Browsing HLS Scholarly Articles by Title
Now showing items 65-84 of 1913
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Antidumping and Strategic Industrial Policy: Tit-for-Tat Trade Remedies and the China–X-Ray Equipment Dispute
(Cambridge University Press, 2015)This article examines the relationship between antidumping duties and strategic industrial policy. We argue that the dynamic between the two instruments is more complex and elaborate than that offered by the conventional ... -
Antidumping in Asia's Emerging Giants
(Harvard University, Harvard Law School, 2012)Over the past decade, China and India have rapidly increased their use of antidumping laws, the world’s most dominant form of trade protectionism, against their trading partners. Yet, this behavior has triggered little ... -
Antitrust, Law & Economics, and the Courts
(Duke University School of Law, 1987)No abstract provided. -
Any Non-welfarist Method of Policy Assessment Violates the Pareto Principle
(University of Chicago Press, 2001)The public at large, many policymakers, and a number of economists hold views of social welfare that are non‐welfarist. That is, they attach some importance to factors other than the effects of policies on individuals’ ... -
Any Non‐welfarist Method of Policy Assessment Violates the Pareto Principle: Reply
(University of Chicago Press, 2004)No abstract provided. -
Apology to Utopia: The Structure of International Legal Argument
(Harvard University, Harvard Law School, 1990) -
The Appeals Process and Adjudicator Incentives
(University of Chicago Press, 2006)The appeals process—whereby litigants can have decisions of adjudicators reviewed by a higher authority—is a general feature of formal legal systems (and of many private decision‐making procedures). The appeals process ... -
Appraising The Significance of The Subjects and Objects of The Constitution: A Case Study in Textual and Historical Revisionism
(2014)In this short Article, I shall express some grounds for respectful skepticism, both about whether Rosenkranz has proven his claims and about whether courts should decide cases on the basis of his arguments, even if judges ... -
The Architecture of Innovation
(Duke University School of Law, 2002) -
Are Poor People Worth Less Than Rich People? Disaggregating the Value of Statistical Lives
(2005)Each government agency uses a uniform figure to measure the value of a statistical life. This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. ... -
Are Property and Contract Efficient?
(1980) -
The Arithmetic of Arsenic
(2001)What does cost-benefit mean, or do, in actual practice? When agencies are engaging in cost-benefit balancing, what are the interactions among law, science, and economics? This Article attempts to answer that question by ... -
The Arithmetic of Climate Change
(Elsevier BV, 2021-09-06)In its ideal form, arbitrariness review is an instrument for promoting “deliberative democracy” – a system that combines reason-giving with political accountability. Under arbitrariness review in its current form, courts ... -
Armed Non-State Actors and International Human Rights Law: An Analysis of the Practice of the U.N. Security Council and U.N. General Assembly
(Harvard Law School Program on International Law and Armed Conflict, 2017)Several significant legal, policy, and practical concerns are at issue in whether armed non-state actors (ANSAs) will ultimately be recognized—by all relevant institutions and actors—as bearing human-rights obligations in ... -
Asking the Right Questions About Officer Immunity
(Fordham Law Review, 2011) -
Aspects of the Executive's Power Over National Security Matters: Secrecy Classifications and Foreign Intelligence Wiretaps
(Indiana University School of Law, 1974) -
Assessing BEPS: Origins, Standards, and Responses
(International Fiscal Association, 2017)The G20/OECD’s multi-year campaign to combat base erosion and profit shifting (BEPS) marks a critical step in the evolution of the international tax regime and the roles of institutions that guide it. This General Report ... -
Assessing Punitive Damages...
(University of Chicago Law School, 2014-09-17)This essay reports and discusses the implications of an experimental study involving punitive damage awards. The study finds that in products liability cases, people's normative judgments (about outrageousness and appropriate ...