Browsing HLS Scholarly Articles by Title
Now showing items 1417-1436 of 1910
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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) -
Remembering Ronald Dworkin
(The Republic Pub. Co., 2013) -
Remix and Cultural Production
(Stanford Law School, 2009) -
Removal Reform: A Solution for Federal Question Jurisdiction, Forum Shopping, and Duplicative State-Federal Litigation
(Indiana University School of Law, 2013)Federal court procedural, especially jurisdictional ones, need to be governed by clear, effective, and fair rules. Yet twentieth century doctrines and reforms, even when made in the name of pragmatism, have produced decidedly ... -
Repeat Performances and Learning by Transfer
(Spokane, WA : The Institute, 2012) -
A Reply to Baker and Balkin
(TU Law Digital Commons, 2003) -
A Reply to Professor Hasen
(Harvard University, Harvard Law School, 2012) -
A Reply to Professors Cain and Charles
(California Law Review Inc., 2014)This Reply follows the responses of Professor Bruce Cain and Professor Guy-Uriel Charles to Professor Lessig’s essay "What an Originalist Would Understand 'Corruption' to Mean," 102 Calif. L. Rev. 1 (2014).