of affirmative action (AA). In particular, we investigate whether affirmative action has a ”stereotype threat effect” – that is, whether AA cues a negative stereotype ... -
Affordable Convergence: “Reasonable Interpretation” and the Affordable Care Act
(Harvard Law School, 2012)The constitution of the United States is to receive a reasonable interpretation of its language, and its powers, keeping in view the objects and purposes, for which those powers were conferred. By a reasonable interpretation, ... -
African Poverty
(Washington Law Review Association, 2012)African extreme poverty is probably a function (although not solely) of the balkanized post-colonial geopolitics of Africa. It is also probably a function (although not solely) of the income distribution generated by a ...