Browsing HLS Scholarly Articles by Title

Now showing items 1756-1775 of 1913

    • Trimming 

      Sunstein, Cass Robert (2008)
      In law and politics, some people are trimmers. They attempt to steer between the poles. Trimming might be defended as a heuristic for what is right, as a means of reducing political conflict over especially controversial ...

    • The Trouble with Staggered Boards: A Reply to Georgeson's John Wilcox 

      Bebchuk, Lucian Arye; Coates, John; Subramanian, Guhan (Prentice Hall Law & Business, 2003)
      In recent work, we presented evidence indicating that staggered boards have adverse effects on target shareholders. John Wilcox, the Vice-Chair of Georgeson, recently published a critique of our work, urging shareholders ...

    • The True Woman: Scenes From the Law of Self-Defense 

      Suk, Jeannie Chi Young (Harvard University, Harvard Law School, 2008)
      Self-defense is undergoing an epochal transformation. In the last few years, dozens of states have passed or proposed new Castle Doctrine legislation intended to expand the right to use deadly force in self-defense. These ...

    • The Trump Administration, COVID-19, and the Continuing Assault on the Rights of Asylum Seekers and Refugees 

      Ardalan, Sabrineh (Oxford University Press (OUP), 2020-12-01)

    • The Trust as "Uncorporation": A Research Agenda 

      Sitkoff, Robert H (University of Illinois, 2005)
      Trust has long been a competitor of corporation as a form of business organization. Though corporation today dominates trust for operating enterprises, trust dominates corporation in certain specialized niches. The market ...

    • Trust Law as Fiduciary Governance Plus Asset Partitioning 

      Sitkoff, Robert H (Cambridge University Press, 2013)
      The theme of this essay, a commentary on two papers forthcoming in the same volume on “The Worlds of the Trust,” is that trust law is not a species of property law or contract law, but rather is a species of organizational ...

    • Trust Law, Corporate Law, and Capital Market Efficiency 

      Sitkoff, Robert H (University of Iowa, 2003)
      In both the publicly-traded corporation and the private donative trust a crucial task is to minimize the agency costs that arise from the separation of risk-bearing and management. But where the law of corporate governance ...

    • Trusts and Estates: Implementing Freedom of Disposition 

      Sitkoff, Robert H (St. Louis University School of Law, 2014)
      The Trusts and Estates course is about the law of gratuitous transfers at death, that is, the law of succession. Lately such courses have come to cover both probate succession by will and intestacy, and non-probate succession ...

    • The Truthiness of ‘Lockout’: A Review of What We Know 

      Shay, Stephen E. (Tax Analysts and Advocates, 2015)
      Shay reviews what is known about ‘‘lockout’’ and unrepatriated offshore earnings. He concludes that the limited evidence available does not support claims that economic harm from lockout justifies shifting to a territorial ...

    • Trying and Succeeding 

      Goldberg, John; Zipursky, Benjamin C. (Bloomsbury Press, 2024-08-08)
      In “Duties to Try and Duties to Succeed,” Stephen Smith distinguishes two types of duties one might find in areas of private law such as contracts and torts: (1) duties to succeed (such as a duty not to trespass on another’s ...

    • The Turn to Interpretation 

      Kennedy, David W. (University of South California Law Center, 1995)

    • Turning to Market Democracy: A Tale of Two Architectures 

      Kennedy, David W. (Harvard University, Harvard Law School, 1991)

    • Tushnet: Comment on Cox 

      Tushnet, Mark V. (University of Maryland, 1987)

    • The Twenty-First Century Law Library 

      Danner, Richard A.; Kauffman, S. Blair; Palfrey, John (American Association of Law Libraries, 2009)
      On November 6, 2008, the J. Michael Goodson Law Library at the Duke University School of Law held a number of events in celebration of its newly renovated and expanded space. This is an edited version of the program, "The ...

    • Two Americas in Healthcare: Federalism and Wars over Poverty from the New Deal-Great Society to Obamacare 

      Brown-Nagin, Tomiko (2014)
      The Supreme Court’s decision sustaining the Affordable Care Act has inspired commentary applauding the Court for preserving the social safety net instituted and expanded during the New Deal and the Great Society. That ...

    • Two Cheers for the Foreign Tax Credit, Even in the BEPS Era 

      Fleming, Jr., J. Clifton; Peroni, Robert J.; Shay, Stephen E. (2016)
      Reform of the U.S. international income taxation system has been a hotly debated topic for many years. The principal competing alternatives are a territorial or exemption system and a worldwide system. For reasons ...

    • Two Conceptions of Irreversible Environmental Harm 

      Sunstein, Cass Robert (2008)
      The concept of "irreversibility" plays a large role in the theory and practice of environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. But the idea of irreversibility ...

    • Two Conceptions of Procedural Fairness 

      Sunstein, Cass Robert (New School for Social Research, 2006)
      Legal systems must proceed in the face of two conceptions of procedural fairness. The first, embodied in the rule of law ideal, calls for clear rules, laid down in advance and susceptible to mechanical application in ...

    • Two Concepts of Government 

      Parker, Richard D. (Northwestern University School of Law, 2008)

    • Two Footnotes to Garvey and Coney: A Dilemma About Material Cooperation, And A Concern About The Nomination Process 

      Tushnet, Mark V. (1998)