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Harvard Law School, Public Law & Legal Theory Research Paper Series
333,577 Total downloads | Link to this page | Subscribe to this eJournal (requires login)

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Showing Papers 1 - 50 of 591
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Incl. Electronic Paper Wrongful Fusion: Equity and Tort
Forthcoming, Equity and Law: Fusion and Fission, John C.P. Goldberg, Peter Turner & Henry E. Smith, eds., Cambridge University Press
John C. P. Goldberg and Henry E. Smith
Harvard Law School and Harvard Law School
Date Posted: May 05, 2017
Accepted Paper Series
68 downloads

Incl. Electronic Paper Personhood Seeking New Life with Republican Control
Indiana Law Journal, Forthcoming, Harvard Public Law Working Paper No. 17-12, Mississippi College School of Law Research Paper No. 2017-04
Jonathan F. Will, I. Glenn Cohen and Eli Y Adashi
Mississippi College - School of Law, Harvard Law School and Brown University Medical School
Date Posted: April 25, 2017
Last Revised: May 19, 2017
Accepted Paper Series
62 downloads

Incl. Electronic Paper Boundedly Rational Patients? Health and Patient Mistakes in a Behavioral Framework
Ada C. Stefanescu Schmidt, Ami Bhatt and Cass R. Sunstein
Massachusetts General Hospital, MGH and Harvard Law School
Date Posted: April 25, 2017
Working Paper Series
303 downloads

Incl. Electronic Paper Optimal Multistage Adjudication
Forthcoming, Journal of Law, Economics, & Organization (2017), Harvard Law School John M. Olin Center Discussion Paper No. 904, Harvard Public Law Working Paper No. 17-11
Louis Kaplow
Harvard Law School
Date Posted: April 24, 2017
Last Revised: May 19, 2017
Working Paper Series
26 downloads

Incl. Electronic Paper A World-Wide Consensus on Nudging? Not Quite, But Almost
Regulation and Governance, Forthcoming
Cass R. Sunstein, Lucia A. Reisch and Julius Rauber
Harvard Law School, Copenhagen Business School - Department of Management, Society and Communication and Zeppelin University
Date Posted: April 20, 2017
Working Paper Series
211 downloads

Incl. Electronic Paper The Second Bill of Rights: A Reconsideration
Samuel Moyn
Harvard University
Date Posted: April 14, 2017
Last Revised: May 07, 2017
Working Paper Series
404 downloads

Incl. Electronic Paper 'Better Off, as Judged by Themselves': A Comment on Evaluating Nudges
International Review of Economics, Forthcoming
Cass R. Sunstein
Harvard Law School
Date Posted: April 11, 2017
Working Paper Series
229 downloads

Incl. Electronic Paper The Law Presidents Make
Virginia Law Review, Forthcoming, Harvard Public Law Working Paper No. 17-10
Daphna Renan
Harvard Law School
Date Posted: April 08, 2017
Last Revised: May 19, 2017
Accepted Paper Series
198 downloads

Incl. Electronic Paper The Next Generation of Transportation Policy
Michael Greenstone, Cass R. Sunstein and Sam Ori
University of Chicago - Department of Economics, Harvard Law School and University of Chicago - Energy Policy Institute
Date Posted: April 04, 2017
Working Paper Series
58 downloads

Incl. Electronic Paper Criminal Employment Law
Cardozo Law Review, Forthcoming, Harvard Public Law Working Paper No. 17-05
Benjamin Levin
Harvard Law School
Date Posted: April 03, 2017
Last Revised: May 15, 2017
Accepted Paper Series
192 downloads

Incl. Electronic Paper Understanding the Japanese Keiretsu: Overlaps between Corporate Governance and Industrial Organization
Yale Law Journal, Vol. 102, No. 4, 1993, Stanford Law and Economics Olin Working Paper, Harvard Public Law Working Paper
Ronald J. Gilson and Mark J. Roe
Stanford Law School and Harvard Law School
Date Posted: March 29, 2017
Accepted Paper Series
26 downloads

Incl. Electronic Paper Subrogation and the Theory of Insurance When Suits Can Be Brought for Losses Suffered
Stanford Law and Economics Olin Working Paper No. 506, Harvard Public Law Working Paper No. 17-04
A. Mitchell Polinsky and Steven Shavell
Stanford Law School and Harvard Law School
Date Posted: March 29, 2017
Last Revised: April 05, 2017
Working Paper Series
69 downloads

Incl. Electronic Paper Proportionality and 'Deference' in Contemporary Constitutional Thought
Harvard Public Law Working Paper No. 17-09
Duncan Kennedy
Harvard Law School
Date Posted: March 16, 2017
Last Revised: May 19, 2017
Working Paper Series
196 downloads

Incl. Electronic Paper Moral Commitments in Cost-Benefit Analysis
University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 802, U of Chicago, Public Law Working Paper No. 620
Eric A. Posner and Cass R. Sunstein
University of Chicago - Law School and Harvard Law School
Date Posted: March 10, 2017
Working Paper Series
454 downloads

Incl. Electronic Paper Changing Climate Change, 2009-2016
Harvard Environmental Law Review, Forthcoming
Cass R. Sunstein
Harvard Law School
Date Posted: March 07, 2017
Working Paper Series
242 downloads

Incl. Electronic Paper Are Reactors Like Casinos? A Culture of Dependency in Japan
University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 798, Harvard Public Law Working Paper No. 17-08
J. Mark Ramseyer
Harvard Law School
Date Posted: March 04, 2017
Last Revised: May 19, 2017
Working Paper Series
28 downloads

Incl. Electronic Paper Open Data Privacy
Berkman Klein Center Research Publication No. 2017-1, Harvard Public Law Working Paper No. 17-07
Ben Green, Gabe Cunningham, Ariel Ekblaw, Paul Kominers, Andrew Linzer and Susan P. Crawford
Harvard University - Berkman Klein Center for Internet & Society, Harvard Business School, Independent, Independent, Independent and Harvard University - Berkman Center for Internet & Society
Date Posted: March 02, 2017
Last Revised: May 19, 2017
Working Paper Series
81 downloads

Incl. Electronic Paper Indefinite War: Unsettled International Law on the End of Armed Conflict
Harvard Law School Program on International Law and Armed Conflict, Legal Briefing, February 2017, Harvard Public Law Working Paper No. 17-16
Dustin A. Lewis, Gabriella Blum and Naz K. Modirzadeh
Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), Harvard Law School and HLS Program on International Law and Armed Conflict
Date Posted: February 27, 2017
Last Revised: May 25, 2017
Accepted Paper Series
134 downloads

Incl. Electronic Paper Behavioral Insights All Over the World? Public Attitudes Toward Nudging in a Multi-Country Study
Cass R. Sunstein, Lucia A. Reisch and Julius Rauber
Harvard Law School, Copenhagen Business School - Department of Management, Society and Communication and Zeppelin University
Date Posted: February 21, 2017
Last Revised: May 04, 2017
Working Paper Series
305 downloads

Incl. Electronic Paper Are Sleepy Punishers Really Harsh Punishers?: Comment
Harvard Law School John M. Olin Center Discussion Paper No. 898, Harvard Public Law Working Paper No. 17-15
Holger Spamann
Harvard Law School
Date Posted: February 17, 2017
Last Revised: May 25, 2017
Working Paper Series
70 downloads

Incl. Electronic Paper Drawing False Inferences from Mandated Disclosures
Harvard Public Law Working Paper No. 17-06
Oren Bar-Gill, David Schkade and Cass R. Sunstein
Harvard Law School, University of California, San Diego and Harvard Law School
Date Posted: February 10, 2017
Last Revised: May 19, 2017
Working Paper Series
160 downloads

Incl. Electronic Paper The Resolution of Distressed Financial Conglomerates
Russell Sage Foundation Journal of the Social Sciences, Vol. 3, Issue 1, 2017, Harvard Public Law Working Paper No. 17-14
Howell E. Jackson and Stephanie Massman
Harvard Law School and affiliation not provided to SSRN
Date Posted: February 07, 2017
Last Revised: May 25, 2017
Working Paper Series
176 downloads

Incl. Electronic Paper Controlling the Long-Term Problems of Short-Term Funding
Harvard Public Law Working Paper No. 17-13
Hal S. Scott and Brian A. Johnson
Harvard Law School and Harvard Law School
Date Posted: February 03, 2017
Last Revised: May 25, 2017
Working Paper Series
41 downloads

Incl. Electronic Paper Sperm Donor Anonymity and Compensation: An Experiment with American Sperm Donors
Journal of Law and the Biosciences, P. 1-21, 2016, DOI: 10.1093/jlb/lsw052, 2016, Harvard Public Law Working Paper No. 17-03
I. Glenn Cohen, Travis G. Coan, Michelle Ottey and Christina Boyd
Harvard Law School, Harvard Law School, Fairfax Cryobank Inc and Fertility Center of San Antonio
Date Posted: November 30, 2016
Last Revised: April 05, 2017
Accepted Paper Series
62 downloads

Incl. Electronic Paper Bureaucracy and Distrust: Landis, Jaffe and Kagan on the Administrative State
Harvard Law Review, 2017, Forthcoming, Harvard Public Law Working Paper No. 17-02
Adrian Vermeule
Harvard Law School
Date Posted: November 02, 2016
Last Revised: April 05, 2017
Accepted Paper Series
465 downloads

Incl. Electronic Paper Jan Deutsch: An Appreciation
Harvard Public Law Working Paper No. 16-42
Mark Tushnet
Harvard Law School
Date Posted: August 26, 2016
Last Revised: December 14, 2016
Working Paper Series
94 downloads

Incl. Electronic Paper Medical Assistance in Dying and 'Suicide Tourism' to Canada: Bill C-14 from a Comparative Perspective
Journal of Ethics in Mental Health, 2016, Harvard Public Law Working Paper No. 16-44
Konstanin Tretyakov and I. Glenn Cohen
Harvard University, Law School, Students and Harvard Law School
Date Posted: August 23, 2016
Last Revised: December 13, 2016
Accepted Paper Series
177 downloads

Incl. Electronic Paper Financial Advisers Can't Overlook the Prudent Investor Rule
Journal of Financial Planning (August 2016), Northwestern Law & Econ Research Paper No. 16-14, Harvard Public Law Working Paper No. 17-01
Max M. Schanzenbach and Robert H. Sitkoff
Northwestern University - Pritzker School of Law and Harvard Law School
Date Posted: August 09, 2016
Last Revised: April 05, 2017
Accepted Paper Series
258 downloads

Incl. Electronic Paper Three Essays on Proportionality Doctrine
Harvard Public Law Working Paper No. 16-43
Mark Tushnet
Harvard Law School
Date Posted: August 06, 2016
Last Revised: December 14, 2016
Working Paper Series
249 downloads

Incl. Electronic Paper The Ghost of the Declaration Present: The Legal Force of the Declaration of Independence Regarding Acts of Congress
Southern California Law Review, Vol. 89, No. 3, 2016, Harvard Public Law Working Paper No. 16-45
Frank I. Michelman
Harvard Law School
Date Posted: July 15, 2016
Last Revised: December 13, 2016
Accepted Paper Series
40 downloads

Incl. Electronic Paper Notes on Some Aspects of the Taxonomy of 'Generations' of Rights
Harvard Public Law Working Paper No. 16-46
Mark Tushnet
Harvard Law School
Date Posted: July 11, 2016
Last Revised: December 13, 2016
Working Paper Series
179 downloads

Incl. Electronic Paper Religion and Reproductive Technology
Law, Religion, and Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen, Elizabeth Sepper eds, 2017 Forthcoming), Harvard Public Law Working Paper No. 16-47
I. Glenn Cohen
Harvard Law School
Date Posted: June 26, 2016
Last Revised: December 13, 2016
Accepted Paper Series
150 downloads

Incl. Electronic Paper Fiduciary Financial Advice to Retirement Savers: Don't Overlook the Prudent Investor Rule
Harvard John M. Olin Center for Law, Economics, and Business, Discussion Paper No. 867, 2016, Northwestern Law & Econ Research Paper No. 16-11, Harvard Public Law Working Paper No. 16-48
Max M. Schanzenbach and Robert H. Sitkoff
Northwestern University - Pritzker School of Law and Harvard Law School
Date Posted: June 15, 2016
Last Revised: December 13, 2016
Working Paper Series
407 downloads

Incl. Electronic Paper Values and Assumptions in Criminal Adjudication
Harvard Law Review Forum (2016), Harvard Public Law Working Paper No. 16-41
Benjamin Levin
Harvard Law School
Date Posted: June 13, 2016
Last Revised: June 23, 2016
Accepted Paper Series
93 downloads

Incl. Electronic Paper Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court
100 Minn. L. Rev. 1985 (2016), Harvard Public Law Working Paper, No. 16-40
Andrew Manuel Crespo
Harvard Law School
Date Posted: June 12, 2016
Last Revised: June 24, 2016
Accepted Paper Series
446 downloads

Incl. Electronic Paper Systemic Facts: Toward Institutional Awareness in Criminal Courts
129 Harv. L. Rev. 2049, 2016, Harvard Public Law Working Paper No. 16-39
Andrew Manuel Crespo
Harvard Law School
Date Posted: June 12, 2016
Last Revised: June 23, 2016
Accepted Paper Series
99 downloads

Incl. Electronic Paper The Fourth Amendment as Administrative Governance
Stanford Law Review, Vol. 68, No. 5, 2016, Harvard Public Law Working Paper No. 16-38
Daphna Renan
Harvard Law School
Date Posted: June 09, 2016
Last Revised: June 24, 2016
Accepted Paper Series
137 downloads

Incl. Electronic Paper The Unbearable Lightness of Tea Leaves: Constitutional Political Economy in Court
Texas Law Review, vol. 94, no. 7 (2016) , Harvard Public Law Working Paper No. 16-30
Frank I. Michelman
Harvard Law School
Date Posted: May 31, 2016
Last Revised: May 18, 2017
Accepted Paper Series
99 downloads

Incl. Electronic Paper The FISC's Stealth Administrative Law
in Global Intelligence Oversight: Governing Security in the Twenty-First Century (Oxford University Press, 2016) , Harvard Public Law Working Paper No. 16-37
Daphna Renan
Harvard Law School
Date Posted: May 31, 2016
Last Revised: June 23, 2016
Accepted Paper Series
53 downloads

Incl. Electronic Paper Pooling Powers
Columbia Law Review, Vol. 115, No. 2, 2015, Harvard Public Law Working Paper No. 16-22
Daphna Renan
Harvard Law School
Date Posted: May 31, 2016
Last Revised: June 07, 2016
Accepted Paper Series
75 downloads

Incl. Electronic Paper Proportionality Outside the Courts (With Special Reference to Popular and Political Constitutionalism)
Vicki Jackson & Mark Tushnet, eds., Proportionality: New Frontiers, New Challenges (Cambridge University Press, Forthcoming), Harvard Public Law Working Paper No. 16-29
Frank I. Michelman
Harvard Law School
Date Posted: May 26, 2016
Last Revised: June 09, 2016
Accepted Paper Series
94 downloads

Incl. Electronic Paper Legitimacy, the Social Turn, and Constitutional Review: What Political Liberalism Suggests
Critical Quarterly for Legislation and Law, No. 3, 2015, Harvard Public Law Working Paper No. 16-28
Frank I. Michelman
Harvard Law School
Date Posted: May 25, 2016
Last Revised: June 07, 2016
Accepted Paper Series
163 downloads

Incl. Electronic Paper Fusing the Equitable Function in Private Law
Forthcoming, Private Law in the 21st Century, Kit Barker, Karen Fairweather, and Ross Grantham eds., Oxford: Hart, Harvard Public Law Working Paper No. 16-27
Henry E. Smith
Harvard Law School
Date Posted: May 25, 2016
Last Revised: June 07, 2016
Accepted Paper Series
221 downloads

Incl. Electronic Paper Integration of Corporate and Shareholder Taxes
National Tax Journal, Forthcoming, Yale Law & Economics Research Paper No. 540, Columbia Law and Economics Working Paper No. 541, Harvard Public Law Working Paper No. 16-36
Michael J. Graetz and Alvin C. Warren Jr.
Columbia Law School and Harvard Law School
Date Posted: May 16, 2016
Last Revised: June 24, 2016
Accepted Paper Series
444 downloads

Incl. Electronic Paper The 'China, Inc.' Challenge to Global Trade Governance
Harvard International Law Journal, Vol. 57, 1001-1063 (2016), Harvard Public Law Working Paper No. 16-35
Mark Wu
Harvard Law School
Date Posted: May 15, 2016
Last Revised: October 22, 2016
Accepted Paper Series
504 downloads

Incl. Electronic Paper Financial Regulation: Law and Policy, Chapter 1.1 - Finance Today
Financial Regulation: Law and Policy, Foundation Press, May 2016, U of Michigan Law & Econ Research Paper No. 16-014, U of Michigan Public Law Research Paper No. 507, Harvard Public Law Working Paper No. 16-34
Michael S. Barr, Howell E. Jackson and Margaret E. Tahyar
University of Michigan Law School, Harvard Law School and Davis Polk & Wardwell LLP
Date Posted: May 15, 2016
Last Revised: June 23, 2016
Accepted Paper Series
318 downloads

Incl. Electronic Paper One Last Word on the Blackstone Principle
102 Virginia Law Review Online 34 (2016), Harvard Public Law Working Paper No. 16-33
Daniel Epps
Washington University in St. Louis - School of Law
Date Posted: May 04, 2016
Last Revised: June 23, 2016
Accepted Paper Series
101 downloads

Incl. Electronic Paper The Myths of Macpherson
9 Journal of Tort Law (2016, Forthcoming), Fordham Law Legal Studies Research Paper No. 2770725, Harvard Public Law Working Paper No. 16-32
John C. P. Goldberg and Benjamin C. Zipursky
Harvard Law School and Fordham University School of Law
Date Posted: April 27, 2016
Last Revised: June 23, 2016
Working Paper Series
194 downloads

Incl. Electronic Paper Triangular Torts and Fiduciary Duties
in Andrew Gold & Paul B. Miller, Contract, Status and Fiduciary Law (2016, Forthcoming), Fordham Law Legal Studies Research Paper No. 2770722, Harvard Public Law Working Paper No. 16-31
John C. P. Goldberg and Benjamin C. Zipursky
Harvard Law School and Fordham University School of Law
Date Posted: April 27, 2016
Last Revised: June 23, 2016
Working Paper Series
179 downloads

Incl. Electronic Paper The Coverage/Protection Distinction in the Law of Freedom of Speech – An Essay on Meta-Doctrine in Constitutional Law
Harvard Public Law Working Paper No. 16-26
Mark Tushnet
Harvard Law School
Date Posted: April 27, 2016
Last Revised: June 07, 2016
Working Paper Series
146 downloads


 

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