Browsing HLS Scholarly Articles by Title

Now showing items 1334-1353 of 1913

    • Problems with Rules 

      Sunstein, Cass Robert (California Law Review Inc., 1995)

    • Proceedings of the International Symposium on the International Legal Order 

      Kennedy, David W. (Cambridge University Press (CUP), 2003)
      That the international system has changed dramatically in the years since the end of the Cold War has become a commonplace. But which changes are most profound, and what is their significance for international legal order? ...

    • Process and Property in Constitutional Theory 

      Michelman, Frank Isaac (EngagedScholarship@CSU, 1981)
      Could property be a "process right?" "Property" does denote, among other things, a class or cluster of legal rights. In appropriate contexts, it plainly means a class or cluster of constitutional rights. But could the ...

    • Product Safety, Buybacks and the Post-Sale Duty to Warn 

      Spier, Kathryn E. (Yale University Press, 2011)
      A manufacturer learns a product's risks after it has been sold and distributed to consumers. When held strictly liable for product-related injuries, the manufacturer offers to repurchase the product when the risk exceeds ...

    • Products Liability and Product Safety: Japan and the U.S. 

      Ramseyer, J. Mark (John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2012)
      Consumers in wealthy countries like the U.S. and Japan usually know what they want, and how to obtain it. In such markets, the sellers who thrive should tend to be those who offer consumers the level of safety they want ...

    • Products Liability Through Private Ordering: Notes on a Japanese Experiment 

      Ramseyer, J. Mark (University of Pennsylvania, 1996)
      Any justification of strict products liability faces a problem: why should the law impose on private contracts made in competitive product markets what is effectively a mandatory insurance contract? Proponents of the current ...

    • Professors and Politics 

      Sunstein, Cass Robert (University of Pennsylvania, 1999)

    • Profit for Costs 

      Rubenstein, William Bruce; Ratner, Morris (De Paul University School of Law, 2014)
      Courts reward attorneys for investing time in class action lawsuits more generously than they reward them for investing money in the costs of those suits. Class counsel may directly profit on time investments in two ways: ...

    • Progressive Constitutionalism: What is "It"? 

      Tushnet, Mark V. (Ohio State University, College of Law, 2011)

    • The Promise of Prediction Markets 

      Sunstein, Cass Robert; Arrow, Kenneth (American Association for the Advancement of Science, 2008)
      The ability of groups of people to make predictions is a potent research tool that should be freed of unnecessary government restrictions.

    • Promoting Criminal Justice Reform through Legal Scholarship: Toward a Taxonomy 

      Steiker, Carol S. (2007)

    • Proof of Discriminatory Intent under Title VII: United States Postal Service Board of Governors v. Aikens 

      Bartholet, Elizabeth (1982)

    • "A Proper Objective": Constitutional Commitment and Educational Opportunity after Bolling v. Sharpe and Parents Involved in Community Schools 

      Minow, Martha Louise (Howard Law School, 2012)
      “Segregation in public education is not reasonably related to any proper governmental objective, and thus it imposes on Negro children of the District of Columbia a burden that constitutes an arbitrary deprivation of their ...

    • Property as a Constitutional Right 

      Michelman, Frank Isaac (1981)

    • Property as the Law of Democracy 

      Singer, Joseph William (Duke Law School, 2014)
      In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revitalized property law theory by emphasizing the architectural role that property plays in private law and the ways in which ...

    • Property as the Law of Things 

      Smith, Henry Edward (Harvard University, Harvard Law School, 2012)
      The New Private Law takes seriously the need for baselines in general and the traditional ones furnished by the law in particular. One such baseline is the “things” of property. The bundle of rights picture popularized by ...

    • The Property Clause Question 

      Michelman, Frank Isaac (Wiley-Blackwell, 2012)
      A “property clause” is a dedicated text in the written basic law of a constitutional-democratic state, addressing the question of the security of asset-holdings (and of their values to their owners) against impairment by ...

    • Property Law and the Mortgage Crisis: Libertarian Fantasies and Subprime Realities 

      Singer, Joseph William (Thomson Reuters (Professional) Australia, 2011)
      Libertarian thinking is on the rise in the United States, but libertarians wrongly characterise regulation as a deprivation of both freedom and property rights and an inefficient interference with the free market. While ...

    • Property Law Conflicts 

      Singer, Joseph William (Washburn University of Topeka, 2014)
      What law applies to real property? At one time the answer to this question was simple: the law of the situs. But then the choice-of-law revolution came and legal scholars began to see reasons to depart from the situs law ...

    • Property Rights and Liability Rules: The Ex Ante View of the Cathedral 

      Bebchuk, Lucian Arye (Michigan Law Review, 2001)
      Beginning with Calabresi's and Melamed's seminal article, economic analysis of property rights and liability rules has been largely done from an ex post perspective, taking as given the presence of the parties involved and ...