Browsing HLS Scholarly Articles by Title
Now showing items 402-421 of 1913
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Democracy and Corruption
(1996)I was asked to speak about corruption and democracy. I have a long history of concern about that relationship. The subject of corruption and democracy is best broken into three separate areas. First, there are questions ... -
Democracy-Based Resistance to a Constitutional Right of Social Citizenship: A Comment on Forbath
(Fordham Law Review, 2001) -
Democratic Estates: Property Law in a Free and Democratic Society
(Cornell Law Review, 2009)How should we think about property and property law both descriptively and normatively? This article suggests we consider this question by focusing on justifications for the estates system which limits the bundles of ... -
Democratizing the Senate from Within
(2021-03-25)The U.S. Senate is an undemocratic institution in two respects. First, the filibuster rule allows a minority of Senators to block a final vote on most measures. Second, the Senate’s malapportionment means that a Senate ... -
The Demoiselles d'Evanston: On the Aesthetics of the Wigmore Chart
(Oxford University Press, 2008)Wigmore's ‘The Problem of Proof’, published in 1913, was a path-breaking attempt to systematize the process of drawing inferences from trial evidence. In this paper, written for a conference on visual approaches to evidence, ... -
Depoliticizing Administrative Law
(2008)A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized, in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than ... -
Derivatives Market's Payment Priorities as Financial Crisis Accelerator
(Stanford Law School, 2011)Chapter 11 bars bankrupt debtors from immediately repaying their creditors, so that the bankrupt firm can reorganize without creditors shredding the bankrupt’s business. Not so for the bankrupt’s derivatives counterparties, ... -
Derivatives Markets in Bankruptcy
(Harvard Law School, 2012)By treating derivatives and financial repurchase agreements much more favorably than it treats other financial vehicles, American bankruptcy law subsidizes these arrangements relative to other financing channels. By ... -
Derivatives Trading and Negative Voting
(John M. Olin Center for Law, Economics, and Business, 2012)This paper exposits a model of parallel trading of corporate securities (shares, bonds) and derivatives in which a large trader can sometimes profitably acquire securities with their corporate control rights for the sole ... -
Design Copyright: The Latest Judicial Hint
(eSapience, 2013)Earlier this year, in an important copyright ruling, the Supreme Court dropped a puzzling clue about copyright for designs that merits examination. In an opinion authored by Justice Breyer, the Court's foremost copyright ... -
Designing a 21st Century Corporate Tax — An Advance U.S. Minimum Tax on Foreign Income and Other Measures to Protect the Base
(Tax Analysts, 2015)The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This Article continues our exploration of second-best international tax reforms that would protect the U.S. corporate tax base ... -
Designing a U.S. Exemption System For Foreign Income When the Treasury is Empty
(Tax Analysts, 2012)The U.S. government faces a well-documented long-term revenue shortage that is unlikely to be cured by government expenditure reductions. Thus, it is curious that there is currently considerable pressure for the United ... -
Despite Preemption: Making Labor Law in Cities and States
(Harvard University, Harvard Law School, 2011)The preemption regime grounded in the National Labor Relations Act (NLRA) is understood to preclude state and local innovation in the field of labor law. Yet preemption doctrine has not put an end to state and local labor ... -
Deterring Murder: A Reply
(Stanford Law School, 2006) -
The Devil's Daughter of Hell Fire: Anger's Role in Medieval English Felony Cases
(Cambridge University Press (CUP), 2016-12-12)During the period at issue in this paper–the thirteenth and fourteenth centuries, when trial juries were first employed in English felony cases–felonious homicide was a catch-all category, with no formal distinction drawn ... -
Dialogic Judicial Review
(Arkansas Law Review and Bar Association Journal, inc., 2008) -
Dialogue, Discourse, and Debate: Introducing the Harvard National Security Journal
(Harvard Law School, 2010) -
Did Reform of Prudent Trust Investment Laws Change Trust Portfolio Allocation?
(University of Chicago Press, 2007)This paper investigates the effect of changes in state prudent trust investment laws on asset allocation in noncommercial trusts. The old prudent-man rule favored "safe" investments and disfavored "speculation" in stock. ... -
Differential Response: A Dangerous Experiment in Child Welfare
(2014-08-06)Differential Response (DR) represents the most important child welfare initiative of the day, with DR programs rapidly expanding throughout the country. It would radically change our child welfare system, diverting the ...