Browsing HLS Scholarly Articles by Title

Now showing items 871-890 of 1914

    • Iraq: The Case for Losing 

      Kennedy, Duncan McLean (Brooklyn Law School, 2006)

    • Irreconcilable Differences: Judicial Resolution of Business Deadlock 

      Landeo, Claudia M.; Spier, Kathryn E. (University of Chicago Press, 2014)
      This article studies the judicial resolution of business deadlock. Asset valuation, a necessary component of business divorce procedures, can pose serious problems in case of closely-held businesses such as general ...

    • The Irrelevance of the Broccoli Argument Against the Insurance Mandate 

      Elhauge, Einer Richard (Massachusetts Medical Society, 2011)

    • Irreversibility 

      Sunstein, Cass Robert (Oxford University Press, 2010)
      The concept of "irreversibility" plays a large role in many domains, including public health, medical practice, and environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. ...

    • Irreversible and Catastrophic 

      Sunstein, Cass Robert (Cornell Law Review, 2006)
      As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. When a harm is irreversible, ...

    • Irreversible and Catastrophic: Global Warming, Terrorism, and Other Problems 

      Sunstein, Cass Robert (Pace University School of Law, 2006)
      As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. When a harm is irreversible, ...

    • Is Breach of Contract Immoral? 

      Shavell, Steven (Emory Law Journal, 2006)
      When, and why, might it be thought immoral to commit a breach of contract? The answer to this fundamental question is not obvious, because, as is stressed, and as has been overlooked in addressing the question, contracts ...

    • Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs 

      Sunstein, Cass Robert; Vermeule, Adrian (2005)
      Recent evidence suggests that capital punishment may have a significant deterrent effect, preventing as many eighteen or more murders for each execution. This evidence greatly unsettles moral objections to the death penalty, ...

    • Is Cost-Benefit Analysis a Foreign Language 

      Sunstein, Cass Robert (Taylor & Francis, 2018)
      Do people think better in a foreign language? In some ways, yes. There is considerable evidence to this effect, at least to the extent that they are less likely to rely on intuitions that can lead to serious errors. This ...

    • Is Delaware's Corporate Law Too Big to Fail? 

      Roe, Mark J. (Brooklyn Law School, 2008)
      An enduring inquiry for American corporate law scholars is why the small state of Delaware dominates corporate chartering in the United States. Several theories explain the result. I add another partial explanation: size ...

    • Is Delaware’s Antitakeover Statute Unconstitutional? Further Analysis and a Reply to Symposium Participants 

      Subramanian, Guhan; Herscovici, Steven; Berbetta, Brian (American Bar Association, 2010)
      In an Article published in the May 2010 issue of the Business Lawyer, we examined Delaware doctrine and presented new evidence to conclude that the empirical claim that the federal courts relied upon to uphold Delaware’s ...

    • Is Deontology a Heuristic? On Psychology, Neuroscience, Ethics, and Law 

      Sunstein, Cass Robert (2013)
      A growing body of psychological and neuroscientific research links dual-process theories of cognition with moral reasoning (and implicitly to legal reasoning as well). The relevant research appears to show that at least ...

    • Is It Necessary to Apply Physical Pressure to Terrorists - And to Lie about It 

      Dershowitz, Alan Morton (1989)

    • Is Moral Reasoning Conceptual Interpretation 

      Fallon, Richard Henry (The Boston University School of Law, 2010)

    • Is OSHA Unconstitutional? 

      Sunstein, Cass Robert (Virginia Law Review Association, 2008)
      Under the Occupational Safety and Health Act, the Secretary of Labor is authorized to issue whatever standards are reasonably necessary or appropriate to provide safe or healthful places of employment. More than any other ...

    • Is Pluralism an Ideal or a Compromise: An Essay for Carol Weisbrod 

      Minow, Martha Louise (University of Connecticut School of Law, 2008)
      How much room should a secular democracy ensure for religious and ethnic subgroups - and when it does so, is this a matter of normative principle or instead a compromise of principles? A prime context for this question ...

    • Is Privacy a Woman? 

      Suk, Jeannie Chi Young (Georgetown Law Journal Association, 2009)
      This essay is about the representation of privacy. Focusing on several of the Supreme Court's Fourth Amendment cases regarding the police and the home, I explore judicial articulations of the meaning of private space. ...

    • Is Subversion Subversive? 

      Wiseman, Zipporah; Abrams, Kathryn; Franke, Katherine; Kennedy, David W. (University of Texas at Austin, School of Law Publications, Inc, 2003)
      In the framework of the conference, which was an attempt to look at subversion in the past, present, and hopefully in the future, there was an omnipresent theme which Janet Halley started us off with in the opening round ...

    • Is the Clean Air Act Unconstitutional? 

      Sunstein, Cass Robert (2015-01-20)
      When the Environmental Protection Agency (EPA) issues national ambient air quality regulations, it should meet two requirements. First, the EPA should specify, to the extent possible in quantitative terms, the range of ...

    • Is the Third Amendment Obsolete 

      Horwitz, Morton J. (1991)