Browsing HLS Scholarly Articles by Title
Now showing items 341-360 of 1913
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Cost-Benefit Default Principles
(University of Chicago Law School, 2014-09-17)In an important but thus far unnoticed development, federal courts have created a new series of "default principles" for statutory interpretation, authorizing regulatory agencies, when statutes are unclear, (a) to exempt ... -
Costing Mead
(Yale Law School, 2006) -
Costly litigation and optimal damages
(Elsevier BV, 2014)A basic principle of law is that damages paid by a liable party should equal the harm caused by that party. However, this principle is not correct when account is taken of litigation costs, because they too are part of the ... -
The Costs of Dispositionism: The Premature Demise of Situationist Law and Economics
(2005)This article was written for the 2005 Symposium: "Calabresi's Costs of Accidents: A Generation of Impact on Law and Scholarship" held at the University of Maryland Law School. Donald Gifford provided the following summary ... -
The Costs of Entrenched Boards
(Elsevier, 2005)This paper investigates empirically how the value of publicly traded firms is affected by arrangements that protect management from removal. Staggered boards, which a majority of U.S. public companies have, substantially ... -
The Council of Psychological Advisers
(2016)Findings in behavioral science, including psychology, have been influencing policies and reforms in many nations. “Choice architecture” can affect outcomes even if material incentives are not involved. In some contexts, ... -
The Counter-Terrorism Committee Executive Directorate and International Humanitarian Law: Preliminary Considerations for States
(Harvard Law School Program on International Law and Armed Conflict, 2020-03-30)In developing international humanitarian law (IHL), States have aimed in part to lay down the primary normative and operational framework pertaining to principled humanitarian action in situations of armed conflict. The ... -
Courting the People: Demosprudence and the Law/Politics Divide
(Harvard Law School, 2013) -
Courts Continue to Needle on Climate
(Environmental Law Institute, 2008) -
Creating a Child-Friendly Child Welfare System: Effective Early Intervention to Prevent Maltreatment and Protect Victimized Children
(2012)This article argues that what we call the “child welfare” system has traditionally focused more on adult than on child welfare, placing greater emphasis on family preservation than warranted. It argues further that while ... -
Creating a Child-Friendly Child Welfare System: The Use and Misuse of Research
(Whittier Law School, 2014) -
Creating a Child-Friendly Child Welfare System: The Use and Misuse of Research
(2013)This article, a revised speech, contends that what we call the child welfare system is skewed in an adult-rights direction, and is often quite hostile to child interests. The field is characterized by an unusual amount ... -
Creation Stories: Myths about the Origin of Money
(2013)A myth about the origins of money has long organized modern approaches to the medium. According to that creation story, money is the natural product of human exchange. It can be analogized to a commodity like silver that ... -
The Creative Commons
(University of Montana, 2004) -
The Credible Executive
(University of Chicago Press, 2007)Legal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This paper addresses the risk that voters and legislators will fail to trust a well-motivated ... -
The Crime and Punishment of States
(Yale Law School, 2013)Why is it that we don’t punish states anymore, or, at least, don’t admit to doing so? The moral rhetoric of “crime” and “punishment” of states has been excised from mainstream international law, and replaced with an ... -
Criminal Law Comes Home
(Yale Law School, 2006)Though traditionally criminal law did not reach into the home to punish domestic violence, today such intervention in the home is well accepted and steadily growing. Because we all welcome that remedial development, we ... -
“Criminalization” of Humanitarian Action Under Counterterrorism Frameworks: Key Elements and Concerns
(Cambridge University Press (CUP), 2018)Of the diverse array of contemporary challenges around humanitarian access in armed conflict, a particular set of issues concerns the so-called “criminalization” of humanitarian action under counterterrorism frameworks. ...