Browsing HLS Scholarly Articles by Title
Now showing items 662-681 of 1914
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Goals vs. Deadlines : Notes on the VA Disability Claims Backlog
(University of Massachusetts School of Law, 2015)Drawing primarily on policy considerations, social science research, and the relevant statutory and doctrinal frameworks within veterans benefits law, this article argues that Congress should subject the U.S. Department ... -
Good Government, Core Liberties, and Constitutional Property: An Essay for Joe Singer
(William and Mary Law School, 2016)Joseph Singer’s recent writings on regulation and takings turn my mind once again to questions I have broached previously in this Journal about the point of American constitutional protections for property. Immediately, ... -
The Good Occupation? Law in the Allied Occupation of Japan
(2009)They left Japan in shambles. By the time they surrendered in 1945, Japan’s military leaders had slashed industrial production to 1930 levels. Not so with the American occupiers. By the time they left in 1952, they had ... -
Governance of Online Intermediaries: Observations from a Series of National Case Studies
(Berkman Center for Internet & Society, 2015)Online intermediaries in various forms – including search engines, social media, or app platforms – play a constitutive role in today’s digital environment. They have become a new type of powerful institution in the 21st ... -
Governing the Tele-Semicommons
(2005)The Telecommunications Act of J996 divides entitlements to network elements between incumbents and recent entrants. This Article analyzes this mandatory sharing regime as a semicommons, a property regime which combines ... -
Governing Water: The Semicommons of Fluid Property Rights
(2008)This Article applies an information-cost theory of property to water law. Because of its fluidity, exclusion is difficult in the case of water and gives way to rule of proper use, i.e., governance regimes. Looking at water ... -
The Government Can't, May, or Must Fund Religious Schools: Three Riddles of Constitutional Change for Laurence Tribe
(University of Tulsa College of Law, 2006)Three linked puzzles arise with the constitutionality of public funding private schools - where the funding scheme excludes religious schools: how can the demands of both the Establishment and Free Exercise clause be ... -
Government Control of Information
(California Law Review Inc., 1986) -
Government Policy and Labor Supply with Myopic or Targeted Savings Decisions
(University of Chicago Press, 2015)A central justification for social insurance and for other policies aimed at retirement savings is that individuals may fail to make adequate provision during their working years. Much research has focused on myopia and ... -
Government Relief for Risk Associated with Government Action
(Wiley-Blackwell, 1992)A significant source of risk arises from uncertainty concerning future government policy. Government action - tax reform, deregulation, judicial decisions, budgetary shifts - produces gains and losses for those who invested ... -
Governments and Cloud Computing: Roles, Approaches, and Policy Considerations
(Berkman Center for Internet & Society, 2014)Governments from Bogota to Beijing are engaging with emerging cloud computing technologies and its industry in a variety of overlapping contexts. Based on a review of a representative number of advanced cloud computing ... -
The Great Attributional Divide: How Divergent Views of Human Behavior are Shaping Legal Policy
(2008)This article, the first of a multipart series, argues that a major rift runs across many of our major policy debates based on our attributional tendencies: the less accurate dispositionist approach, which explains outcomes ... -
Group Judgments: Deliberation, Statistical Means, and Information Markets
(The New York University Law Review, 2005)How can groups elicit and aggregate the information held by their individual members? There are three possibilities. Groups might use the statistical mean of individual judgments; they might encourage deliberation; or they ... -
The Growth of Executive Pay
(Oxford University Press (OUP), 2005)This paper examines both empirically and theoretically the growth of US executive pay during the period 1993–2003. During this period, pay has grown much beyond the increase that could be explained by changes in firm size, ... -
Guiding Principles for Picking Parents
(2004)This paper looks at our new technological ability to determine genetic paternity, in the context of legal and social developments related to the family, and tries to come up with some guidelines for figuring out how to ... -
Guilty Pleasures
(University of Chicago Law School and Gifford Combs, 2015) -
Habeas Corpus Jurisdiction, Substantive Rights, and the War on Terror
(Harvard University, Harvard Law School, 2007)This Article provides a broad-lens, synoptic perspective on war-on-terrorism questions arising within the habeas corpus jurisdiction of the federal courts. Analytically, it develops a clear framework for sorting out the ...