Browsing HLS Scholarly Articles by Title
Now showing items 1301-1320 of 1913
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The Precautionary Principle as a Basis for Decision Making
(Economists' Voice, 2005)Over the coming decades, the increasingly popular “precautionary principle” is likely to have a significant impact on policies all over the world. Applying this principle could lead to dramatic changes in decision making. ... -
Precontractual Reliance
(University of Chicago Press, 2001)During contractual negotiation, parties often make (reliance) expenditures that would increase the surplus should a contract be made. This paper analyzes decisions to invest in pre-contractual reliance under alternative ... -
Predictably Incoherent Judgments
(The Law School of the University of Chicago, 2001)When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is ... -
Predicting Court Outcomes through Political Preferences: The Japanese Supreme Court and the Chaos of 1993
(Duke University School of Law, 2009)Empiricists routinely explain politically sensitive decisions of the U.S. federal courts through the party of the executive or legislature appointing the judge. That they can do so reflects the fundamental independence of ... -
Preemption and Textualism
(Michigan Law Review, 2013)In the critically important area of preemption, the Supreme Court's approach to statutory interpretation differs from the approach it follows elsewhere. Whether in politically salient matters, like challenges to Arizona's ... -
Preface to Responses: Dynamism, Not Just Diversity
(2007)Remaking institutions of higher education so that women succeed and lead is an example of the kind of aspiration that requires new thinking as well as motivation and hard work. Generated by the innovative scholarship of ... -
Preface: Meaningful Reciprocity -- In Honor of Clare Dalton
(Brooklyn Law School, 2012) -
Pregnancy and AIDS
(University of Maryland, 1993) -
Preparing for a Twenty-Four-Month Sprint: A Primer for Prospective and New Elected Members of the United Nations Security Council,
(Harvard Law School Program on International Law and Armed Conflict, 2020-12)Under the United Nations Charter, the U.N. Security Council has several important functions and powers, not least with regard to taking binding actions to maintain international peace and security. The ten elected members ... -
Presentation
(2011) -
The President's Completion Power
(Yale Law School, 2006)This Essay identifies and analyzes the President's completion power: the President's authority to prescribe incidental details needed to carry into execution a legislative scheme, even in the absence of congressional ... -
The President's Completion Power
(Yale Law School, 2006)This Essay identifies and analyzes the President's completion power: the President's authority to prescribe incidental details needed to carry into execution a legislative scheme, even in the absence of congressional ... -
Presidential Combat Against Climate Change
(Harvard University, Harvard Law School, 2013) -
Pretrial Bargaining and the Design of Fee-Shifting Rules
(RAND, 1994)Legal rules for allocating the private costs of civil litigation, or ''fee-shifting'' rules, provide powerful incentives for settlement. Within the context of a direct-revelation mechanism, the fee-shifting rule that ... -
Price Caps in Multi-Price Markets
(2015)Many consumer markets feature a multi-dimensional price. A policymaker – a legislator, a regulator or a court – concerned about the level of one price dimension may decide to cap this price. How will such a price cap affect ... -
The Price of Public Action: Constitutional Doctrine and the Judicial Manipulation of Legislative Enactment Costs
(Yale Law School, 2008)This Article argues that courts can, and often should, implement constitutional guarantees by crafting doctrines that raise the costs to government decisionmakers of enacting constitutionally problematic policies. This ... -
Primary Goods, Capabilities, or ... Well-Being?
(Duke University Press, 2007)Theories of distributive justice and of the aggregate social good typically require a method of assessing each individual's situation. Among the common measures are primary goods, capabilities, and well-being. This article ... -
Primitive Legal Scholarship.
(Harvard University, Harvard Law School, 1986)