Browsing HLS Scholarly Articles by Title
Now showing items 796-815 of 1913
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Indignation: Psychology, Politics, Law
(2007)Moral intuitions operate in much the same way as other intuitions do; what makes the moral domain is distinctive is its foundations in the emotions, beliefs, and response tendencies that define indignation. The intuitive ... -
Inequality and Indignation
(2002)Inequalities often persist because both the advantaged and the disadvantaged stand to lose from change. Despite the probability of loss, moral indignation can lead the disadvantaged to seek to alter the status quo, by ... -
The Inevitable Globalization of Constitutional Law
(Virginia Journal of International Law Association, 2009)This Essay examines the forces pushing the presently varying forms of domestic constitutional law toward each other, and the sources of and forms of resistance to that globalization (or convergence, or harmonization). After ... -
The Inevitable Instability of American Corporate Governance
(2004)American corporate governance faces two core instabilities. The first is the separation of ownership from control - distant and diffuse stockholders own, while concentrated management controls - a separation that creates ... -
Inexcusable Wrongs
(California Law Review Inc., 2015)Tort law has little patience for excuses. Criminal law is more forgiving—it recognizes nominate excuses such as duress and provocation, as well as innominate excuses that temper punishment. Excuses are also commonplace in ... -
The Influence of Antitakeover Statutes on Incorporation Choice: Evidence on the "Race" Debate and Antitakeover Overreaching
(University of Pennsylvania, 2002)Commentators have long debated whether competition among states for corporate charters represents a race to the top or a race to the bottom. Race-to-the-top advocates have recently gained ground in this debate on the basis ... -
The Influence of Catholic Social Doctrine on Human Rights
(2013)In the history of Catholic social doctrine, surely one of the most important developments has been the Church’s assimilation of what Pope Benedict XVI has called the ‘true conquests of the Enlightenment’.1 Nowhere is ... -
Information Acquisition and Institutional Design
(Harvard University, Harvard Law School, 2011) -
Information and the Aim of Adjudication: Truth or Consequences?
(2015)Adjudication is fundamentally about information, usually concerning individuals’ previous or proposed behavior. Legal system design is challenging because information ordinarily is costly and imperfect. This Article analyzes ... -
Informational Regulation and Informational Standing: Akins and Beyond
(University of Pennsylvania, 2014-09-18)This Article discusses informational regulation and informational standing. It outlines the rise of informational regulation as an alternative to government command-and-control and offers a discussion of why and when ... -
Informed Trading and False Signaling with Open Market Repurchases
(California Law Review Inc., 2005)Public companies in the United States and elsewhere increasingly use open market stock buybacks, rather than dividends, to distribute cash to shareholders. Academic commentators have emphasized the possible benefits of ... -
Insider Trading Regulation in Japan
(Edward Elgar, 2013)The U.S.-controlled occupation imposed on Japan in the late 1940s an American-style securities statute. The U.S. statute did not ban insider trading at the time, and neither did the new Japanese law. Not until the 1960s ... -
Insider Trading via the Corporation
(University of Pennsylvania, 2014) -
Institutional Design of a Thayerian Congress
(Duke University School of Law, 2001) -
Institutional Flip-Flops
(2015)Many people vigorously defend particular institutional judgments on such issues as the filibuster, recess appointments, executive privilege, federalism, and the role of the courts. These judgments are defended publicly ... -
Institutions and Indirectness in Intellectual Property
(University of Pennsylvania, 2009) -
The Institutions of Corporate Governance
(2004)In this review piece, I outline the institutions of corporate governance decision-making in the large public firm in the wealthy West. By corporate governance, I mean the relationships at the top of the firm - the board ... -
Instrumentalisms
(Harvard University, Harvard Law School, 2007) -
Integrating Approaches to Privacy Across the Research Lifecycle: When Is Information Purely Public?
(Berkman Center for Internet & Society, 2015)On September 24-25, 2013, the Privacy Tools for Sharing Research Data project at Harvard University held a workshop titled "Integrating Approaches to Privacy across the Research Data Lifecycle." Over forty leading experts ...