Browsing HLS Scholarly Articles by Title
Now showing items 303-322 of 1913
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Constitutional Politics and Text in the New Iraq: An Experiment in Islamic Democracy
(Fordham Law Review, 2006) -
Constitutional Showdowns
(University of Pennsylvania, 2008) -
Constitutional Workarounds
(University of Texas Law School, 2009)This Essay, forthcoming in the Texas Law Review, examines constitutional workarounds, which arise (a) when there is significant political pressure to accomplish some goal, but (b) some parts of the Constitution's text seems ... -
Constitutionalism and Secession
(University of Chicago Press, 1991)The Soviet Constitution guarantees a right to secede. The American Constitution does not. Although some secessionists in the American South, invoking state sovereignty, claimed to find an implicit right to secede in the ... -
Constitutions as "Living Trees?" Comparative Constitutional Law and Interpretive Metaphors
(Fordham Law Review, 2006) -
Constitutions Inside Out: Outsider Interventions in Domestic Constitutional Contests
(2014-09-17)Increased interactions among peoples and states combined with the growth of written constitutions are creating new opportunities for “extra-territorial” forms of constitutional interpretation, that is, the interpretation ... -
Consumer Bankruptcy and Financial Health
(2015)This paper estimates the effect of Chapter 13 bankruptcy protection on post-filing financial outcomes using a new dataset linking bankruptcy filings to credit bureau records. Our empirical strategy uses the leniency of ... -
Contemporary Legal Transplants - Legal Families and the Diffusion of (Corporate) Law
(Brigham Young University Law Review, 2010)This paper empirically documents the continued importance of the legal families for the diffusion of formal legal materials from the core to the periphery in post-colonial times. This raises the possibility that substantive ... -
Content Moderation by Social Media Intermediaries - Examining Short Termism during the Ukraine Crisis
(Harvard Law School, 2023-12-25)Social Media platforms have long been accused of differential content moderation practices, both by Governments and their users. The Russia-Ukraine war brought this issue to the forefront, where moderation decisions of ... -
Contesting the Character of the Political Economy in the Early Republic: Rights and Remedies in Chisholm v. Georgia
(Reprinted with permission by Ohio University Press, 2002)The U.S. Constitution left it notoriously ambiguous whether individuals could sue sovereign states for breach of contract in federal court. Within a few years, the issue had produced a constitutional crisis, famously acted ... -
Contract and Fiduciary Duty in Corporate Law
(The Boston College Law School, 1997) -
Contractual Holdup and Legal Intervention
(University of Chicago Press, 2007)This article develops the point that incentive and risk‐bearing problems associated with contractual holdup may justify legal intervention. Contractual holdup is considered both for fresh contracts and for modifications ... -
Contrived Threats v. Uncontrived Warnings: A General Solution to the Puzzles of Contractual Duress, Unconstitutional Conditions, and Blackmail
(University of Chicago Press, 2015)Contractual duress, unconstitutional conditions, and blackmail have long been puzzling. The puzzle is why these doctrines sometimes condemn threatening lawful action to induce agreements, but sometimes do not. This article ... -
The Controversial Status of International and Comparative Law in the United States
(Harvard Law School, 2010)In recent years, I have watched the swirling debate over whether the United States courts should consult international or comparative law. As a law professor, the debate has puzzled me, for international and comparative ... -
Conventions in Court
(2013)In the Commonwealth nations, a constitutional “convention” denotes an unwritten but obligatory constitutional custom or norm. The question I will address is whether public law in the United States should be understood to ... -
Conventions of Agency Independence
(Columbia Law Review Association, Inc., 2013)It is often said that the legal touchstone of agency independence is whether agency heads are removable at will or only for cause. Yet this condition is neither necessary nor sufficient for operational independence. Many ... -
Copyright in the Digital Age
(Scarecrow Press, 2013) -
The Core Of An Uneasy Case For Judicial Review
(Harvard University, Harvard Law School, 2008)The best case for judicial review in politically and morally healthy societies does not depend (as is commonly believed) on the idea that courts are more likely than legislatures to define vague rights correctly. It rests ... -
Corporate Governance 2.0
(Graduate School of Business Administration, Harvard University, 2015)The article cites several examples of questionable corporate governance including those involving retailer J. C. Penney, bank J. P. Morgan Chase & Co., and drug company Allergan, and discusses principles the author believes ...