Browsing HLS Scholarly Articles by Title

Now showing items 410-429 of 1913

    • Derivatives Markets in Bankruptcy 

      Roe, Mark J. (Harvard Law School, 2012)
      By treating derivatives and financial repurchase agreements much more favorably than it treats other financial vehicles, American bankruptcy law subsidizes these arrangements relative to other financing channels. By ...

    • Derivatives Trading and Negative Voting 

      Spamann, Holger (John M. Olin Center for Law, Economics, and Business, 2012)
      This paper exposits a model of parallel trading of corporate securities (shares, bonds) and derivatives in which a large trader can sometimes profitably acquire securities with their corporate control rights for the sole ...

    • Design Copyright: The Latest Judicial Hint 

      Hemphill, C. Scott; Suk, Jeannie Chi Young (eSapience, 2013)
      Earlier this year, in an important copyright ruling, the Supreme Court dropped a puzzling clue about copyright for designs that merits examination. In an opinion authored by Justice Breyer, the Court's foremost copyright ...

    • Designing a 21st Century Corporate Tax — An Advance U.S. Minimum Tax on Foreign Income and Other Measures to Protect the Base 

      Shay, Stephen E.; Fleming, J. Clifton, Jr.; Peroni, Robert J. (Tax Analysts, 2015)
      The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This Article continues our exploration of second-best international tax reforms that would protect the U.S. corporate tax base ...

    • Designing a U.S. Exemption System For Foreign Income When the Treasury is Empty 

      Fleming, J. Clfton, Jr.; Peroni, Robert J.; Shay, Stephen E. (Tax Analysts, 2012)
      The U.S. government faces a well-documented long-term revenue shortage that is unlikely to be cured by government expenditure reductions. Thus, it is curious that there is currently considerable pressure for the United ...

    • Despite Preemption: Making Labor Law in Cities and States 

      Sachs, Benjamin Ian (Harvard University, Harvard Law School, 2011)
      The preemption regime grounded in the National Labor Relations Act (NLRA) is understood to preclude state and local innovation in the field of labor law. Yet preemption doctrine has not put an end to state and local labor ...

    • Deterring Murder: A Reply 

      Sunstein, Cass Robert; Vermeule, Cornelius Adrian (Stanford Law School, 2006)

    • The Devil's Daughter of Hell Fire: Anger's Role in Medieval English Felony Cases 

      Kamali, Elizabeth (Cambridge University Press (CUP), 2016-12-12)
      During the period at issue in this paper–the thirteenth and fourteenth centuries, when trial juries were first employed in English felony cases–felonious homicide was a catch-all category, with no formal distinction drawn ...

    • Dialogic Judicial Review 

      Tushnet, Mark V. (Arkansas Law Review and Bar Association Journal, inc., 2008)

    • Dialogue, Discourse, and Debate: Introducing the Harvard National Security Journal 

      Minow, Martha Louise (Harvard Law School, 2010)

    • Did Reform of Prudent Trust Investment Laws Change Trust Portfolio Allocation? 

      Sitkoff, Robert H (University of Chicago Press, 2007)
      This paper investigates the effect of changes in state prudent trust investment laws on asset allocation in noncommercial trusts. The old prudent-man rule favored "safe" investments and disfavored "speculation" in stock. ...

    • Differential Response: A Dangerous Experiment in Child Welfare 

      Bartholet, Elizabeth (2014-08-06)
      Differential Response (DR) represents the most important child welfare initiative of the day, with DR programs rapidly expanding throughout the country. It would radically change our child welfare system, diverting the ...

    • Digital Identity Interoperability and eInnovation 

      Palfrey, John; Gasser, Urs (2009-03-24)
      This paper, one of three case studies in a transatlantic research project exploring the connection between Information and Communication Technology interoperability and eInnovation, considers the current state and possible ...

    • Digitally Connected: Global Perspectives on Youth and Digital Media 

      Gasser, Urs; Cortesi, Sandra C. (Berkman Center for Internet & Society, 2015)
      Reflecting on the 25th anniversaries of the invention of the World Wide Web by Sir Tim Berners-Lee and the adoption of the Convention on Rights of the Child by the US General Assembly, the Berkman Center for Internet & ...

    • Direct versus Communications-Based Prohibitions on Price Fixing 

      Kaplow, Louis (Oxford University Press, 2011)
      This article compares two policies toward coordinated oligopolistic price elevation. Most commentators endorse the view that the law should (and does) prohibit only those price elevations produced by certain sorts of ...

    • Directions for International Tax Reform:, Hearing Before the U.S. Senate Committee on Finance, Hearing on International Tax Reform 

      Shay, Stephen E. (2017)
      Testimony before the U.S. Senate Committee on Finance Hearing on International Tax Reform, October 3, 2017. Objectives for Tax Reform Tax reform should maintain or enhance our tax system’s current level of progressivity ...

    • Director Liability 

      Bebchuk, Lucian Arye; Strine, Leo E. Jr.; Bachelder, Joseph; Campos, Roel; Georgiou, Byron; Hevesi, Alan; Lerach, William; Mendelsohn, Robert; Monks, Robert; Myerson, Toby; Olson, John; Wilcox, John (Delaware Law School of Widener College, 2006)
      This article contains the edited transcript of a forum on personal liability of directors held at Harvard Law School in November 2005. Eleven panelists offer their diverse views and perspectives on this subject. The ...

    • Disability Cause Lawyers 

      Waterstone, Michael E.; Stein, Michael Ashley; Wilkins, David B. (2012)
      There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no ...

    • The Disciplines of International Law and Policy 

      Kennedy, David W. (Cambridge University Press (CUP), 1999)
      This article considers the idea that the professional and intellectual disciplines which have developed in the United States to advance insight into international affairs also have characteristic blind spots and biases ...

    • The Disclosure Function of the Patent System (or Lack Thereof) 

      Roin, Benjamin N. (Harvard University, Harvard Law School, 2005)