Browsing HLS Scholarly Articles by Title
Now showing items 455-474 of 1910
-
Does Red Lion Still Roar?
(American Bar Association, 2008) -
Does Separation of Powers Promote Stability and Moderation?
(University of Chicago Press, 2013)It is often asserted that separation of legislative powers tends to make legislation both more moderate (because concessions to all veto players are needed to secure enactment) and less frequent (because sufficient concessions ... -
Does the Evidence Favor State Competition in Corporate Law
(California Law Review Inc., 2002) -
Dollars and Death
(University of Chicago Press, 2005)Administrative regulations and tort law both impose controls on activities that cause mortality risks, but they do so in puzzlingly different ways. Under a relatively new and still-controversial procedure, administrative ... -
Don’t Force Google to ‘Forget’
(2014) -
Double Bind: Indian Nations v. the Supreme Court
(Harvard University, Harvard Law School, 2005)This comment responds to Professor Philip Frickey's excellent article, (Native) American Exceptionalism in Federal Public Law, - Harv. L. Rev. - (2005), in which Frickey reacts to the Supreme Court's increasing discomfort ... -
Due Process Traditionalism
(Michigan Law Review, 2008)In many cases, the Supreme Court has limited the scope of “substantive due process” by reference to tradition. Due process traditionalism might be defended in several distinctive ways. The most ambitious defense draws on ... -
Dynamic Investigative Practice at the International Criminal Court
(Duke University School of Law, 2014) -
Dynamic remodeling of in-group bias during the 2008 Presidential election
(National Academy of Sciences, 2009)People often favor members of their own group, while discriminating against members of other groups. Such in-group favoritism has been shown to play an important role in human cooperation. However, in the face of changing ... -
Dynamism, Not Just Diversity
(Harvard University, Harvard Law School, 2007) -
Dynamism, Not Just Diversity
(Harvard University, Harvard Law School, 2007) -
The Earth Turned to Bring Us Closer
(Cardozo Law Review, 2008)This paper is part of a symposium issue entitled "Law and Event," whose subject is the work of the contemporary French philosopher Alain Badiou. The paper offers a reading of "21 Grams," a film that treats in narrative ... -
An Economic Analysis of Civil versus Common Law Property
(2012)The article presents an analysis of civil law property and common law property. It mentions that the civil law system emphasizes on ownership and affects leaseholds whereas common law emphasizes on the estate system. The ... -
Economic Analysis of Threats and Their Illegality: Blackmail, Extortion, and Robbery
(University of Pennsylvania, 1993) -
An Economic Approach to Price Fixing
(American Bar Association, 2011)This article examines optimal policy toward coordinated oligopolistic price elevation. First, it analyzes the social welfare implications of enforcement, elaborating the value of deterrence and the nature of possible ... -
Economic Regulation and the Rule of Law: Minimum Standards for the Legal Framework of a Free and Democratic Society
(ABA Press, 2009)It is common to view "the free market" and "government regulation" as opposites. This way of framing policy and legal questions suggests that regulation inevitably deprives us of freedom. But another word for "regulation" ... -
The Economic Structure of Fiduciary Law
(The Boston University School of Law, 2011)This essay revisits the economic theory of fiduciary law. Nearly two decades have passed since the publication of the seminal economic analyses of fiduciary law by Cooter and Freedman (1991), and by Easterbrook and Fischel ... -
An Economic Theory of Fiduciary Law
(Oxford University Press, 2014)This chapter restates the economic theory of fiduciary law, making several fresh contributions. First, it elaborates on earlier work by clarifying the agency problem that is at the core of all fiduciary relationships. In ...