Mostrando recursos 1 - 20 de 141

  1. Is Cost-Benefit Analysis a Foreign Language

    Sunstein, Cass Robert
    Do people think better in a foreign language? In some ways, yes. There is considerable evidence to this effect, at least to the extent that they are less likely to rely on intuitions that can lead to serious errors. This finding reinforces, and makes more plausible, a central claim in regulatory policy, which involves the value of cost-benefit analysis. In a sense, cost-benefit analysis is a foreign language, and it reduces the risk that people will rely on intuitions that cause serious errors. (Do people think better in a foreign language? D'une certaine façon, oui. Il existe des preuves considérables à...

  2. Review of Apology to Utopia: The Structure of International Legal Argument, by Martti Koskenniemi

    Kennedy, David W.

  3. Review of Apology to Utopia: The Structure of International Legal Argument, by Martti Koskenniemi

    Kennedy, David W.

  4. New Approaches to Comparative Law: Comparativism and International Governance

    Kennedy, David W.

  5. New Approaches to Comparative Law: Comparativism and International Governance

    Kennedy, David W.

  6. Book Review: Review of The Right of Conquest: The Acquisition of Territory by Force in International Law Practice, by Sharon Korman

    Kennedy, David W.

  7. Book Review: Review of The Right of Conquest: The Acquisition of Territory by Force in International Law Practice, by Sharon Korman

    Kennedy, David W.

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

    Shay, Stephen E.
    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 in distributing tax burdens and benefits. The most significant social welfare fact today is that the income of middle and lower income workers has stagnated in recent decades and a disproportionate share of income growth has accrued to those with highest incomes—the top 1%. While we have recovered from the recession and middle and lower income workers have made some gains, the disparity between high-income and middle- and...

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

    Shay, Stephen E.
    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 in distributing tax burdens and benefits. The most significant social welfare fact today is that the income of middle and lower income workers has stagnated in recent decades and a disproportionate share of income growth has accrued to those with highest incomes—the top 1%. While we have recovered from the recession and middle and lower income workers have made some gains, the disparity between high-income and middle- and...

  10. Fairness For All Students Under Title IX

    Bartholet, Elizabeth; Gertner, Nancy; Halley, Janet E.; Gersen, Jeannie Suk
    Four feminist law professors at Harvard Law School have called on the U.S. Department of Education to revise the previous Administration’s policies on sexual harassment and sexual assault on campus. In a memo submitted to the Education Department yesterday, they set out an agenda of fairness for all students, accusers and accused. In recent years the Education Department has pressured colleges and universities to adopt overbroad definitions of wrongdoing that are unfair to both men and women, and to set up procedures for handling complaints that are deeply skewed against the accused and also unfair to accusers. Janet Halley and Jeannie...

  11. Assessing BEPS: Origins, Standards, and Responses

    Shay, Stephen E.; Christians, Allison
    The G20/OECD’s multi-year campaign to combat base erosion and profit shifting (BEPS) marks a critical step in the evolution of the international tax regime and the roles of institutions that guide it. This General Report for Subject 1, IFA Congress 2017, provides a snapshot of the outcomes of the BEPS project by comparing national responses to key mandates, recommendations and best practices through the end of October, 2016 based on National Reports representing the perspectives of 48 countries. These National Reports reveal that the impact of the BEPS initiative on a particular country corresponds to at least three key factors,...

  12. Armed Non-State Actors and International Human Rights Law: An Analysis of the Practice of the U.N. Security Council and U.N. General Assembly

    Burniske, Jessica; Modirzadeh, Naz Khatoon; Lewis, Dustin Andrew
    Several significant legal, policy, and practical concerns are at issue in whether armed non-state actors (ANSAs) will ultimately be recognized—by all relevant institutions and actors—as bearing human-rights obligations in general under international law in a manner previously reserved primarily for states. In considering this set of issues, it is important to clarify what obligations, if any, the United Nations (U.N.) Security Council and the U.N. General Assembly recognize ANSAs as possessing under IHRL. This June 2017 Briefing Report with Annexes provides an overview of research conducted by HLS PILAC concerning modalities in which the U.N. Security Council and the U.N....

  13. Making the Case for a National Food Strategy in the United States

    Broad Leib, Emily Michele; Beyranevand, Laurie J.
    Presently, in the United States there is a fair amount of speculation regarding the future of food and agricultural laws and policies, given the recent election of a new president. Based on campaign rhetoric and comments since the election, the next four-to-eight years could signal a dramatic shift in a variety of food policy areas, including specific provisions of the Farm Bill, incentives for local food systems and organic farmers, and conservation on farms. Additionally, the new Administration has been exceedingly vocal about immigration reform, which will have significant impacts on the food and farming sectors. 

 The concept of a national...

  14. Reflections on the hope poster case

    Fisher, William W.; Cost, Frank; Fairey, Shepard; Feder, Meir

  15. Ideology, Religion, and the Constitutional Protection of Private Property, 1760-1860

    Fisher, William W.
    In several recent essays, legal scholars have examined the impact of popular ideologies on the substance and early interpretation of the original federal and state constitutions. 1 This Article seeks to refine that body of literature in three ways. First, drawing on work by social and intellectual historians, it argues that the political outlooks in general circulation in British North America during the Revolutionary and post-Revolutionary periods were more numerous -- and the relationships among them more complex -- than the bulk of the literature suggests. Second, it contends that the content and relative strength of those outlooks were affected...

  16. The Jurisprudence of Justice Marshall

    Fisher, William W.

  17. Reconstructing the Fair Use Doctrine

    Fisher, William W.
    The fair use doctrine, codified at 17 U. S. C. § 107, permits a court to excuse a putatively infringing use of copyrighted material when the circumstances surrounding the use make it "fair." In this Article, Professor Fisher criticizes the doctrine - and in particular the changes wrought by two recent Supreme Court decisions - and considers how it might be improved. The most serious of the many problems with current fair use jurisprudence, he maintains, is that it rests on considerations derived from four disparate philosophic traditions; this incoherent foundation makes the application of the doctrine unpredictable and aggravates...

  18. Legal Theory And Legal Education, 1920–2000

    Fisher, William W.

  19. A Spatial Representation of Delaware-Washington Interaction in Corporate Lawmaking

    Roe, Mark J.
    Delaware and Washington interact in making corporate law. In prior work I showed how Delaware corporate law can be, and often is, confined by federal action. Sometimes Washington acts and preempts the field, constitutionally or functionally. Sometimes Delaware tilts toward or follows Washington opinion, even if that opinion does not square perfectly with its own consensus view of the best way to proceed. And sometimes Delaware affects Washington activity, effectively coopting a busy Washington from acting in ways that do not accord with Delaware’s major constituents’ view of best practice. Delaware influences Washington decision-making when Delaware is positioned between its...

  20. The Settlement Conference as a Dispute Resolution option in Special Education

    Gregory, Michael John; Erlichman, Reece; St. Florian, Alisia

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