Browsing HLS Scholarly Articles by Title
Now showing items 619-638 of 1913
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Forty Years without a Win
(Environmental Law Institute, 2010) -
The Founding Revisited
(Harvard University, Harvard Law School, 2011)Pauline Maier’s Ratification is one of the best books ever written about the American Founding. The publication of twenty-one volumes of the Documentary History of the Ratification of the American Constitution has enabled ... -
Four Failures of Deliberating Groups
(2008)Many groups make their decisions through some process of deliberation, usually with the belief that deliberation will improve judgments and predictions. But deliberating groups often fail, in the sense that they make ... -
Four New Policies, Four Rejections
(Environmental Law Institute, 2008) -
The Fourth Quadrant
(2010)Jonathan Zittrain, The Fourth Quadrant, 78 Fordham Law Review 2767 (2010). -
The Fragmentation of Standing
(The University of Texas, 2015)The application of the doctrine of standing has become less and less predictable since the Supreme Court’s adoption of a tripartite test for standing in the 1970s. Professor Fallon analyzes the Court’s decisions in standing ... -
Free at Last: Rejecting Equal Sovereignty and Restoring the Constitutional Right to Vote: Shelby County v. Holder
(Harvard University, Harvard Law School, 2014)The "equal sovereignty" principle the Supreme Court majority relied on in Shelby County v. Holder to strike down the coverage formula in Section 4 of the Voting Rights Act is rooted in the jurisprudence of slavery. In the ... -
A Free Irresponsible Press: Wikileaks and the Battle Over the Soul of the Networked Fourth Estate
(Harvard University, Harvard Law School, 2011) -
Free Trade and the Protection of Public Morals
(Yale Law School, 2008) -
Freedom in the Commons: Towards a Political Economy of Information
(Duke University School of Law, 2003) -
Freedom: The Holberg Lecture, 2018
(2018)If people have freedom of choice, do their lives go better? Under what conditions? By what criteria? Consider three distinct problems. (1) In countless situations, human beings face a serious problem of “navigability”; ... -
From "Rites" to "Rights": The Decline of the Criminal Jury Trial
(2012)In Representing Justice, Judith Resnik and Dennis Curtis highlight - indeed, speak movingly - of the shift from the "pageantry and spectacle ('rites') entailed in Renaissance adjudication," to the "entitlements ('rights') ... -
From 'Separate is Inherently Unequal' to 'Diversity is Good for Business': The Rise of Market-Based Diversity Arguments and the Fate of the Black Corporate Bar
(The Harvard Law Review Association, 2004) -
From Blood to Profit: The Transformation of Value in the American Constitutional Tradition
(Pennsylvania State University, 2008) -
From Class Actions to Miss Saigon: The Concept of Representation in the Law
(1991)The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded ... -
From Consumers to Users: Shifting the Deeper Structures of Regulation Toward Sustainable Commons and User Access
(Indiana University School of Law-Bloomington, 2000) -
From Consumers to Users: Shifting the Deeper Structures of Regulation Towards Sustainable Commons and User Access
(UCLA School of Law and the Federal Communications Bar Association, 2000)