Browsing HLS Scholarly Articles by Title
Now showing items 1709-1728 of 1913
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Three Versions of Tax Reform
(1997) -
Through the Looking Glass: Alice and the Constitutional Foundations of the Public Domain
(Duke University School of Law, 2003)Alice Randall, an African-American woman, was ordered by a government official not to publish her criticism of the romanticization of the Old South, at least not in the words she wanted to use. The official was not one of ... -
“Tied to the Mast”: Most‐Favored‐Nation Clauses in Settlement Contracts
(University of Chicago Press, 2003)Many settlement contracts in lawsuits that involve either multiple plaintiffs or multiple defendants include so‐called most‐favored‐nation (MFN) clauses. If a defendant who faces multiple claims, for example, settles with ... -
Timing and Form of Federal Regulation: The Case of Climate
(University of Pennsylvania, 2007) -
Timing Controversial Decisions
(Hofstra University School of Law, 2006)Suppose that members of a state court are prepared to announce a highly controversial ruling. The court might be prepared to rule that a state must allow same-sex marriage, that a state may not continue affirmative action ... -
The Timing of Elections
(University of Chicago Press, 2010) -
Timing Rules and Legal Institutions
(Harvard University, Harvard Law School, 2007)Constitutional and legislative restrictions on the timing of legislation and regulation are ubiquitous, but these “timing rules” have received little attention in the legal literature. Yet the timing of a law can be just ... -
Titles of Nobility: Poverty, Immigration, and Property in a Free and Democratic Society
(Association for Law, Property and Society, 2014) -
To which world regions does the valence–dominance model of social perception apply?
(Springer Science and Business Media LLC, 2021-01-04)Over the last ten years, Oosterhof and Todorov’s valence-dominance model has emerged as the most prominent account of how people evaluate faces on social dimensions. In this model, two dimensions (valence and dominance) ... -
Tolerance in an Age of Terror
(Law Center, University of Southern California, 2007)Law review articles and public interest group advocacy charge the United States since 9/11 with overreaction that jeopardizes legal and cultural commitments to tolerance; recent books and articles addressing several European ... -
Tom Franck and the Manhattan School
(New York University School of Law, 2003)In 1963, he opened an article positioning national courts as a disaggregated international judiciary with a transposition of Holmes, turned what, exactly - coy, ironic, insistent - by the added words "of course": "International ... -
Tort in Three Dimensions
(2011)Should our tort law serve as a model for other nations? The answer depends in part on what one understands it to be. Since the mid-Twentieth Century, progressives have favored 'thin' accounts that treat tort law as having ... -
Tort Law and Moral Luck
(Cornell Law Review, 2007)Tort liability often turns to a substantial degree on an actor's good or bad luck. For example, a driver may be lucky to be more skilled than average, or unlucky to be less. Alternatively, she may be lucky to avoid hitting ... -
Tort Law at the Founding
(Florida State University, College of Law, 2011)In his influential History of American Law, Lawrence Friedman suggests that tort law was “totally insignificant” prior to the late Nineteenth Century. Implicit in this assessment is a judgment that a body of law is significant ... -
Torts and Estates: Remedying Wrongful Interference with Inheritance
(Stanford Law School, 2013)This Article examines the nature, origin, and policy soundness of the tort of interference with inheritance. We argue that the tort should be repudiated because it is conceptually and practically unsound. Endorsed by the ... -
Torts as Wrongs
(The University of Texas, 2010)Torts scholars hold different views on why tort law shifts costs from plaintiffs to defendants. Some invoke notions of justice, some efficiency, and some compensation. Nearly all seem to agree, however, that tort law is ... -
Toward a Constitutional Review of the Poison Pill
(Harvard John M. Olin Center for Law, Economics, and Business, 2014)We argue that the state-law rules governing poison pills are vulnerable to challenges based on preemption by the Williams Act. Such challenges, we show, could well have a major impact on the corporate-law landscape. The ... -
Toward a Pragmatic Understanding of Status Consciousness: The Case of Deregulated Education
(Duke University School of Law, 2000)This Article discusses the relationship between federal equal protection doctrine and the states' experiment with deregulated education-in particular, charter schools whose student bodies are identifiable on the basis of ... -
Toward a Pragmatic Understanding of Status-Consciousness: The Case of Deregulated Education
(Duke University School of Law, 2000)This Article discusses the relationship between federal equal protection doctrine and the states' experiment with deregulated education-in particular, charter schools whose student bodies are identifiable on the basis of ...