Browsing HLS Scholarly Articles by Title
Now showing items 667-686 of 1913
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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 ... -
Hacks of Valor: Why Anonymous Is Not a Threat to National Security
(Council on Foreign Relations, 2012)The U.S. government has begun to think of Anonymous, the online network phenomenon, as a threat to national security. This is the wrong approach. Seeing Anonymous primarily as a cybersecurity threat is like analyzing the ... -
The Hague Convention: Pros, Cons and Potential
(Cambridge Scholars Publishing, 2013)This revised speech describes the Hague Convention’s significance both in terms of the law on the books and the law on the ground. The Convention’s language advanced child rights in international law to the protection of ... -
Halting Pig in the Parlor Patents: Nuisance Law as a Tool to Redress Crop Contamination
(American Bar Association, 2010)The legal discourse regarding the problem of crop contamination caused by stray genetically modified (GM) traits generally centers around two remedies: the reduction in patent protection afforded to subsequent generations ... -
Hands-Off Options
(Vanderbilt Law School, 2008)Executives' use of inside information and price manipulation to boost their trading profits hurts public investors. Each extra dollar pocketed by managers comes at the expense of public shareholders. This Article suggests ... -
Hard Defamation Cases
(1984) -
Harris v. New York: Some Anxious Observations on the Candor and Logic of the Emerging Nixon Majority
(Yale Law School, 1971)