Mostrando recursos 1 - 20 de 132

  1. 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...

  2. 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,...

  3. 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....

  4. 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...

  5. Reflections on the hope poster case

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

  6. 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...

  7. The Jurisprudence of Justice Marshall

    Fisher, William W.

  8. 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...

  9. Legal Theory And Legal Education, 1920–2000

    Fisher, William W.

  10. 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...

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

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

  12. Geospatial analysis of emergency department visits for targeting community-based responses to the opioid epidemic

    Dworkis, Daniel A.; Taylor, Lauren A.; Peak, David A.; Bearnot, Benjamin
    The opioid epidemic in the United States carries significant morbidity and mortality and requires a coordinated response among emergency providers, outpatient providers, public health departments, and communities. Anecdotally, providers across the spectrum of care at Massachusetts General Hospital (MGH) in Boston, MA have noticed that Charlestown, a community in northeast Boston, has been particularly impacted by the opioid epidemic and needs both emergency and longer-term resources. We hypothesized that geospatial analysis of the home addresses of patients presenting to the MGH emergency department (ED) with opioid-related emergencies might identify “hot spots” of opioid-related healthcare needs within Charlestown that could then...

  13. Food is Prevention The Case for Integrating Food and Nutrition Interventions into Healthcare

    Downer, Sarah Elizabeth; Greenwald, Robert; Broad Leib, Emily Michele; Wittkop, Kellen Nicole; Hayashi, Kristen; Leonce, Marissa Lianne; Mallory, Morgan Mallory

  14. Food Is Medicine Opportunities in Public and Private Health Care for Supporting Nutritional Counseling and Medically-Tailored, Home-Delivered Meals

    Ellwood, Malinda; Downer, Sarah Elizabeth; Leib, Emily Broad; Greenwald, Robert; Farthing-Nichol, Duncan; Luk, Eusebius; Mendle, Adrienne

  15. The Unbearable Lightness of Tea Leaves: Constitutional Political Economy in Court

    Michelman, Frank Isaac
    This paper addresses the latest iteration by Joseph Fishkin and William Forbath of their project on the “Anti-Oligarchy Constitution,” sometimes also called by them the “Constitution of Opportunity.” Fishkin and Forbath seek a restoration to American constitutional debates of recognition of the pursuit of republican-compatible distributions of wealth, status, power, and opportunity as a committed guiding norm for the conduct of American government. Professor Forbath (recalling words of Jedediah Purdy) has described the project as one that is more concerned with “growing tea” than “reading tea leaves.” Growing tea means working in public communicative channels where the Constitution figures symbolically...

  16. Securities Litigation and the Housing Market Downturn

    Ferrell, Frank A.; Saha, Atanu
    This paper addresses one of the key issues – the foreseeability of the housing market downturn that began in September of 2007 and intensified in the fourth quarter of 2007 – that must be addressed in assessing the extensive securities class action litigation that has been filed against financial institutions (and others) seeking to recover damages for investor losses arising out of the credit market crisis. We begin our analysis of this issue by first discussing the legal centrality of this issue to much of this litigation. We then turn to answer the question of when the housing market downturn...

  17. Capital Markets and Financial Politics: Preferences and Institutions

    Roe, Mark J.
    For capital markets to function, political institutions must support capitalism in general and the capitalism of financial markets in particular. Yet capital markets’ shape, support, and extent are often contested in the polity. Powerful elements — from politicians to mass popular movements — have reason to change, co-opt, and remove value from capital markets. And players in capital markets have reason to seek rules that favor their own capital channels over those of others. How these contests are settled deeply affects the form, the extent, and the effectiveness of capital markets. And investigation of the primary political economy forces shaping...

  18. Bottom-Feeding at the Bar: Usury Law and Value-Dissipating Attorneys in Japan

    Ramseyer, J. Mark
    Critics have long complained that lawyers dissipate value. Some do, of course. Some legal work dissipates more value than others, and the lawyers who focus on the most notorious rent-seeking sectors extract a heavy toll in the U.S. Whether lawyers choose to focus on value-dissipating or value-enhancing work depends on the institutional structure in place, and the American legal system apparently generates high returns to value-dissipating work. The Japanese legal system traditionally holds down such returns, and Japanese attorneys have invested much less in those sectors. In 2006, the Japanese Supreme Court unilaterally invented an entirely new field of rent-seeking:...

  19. Experimental analysis of the effect of standards on compliance and performance

    Boussalis, Constantine; Feldman, Yuval; Smith, Henry Edward
    Laws can be written along a spectrum of specificity, ranging from vague standards to more detailed rules with particular examples. Behavioral and legal scholarship each present conflicting views about the optimal degree of specificity with which laws should be designed. From a behavioral standpoint, specificity is important to help people understand their goals and use their cognitive resources in a focused manner. At the same time, ambiguity in the law can even encourage good people to engage in creative interpretations of legal requirements, allowing them to justify unethical behavior, with limited awareness of the meaning of that behavior. By contrast,...

  20. A Fundamental Enforcement Cost Advantage of the Negligence Rule over Regulation

    Shavell, Steven
    Regulation and the negligence rule are both designed to obtain compliance with desired standards of behavior, but they differ in a primary respect: compliance with regulation is ordinarily assessed independently of the occurrence of harm, whereas compliance with the negligence rule is evaluated only if harm occurs. It is shown in a stylized model that because the use of the negligence rule is triggered by harm, the rule enjoys an intrinsic enforcement cost advantage over regulation. Moreover, this advantage suggests that the examination of behavior under the negligence rule should tend to be more detailed than under regulation (as it...

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