Browsing HLS Scholarly Articles by Title
Now showing items 1564-1583 of 1913
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Situationist Torts
(2008) -
A Skeptical Attitude About Product Liability is Justified: A Reply to Professors Goldberg and Zipursky
(Harvard University, Harvard Law School, 2010)In The Uneasy Case for Product Liability, we maintained that the benefits of product liability are likely to be less than its costs for many products, especially widely sold ones. Our article was intended to alter the ... -
A Skeptical View of "Property Rights" Legislation
(The Berkeley Electronic Press, 2011) -
The Slippery Slope of Judicial Intervention: The Supreme Court and Canadian Labour Relations 1950-1970
(Osgoode Hall Law School of York University, 1971) -
The Small-C Constitution Circa 1925
(University of Miami School of Law, 2010) -
Social and Economic Rights? Lessons from South Africa
(2001)Do social and economic rights belong in a democratic constitution? Skeptics have wondered whether it is possible to constitutionalize such rights without imposing an untenable managerial responsibility on courts. In an ... -
Social Capital and the Formal Legal System: Evidence from Prefecture-Level Data in Japan
(Harvard John M. Olin Center for Law, Economics, and Business, 2014)Verifiable proxies for social capital potentially provide an empirically tractable way to identify environments where social norms both constrain behavior and substitute for judicial enforcement. Using regression and factor ... -
Social Meaning and Social Norms
(University of Pennsylvania, 1996) -
Social Norms and Social Roles
(Columbia Law School, 2014-09-22)This essay challenges some widely held understandings about rationality and choice, and uses that challenge to develop some conclusions about the appropriate domain of law. In particular, it suggests that many well-known ... -
Social Norms in the Ancient Athenian Courts
(Oxford University Press (OUP), 2013-08-02)Ancient Athens was a remarkably peaceful and well-ordered society by both ancient and contemporary standards. Scholars typically attribute Athens’ success to internalized norms and purely informal enforcement mechanisms. ... -
Social Norms in the Courts of Ancient Athens
(Harvard Univesrity Press, 2006)Ancient Athens was a remarkably peaceful and well-ordered society by both ancient and contemporary standards. Scholars typically attribute Athens’ success to internalized norms and purely informal enforcement mechanisms. ... -
Socioeconomic rights in constitutional law: Explaining America away
(Oxford University Press, 2008)The apparent absence of a commitment to socioeconomic rights in United States constitutional law gives rise to continuing debate. It is unclear that this omission has any bearing on the actual performance of American ... -
Soft Law: Lessons from Congressional Practice
(Stanford Law School, 2008)Soft law consists of rules issued by lawmaking bodies that do not comply with procedural formalities necessary to give the rules legal status yet nonetheless influence the behavior of other lawmaking bodies and of the ... -
The Solicitor General’s Office, Tradition, and Conviction
(Fordham Law Review, 2013) -
A Solution Hiding in Plain Sight: Special Education and Better Outcomes for Students with Social, Emotional and Behavioral Challenges
(Fordham University School of Law, 2013)This Article will contribute to the ongoing dialogue about special education and the IDEA in two ways. First, it will describe patterns that have emerged from our work with individual children and families that shed light ... -
Solving the Patent Settlement Puzzle
(The University of Texas, 2012)Courts and commentators are sharply divided about how to assess reverse payment patent settlements under antitrust law. The essential problem is that a PTO-issued patent provides only a probabilistic indication that ... -
Solving the Problem of New Uses
(Mich. St. L. Rev., 2014)One of the most dramatic public-policy failures in biomedical research is the lack of incentives for industry to develop new therapeutic uses (“indications”) for existing drugs once generics are available. Policymakers and ... -
Some Caution about Property Rights as a Recipe for Economic Development
(Berkeley Electronic Press, 2011)Choices about the meaning and allocation of property rights pose the sorts of policy questions familiar to economists thinking about development policy. If we are seeking economic growth of this or that sort, who should ...