Browsing HLS Scholarly Articles by Title
Now showing items 892-911 of 1910
-
Japan's Postal Savings Showdown
(Central Banking Publications Ltd., 2005) -
A Job Is Not a Hobby: The Judicial Revival of Corporate Paternalism and Its Problematic Implications
(2015)This article connects the Supreme Court’s decision in Burwell v. Hobby Lobby to the history of “corporate paternalism.” It details the history of employer efforts to restrict the freedom of employees, and legislative ... -
Jobs, Deficit Reduction, Revenues, and Fundamental Tax Reform
(Tax Analysts and Advocates, 2011)In this article, Shay argues that flat opposition to revenue increases has contributed to U.S. economic vulnerability and has had unintended effects, including contributing to increased deficits instead of smaller government. ... -
John Haley and the American Discovery of Japanese Law
(Washington University School of Law, 2009) -
John Paul II's Challenges to the Social Sciences
(Published by the Center for Economic Personalism, 2007)Time and again, by word and example, John Paul II urged social scientists to reexamine some of their most fundamental presuppositions. He asked them to be mindful of the unity that underlies their fragmented disciplines, ... -
John Perry Barlow's Call for Persuasion Over Power
(Duke University School of Law, 2019-08)John Perry Barlow’s insights were inseparable from his lyrical way of conveying them. Paragraphs like this from his seminal 1994 essay The Economy of Ideas come to mind: What was previously considered a common human resource, ... -
Judges as Medical Decision Makers: Is the Cure Worse than the Disease
(1984)I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the ... -
Judging Appointee's Green Record
(Environmental Law Institute, 2009) -
Judging National Security post-9/11: An Empirical Investigation
(2008)Many people believe that when national security is threatened, federal courts should defer to the government. Many other people believe that in times of crisis, citizens are vulnerable to a kind of "panic" that leads to ... -
Judging Responsibility, Responsible Judging
(2015)I am honored to have this opportunity to pay public tribute to Judge Weinstein. The most important things to say about him are the most obvious. He is superhuman—learned and wise beyond measure, eternally curious, impossibly ... -
Judicial Decision Making: A Dynamic Reputation Approach
(University of Chicago Law School., 2015)We seek to contribute to an understanding of how judicial elections affect the incentives and decisions of judges. We develop a theoretical model suggesting that judges who are concerned about their reputation would tend ... -
Judicial Deference to Inconsistent Agency Statutory Interpretations
(University of Chicago Press, 2011)Although administrative law doctrine requires courts to defer to an agency’s reasonable statutory interpretation, the doctrine is unclear as to whether an agency gets less deference when it changes its own prior interpretation. ... -
The Judicial Repeal of the Johnson/Kennedy Administration's 'Signature' Achievement
(2014)The Civil Rights Act of 1964, one of the most significant legislative achievements in American history, has been gutted. This is not because of Congress, or an Executive agency; it is because of the courts. Federal judges, ... -
Judicial Review as a Response to Political Posturing
(Cambridge University Press, 2011)We use an agency model to analyze the impact of judicial review on the incentives of elected leaders to “posture” by enacting bold but ill-advised policies. We find that judicial review may exacerbate posturing by rescuing ... -
Judicial Review of Counterterrorism Operations
(International Association of Jewish Lawyers and Jurists, 2010)A comparison of American and Israeli courts’ judicial review of counterterrorism operations reveals both similarities and differences in their opinions as to not only what constitutes lawful conduct, but also as to what ... -
The Judiciary Is a They, Not an It: Interpretive Theory and the Fallacy of Division
(University of San Diego School of Law, 2005)In the theory of constitutional and statutory interpretation, dynamic arguments point to the beneficial effects on legislative behavior that will result if "judges" or "courts" adopt a particular approach to interpretation. ... -
The June Surprises: Balls, Strikes, and the Fog of War
(Duke University, 2013)At first, few constitutional experts took seriously the argument that the Patient Protection and Affordable Care Act exceeded Congress's power under the commerce clause. The highly political opinions of two federal district ... -
Juries and the Political Economy of Legal Origin
(San Diego [etc.] Academic Press, 2007)Legal origin has been brought forward as a key influence on modern finance, because common law institutions protect investors better than do civil law institutions, it is claimed. These institutional differences are said, ... -
Jurisdiction-Stripping Reconsidered
(Virginia Law Review Association, 2010)The literature exploring Congress’s power to “strip” jurisdiction from the federal courts has focused too narrowly on the text and original understanding of Article III. Even when analysis can profitably begin there, it ...