Browsing HLS Scholarly Articles by Title
Now showing items 1684-1703 of 1913
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Termination Risk and Agency Problems: Evidence from the NBA
(2015)When organizational structures and contractual arrangements face agents with a significant risk of termination in the short term, such agents may under-invest in projects whose results would be realized only in the long ... -
Territorial Discrimination, Equal Protection, and Self-Determination
(University of Pennsylvania, 1987) -
Territoriality in Search of Principles and Revenue: Camp and Enzi
(Tax Analysts and Advocates, 2013)This article reviews proposals by House Ways and Means Committee Chairman Camp and Senator Mike Enzi to shift the United States from its current system of deferring taxation of active foreign income to a system that would ... -
Testimony Before the Senate Committee on Environment and Public Works, June 27, 1995
(1996)I am here to testify about the bearing of the Constitution, and particularly the Fifth Amendment's requirement ofjust compensation for takings of private property for public use, on proposed "property rights" legislation. -
Testing Minimalism: A Reply
(Michigan Law Review, 2005)Some judges are less ambitious than others; they have minimalist tendencies. Minimalists are unambitious along two dimensions. First, they seek to rule narrowly rather than broadly. In a single case, they do not wish to ... -
Texas Unconvincing in Clean Air Suit
(Environmental Law Institute, 2012) -
The case for facilitating competing tender offers
(Harvard University, Harvard Law School, 1982) -
The Science of Fake News
The rise of fake news highlights the erosion of long-standing institutional bulwarks against misinformation in the internet age. Concern over the problem is global. However, much remains unknown regarding the vulnerabilities ... -
Theories and Tropes: A Reply to Posner and Kelman
(Stanford Law School, 1998) -
Theory and Practice in Statutory Interpretation
(The School of Law, Texas Tech University, 2011) -
A Theory of Utilization Review
(De Gruyter, 2007)Through utilization review (UR), managed care organizations (MCOs) monitor and alter physician treatment decisions. We show that the value of UR depends on physician incentives. Not surprisingly, when physicians have ... -
"There Have to Be Four"
(University of Maryland, 2005) -
There Is Nothing that Interpretation Just Is
(2014)Some people believe that the very idea of interpretation requires judges to adopt a particular method for interpreting the Constitution. The problem with this view is that in constitutional law, the general idea of ... -
Things that We Would Like to Take for Granted: Minimum Standards for the Legal Framework of a Free and Democratic Society
(2008)We live in an age that glorifies the free market, small government and freedom of contract. Regulations are viewed as interferences with liberty and mandatory terms in contracts are derided as paternalistic interferences ... -
Those Japanese Firms with Their Disdain for Shareholders: Another Fable for the Academy
(1996)We begin in Section II by discussing the modem theory of path dependence. In Section III, we trace the ties between that theory and the orthodox understanding of how Japanese firms behave. Then in Section IV, we report ... -
Thoughts on the Liberal Dilemma in Child Welfare Reform
(College of William and Mary, 2015)This article presents a critique of the self-styled liberal group that has dominated child welfare policy in recent decades, arguing that the group’s policy goals unduly favor parent over child interests, and that its ... -
Threats Without Binding Commitment
(Berkeley Electronic Press, 2002)This paper explores the power of threats in the absence of binding commitment. The threatener cannot commit to carry out the threat if the victim refuses payment, and cannot commit not to carry out the threat if payment ...