Browsing HLS Scholarly Articles by Title
Now showing items 1410-1429 of 1910
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Regulating Bankers' Pay
(Georgetown University Law Center, 2010)This paper seeks to make three contributions to understanding how banks’ executive pay has produced incentives for excessive risk-taking and how such pay should be reformed. First, although there is now wide recognition ... -
Regulating Internalities
(Association for Public Policy Analysis and Management, 2015)This paper offers a framework for regulating internalities. Using a simple economic model, we provide four principles for designing and evaluating behaviorally-motivated policy. We then outline rules for determining which ... -
Regulating Political Risks
(TU Law Digital Commons, 2011)This is a response to Bruce Ackerman’s Tanner Lectures, “The Decline and Fall of the American Republic,” delivered at Princeton University on April 7-9, 2010. I suggest a framework for clarifying and evaluating Ackerman’s ... -
Regulating Risks after ATA
(2001)Whitman v. American Trucking Association was one of the most eagerly awaited regulatory decisions in many years. But the Court’s understated, steady, lawyerly opinion was a bit of an anticlimax, representing a return to ... -
Regulating Search Engines: Taking Stock And Looking Ahead
(2006)Since the creation of the first pre-Web Internet search engines in the early 1990s, search engines have become almost as important as email as a primary online activity. Arguably, search engines are among the most important ... -
Regulation as Delegation
(2015)In diverse areas – from retirement savings, to fuel economy, to prescription drugs, to consumer credit, to food and beverage consumption – government makes personal decisions for us or helps us make what it sees as better ... -
Regulation in a Multisectored Financial Services Industry: An Exploratory Essay
(1999)This Article reviews differences in regulatory structure across sectors of the financial services industry in the United States and then explores the difficulties these differences pose to our current system of regulation ... -
The Regulatory Lookback
(2014)Technocratic judgments can have a “cooling function.” An insistent focus on the facts, and on the likely consequences of policies, might soften political divisions and produce consensus. Within the federal government, ... -
Regulatory Quality Under Imperfect Oversight
(Cambridge University Press, 2007)We analyze the positive and normative implications of regulatory oversight when the policymaking agency can improve the quality of regulation through effort, but only some kinds of effort are observable by the overseer, ... -
Regulatory Review for the States
(2014)For over thirty years, Republican and Democratic presidents have required executive agencies to assess the costs and benefits of significant regulations, and to proceed only if the benefits justify the costs (to the extent ... -
Rehabilitating Jefferson Parish: Why Ties Without a Substantial Foreclosure Share Should Not Be Per Se Legal
(Harvard John M. Olin Center for Law, Economics, and Business, 2014)Current tying law uses a bifurcated rule of reason, condemning ties that have either tying market power or a substantial tied foreclosure share, absent an offsetting procompetitive justification. Many critics of tying law ... -
Reinhardt at Work
(Yale Law School, 2010)This Tribute essay explores Judge Stephen Reinhardt’s labor and employment jurisprudence, arguing that the jurisprudence is defined by a consistent substantive vision of what labor and employment law intends to accomplish ... -
The “Relationship Premium”: Should Cost- Benefit Analysis Include the Value of Human Connections?
(Environmental Law Institute, 2018-05)People care enormously about what happens to those with whom they are close. Nonetheless, standard cost- benefit analyses usually measure only direct impacts on individuals, as well as sometimes the abstract preferences ... -
Religion and the Burden of Proof: Posner's Economics and Pragmatism in Metzl v. Leininger
(Harvard Law School, 2007) -
Religious Freedom--A Second-Class Right?
(Emory Law Journal, 2012) -
Remaking Constitutional Tradition at the Margin of the Empire: The Creation of Legislative Adjudication in Colonial New York
(Cambridge University Press, 1998)In 1750, Archibald Kennedy condemned New York's legislators for their radical constitutional innovation. “They take upon themselves to be the sole judges,” he stormed, and “‘insist… that no order for publick money shall ... -
Remembering 'TM'
(1993)This Occasional Paper is devoted to reflections on Justice Thurgood Marshall, who died on January 24, 1993. The following articles were written by University of Chicago Law School faculty who served as law clerks to Justice ... -
Remembering Mathew Tobriner
(California Law Review Inc., 1982)