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Harvard Law School, Public Law & Legal Theory Research Paper Series

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Viewing: 1 - 50 of 688 papers

2.

Political-Liberal Legitimacy and the Question of Judicial Restraint

Number of pages: 25 Posted: 11 Jan 2019
Working Paper Series
Harvard Law School
Downloads 46
3.

High Crimes Without Law

132 Harv. L. Rev. F. 59 (2018)
Number of pages: 19 Posted: 02 Jan 2019
Accepted Paper Series
Harvard Law School
Downloads 39
4.

The Misguided Attack on Common Ownership

Number of pages: 11 Posted: 11 Dec 2018 Last Revised: 20 Dec 2018
Working Paper Series
Harvard Law School and Boston University - School of Law
Downloads 203
5.

Case Studies in Atypical Advertising Regulation

Advertising & Marketing Law: Cases and Materials, Fourth Edition, Summer, 2018, Santa Clara Univ. Legal Studies Research Paper
Number of pages: 87 Posted: 25 Oct 2018
Accepted Paper Series
Harvard Law School and Santa Clara University - School of Law
Downloads 45
6.

Making Directed Trusts Work: The Uniform Directed Trust Act

44 ACTEC Law Journal 1 (2018, Forthcoming), Yale Law & Economics Research Paper No. 601
Number of pages: 52 Posted: 18 Oct 2018 Last Revised: 06 Nov 2018
Accepted Paper Series
Yale Law School and Harvard Law School
Downloads 84
7.

The New Uniform Directed Trust Act Paves the Way for Creative and Thoughtful Divided Trusteeship

52 Annual Heckerling Institute on Estate Planning (Tina Portando, ed., 2018, Forthcoming) , Yale Law & Economics Research Paper No. 600
Number of pages: 18 Posted: 18 Oct 2018 Last Revised: 06 Nov 2018
Accepted Paper Series
Yale Law School and Harvard Law School
Downloads 71
8.

Book Review: The Framers' Coup: The Making of the United States Constitution. By Michael J. Klarman. Oxford University Press, 2016. Pp. xii 865.

Constitutional Commentary 33 (2018): 109-28
Number of pages: 20 Posted: 16 Oct 2018
Accepted Paper Series
Harvard Law School
Downloads 87
9.

‘Constitution (Written or Unwritten)’: Legitimacy and Legality in the Thought of John Rawls

Forthcoming in Ratio Juris (2018)
Number of pages: 23 Posted: 15 Oct 2018
Working Paper Series
Harvard Law School
Downloads 106
10.

Featuring People in Ads (2018 Edition)

Advertising & Marketing Law: Cases and Materials, Fourth Edition, Summer 2018, Santa Clara Univ. Legal Studies Research Paper
Number of pages: 89 Posted: 08 Oct 2018
Accepted Paper Series
Santa Clara University - School of Law and Harvard Law School
Downloads 110
11.

The Future of Corporate Governance Part I: The Problem of Twelve

Number of pages: 23 Posted: 03 Oct 2018
Working Paper Series
Harvard Law School
Downloads 1,191
12.

Indian Nations and the Constitution

70 Me. L. Rev. 199 (2018)
Number of pages: 13 Posted: 07 Sep 2018
Accepted Paper Series
Harvard Law School
Downloads 58
13.

The Law and Economics of Environmental, Social, and Governance Investing by a Fiduciary

Northwestern Law & Econ Research Paper No. 18-22
Number of pages: 57 Posted: 06 Sep 2018 Last Revised: 09 Jan 2019
Working Paper Series
Downloads 359
14.

Powering Preemptive Rights with Presubscription Disclosure

Chapter in Luca Enriques and Tobias H. Tröger, eds., The Law and Finance of Related Party Transactions (Cambridge University Press, Forthcoming)., European Corporate Governance Institute (ECGI) - Law Working Paper No. 418/2018,
Number of pages: 31 Posted: 06 Sep 2018 Last Revised: 25 Sep 2018
Working Paper Series
Harvard Law School
Downloads 60
15.

Supra-Modern State Laws

Number of pages: 6 Posted: 16 Aug 2018
Working Paper Series
Deakin University
Downloads 6
16.

The Publius Paradox

Forthcoming, Modern Law Review, Harvard Public Law Working Paper No. 18-50
Number of pages: 26 Posted: 08 Aug 2018 Last Revised: 08 Dec 2018
Working Paper Series
Harvard Law School
Downloads 285
17.

Strange New Music: The Monetary Composition Made by the Enlightenment Quartet

Harvard Public Law Working Paper No. 18-49
Number of pages: 50 Posted: 08 Aug 2018 Last Revised: 08 Dec 2018
Working Paper Series
Harvard Law School
Downloads 44
18.

Fulfilling U.S. Commitment to Refugee Resettlement: Protecting Refugees, Preserving National Security & Building the U.S. Economy Through Refugee Admissions, a Report of the Syrian Refugee Resettlement Project, an Initiative of the Harvard Immigration and Refugee Clinical Program

5 Tex. A&M L. Rev. 155 (2018), Harvard Public Law Working Paper No. 18-47
Number of pages: 83 Posted: 30 Jul 2018 Last Revised: 08 Dec 2018
Accepted Paper Series
Harvard Law School and Harvard University
Downloads 42
19.

Fourth Amendment Moralism

University of Pennsylvania Law Review, Vol. 166, 2018, Harvard Public Law Working Paper No. 18-48
Number of pages: 77 Posted: 06 Jul 2018 Last Revised: 08 Dec 2018
Accepted Paper Series
Harvard Law School
Downloads 59
20.

Convergence and Divergence in Systems of Property Law: Theoretical and Empirical Analyses

Southern California Law Review, Vol. 92, No. 4, 2019
Number of pages: 28 Posted: 28 Jun 2018 Last Revised: 12 Dec 2018
Accepted Paper Series
Academia Sinica - Institutum Iurisprudentiae (IIAS) and Harvard Law School
Downloads 37
21.

Consumer Protection

The Economic Approach to Law (Uriel Procaccia ed.), 2012, Harvard Public Law Working Paper No. 18-42
Number of pages: 49 Posted: 27 Jun 2018 Last Revised: 08 Dec 2018
Accepted Paper Series
Victoria University of Wellington and Harvard Law School
Downloads 173
22.

Does Intellectual Property Need Human Rights?

New York University Journal of International Law and Politics (JILP), Vol. 50, No. 1, 2018, Harvard Public Law Working Paper No. 18-46
Number of pages: 47 Posted: 26 Jun 2018 Last Revised: 08 Dec 2018
Accepted Paper Series
Harvard Law School
Downloads 142
23.

Impeachment As Punishment

Harvard Law & Policy Review, Vol. 13, No. 1, 2019, Forthcoming, Harvard Public Law Working Paper No. 18-37
Number of pages: 16 Posted: 25 Jun 2018 Last Revised: 09 Nov 2018
Accepted Paper Series
Harvard Law School
Downloads 112
24.

The Hidden Law of Plea Bargaining

Columbia Law Review, Vol. 118, No. 5, 2018, Harvard Public Law Working Paper No. 18-43
Number of pages: 122 Posted: 25 Jun 2018 Last Revised: 08 Dec 2018
Accepted Paper Series
Harvard Law School
Downloads 430
25.

Product Safety, Contracts, and Liability

Harvard Public Law Working Paper No. 18-36
Number of pages: 40 Posted: 24 Jun 2018 Last Revised: 07 Nov 2018
Working Paper Series
Hong Kong University of Science & Technology (HKUST) - Department of Economics and Harvard University - Law School - Faculty
Downloads 69
26.

On the Invention of Identity Politics: The Buraku Outcastes in Japan

Harvard Public Law Working Paper No. 18-45
Number of pages: 72 Posted: 20 Jun 2018 Last Revised: 08 Dec 2018
Working Paper Series
Harvard Law School
Downloads 43
27.

Heuristics and Public Policy: Decision Making Under Bounded Rationality

Number of pages: 83 Posted: 20 Jun 2018 Last Revised: 05 Jul 2018
Working Paper Series
University of Leicester, University of Leicester - Department of Economics and Harvard Law School
Downloads 923
28.

A Plan for Reforming Federal Pleading, Discovery, and Pretrial Merits Review

Vanderbilt Law Review, Forthcoming, Harvard Public Law Working Paper No. 18-34
Number of pages: 56 Posted: 19 Jun 2018 Last Revised: 07 Nov 2018
Accepted Paper Series
Harvard Law School, Independent, Independent and Independent
Downloads 38
29.

Other Fiduciary Duties: Implementing Loyalty and Care

Oxford Handbook of Fiduciary Law (Evan Criddle, Paul Miller, and Robert H. Sitkoff, eds., 2019 Forthcoming) , Harvard John M. Olin Center for Law, Economics, and Business, Discussion Paper No. 962, 6/2018
Number of pages: 18 Posted: 18 Jun 2018 Last Revised: 22 Jun 2018
Accepted Paper Series
Harvard Law School
Downloads 76
30.

Freedom of Disposition in American Succession Law

Freedom of Testation and its Limits (Antoni Vaquer, ed., 2018), Harvard Public Law Working Paper No. 18-44
Number of pages: 24 Posted: 18 Jun 2018 Last Revised: 08 Dec 2018
Accepted Paper Series
Harvard Law School
Downloads 114
31.

Algorithmic Price Discrimination: When Demand Is a Function of Both Preferences and (Mis)Perceptions

Forthcoming, University of Chicago Law Review, Vol. 86, The Harvard John M. Olin Discussion Paper Series, No. 05/2018, Harvard Public Law Working Paper No. 18-32
Number of pages: 32 Posted: 14 Jun 2018 Last Revised: 07 Nov 2018
Accepted Paper Series
Harvard Law School
Downloads 319
32.

Trusting Nudges? Lessons from an International Survey

Cass R. Sunstein, Lucia A. Reisch & Micha Kaiser (2018) Trusting nudges? Lessons from an international survey, Journal of European Public Policy, DOI: 10.1080/13501763.2018.1531912 , Harvard Public Law Working Paper No. 18-35
Posted: 13 Jun 2018 Last Revised: 07 Nov 2018
Accepted Paper Series
Harvard Law School, Copenhagen Business School - Department of Management, Society and Communication and University of Hohenheim
33.

Benjamin Cardozo and the Death of the Common Law

34 Touro L. Rev. 147 (2018), Harvard Public Law Working Paper No. 18-40
Number of pages: 13 Posted: 13 Jun 2018 Last Revised: 08 Dec 2018
Working Paper Series
Harvard Law School
Downloads 258
34.

The Rationale for Motions in the Design of Adjudication

Forthcoming, American Law and Economics Review, Harvard John M. Olin Center for Law, Economics and Business, Discussion Paper No. 955, May 2018, Harvard Public Law Working Paper No. 18-31
Number of pages: 49 Posted: 12 Jun 2018 Last Revised: 07 Nov 2018
Working Paper Series
Harvard Law School

Multiple version iconThere are 2 versions of this paper

Downloads 36
35.

The Welfare Effects of Information

Journal of Risk and Uncertainty, Forthcoming, Harvard Public Law Working Paper No. 18-41
Number of pages: 32 Posted: 11 Jun 2018 Last Revised: 08 Dec 2018
Accepted Paper Series
Harvard Law School
Downloads 507
36.

Cheap-Stock Tunneling Around Preemptive Rights

European Corporate Governance Institute (ECGI) - Law Working Paper No. 408/2018, Harvard Public Law Working Paper No. 18-33
Number of pages: 39 Posted: 11 Jun 2018 Last Revised: 07 Nov 2018
Working Paper Series
Harvard Law School and Harvard Law School
Downloads 175
37.

The Assumptions Underlying England's Adoption of Trial by Jury for Crime

Travis Baker, ed., Law and Society in Later Medieval England and Ireland: Essays in Honour of Paul Brand (New York: Routledge, 2018), 51-81, Harvard Public Law Working Paper No. 18-39
Number of pages: 28 Posted: 29 May 2018 Last Revised: 08 Dec 2018
Accepted Paper Series
Harvard Law School and University of Michigan Law School
Downloads 174
38.

How Much Would You Pay to Use Facebook? A Behavioral Perspective

Harvard Public Law Working Paper No. 18-30
Number of pages: 8 Posted: 29 May 2018 Last Revised: 07 Nov 2018
Working Paper Series
Harvard Law School
Downloads 273
39.

From Riggs v. Palmer to Shelley v. Kraemer: The Continuing Significance of the Law-Equity Distinction

Philosophical Foundations of the Law of Equity (Dennis Klimchuk, Irit Samet & Henry Smith eds., Oxford Univ. Press 2018 Forthcoming), Harvard Public Law Working Paper No. 18-29
Number of pages: 29 Posted: 24 May 2018 Last Revised: 07 Nov 2018
Working Paper Series
Harvard Law School and Fordham University School of Law
Downloads 107
40.

Circumvention Medical Tourism and Cutting Edge Medicine: The Case of Mitochondrial Replacement Therapy (The George P. Smith Lecture)

25 Indiana Journal of Global Legal Studies 439 (2018)
Number of pages: 24 Posted: 24 May 2018
Accepted Paper Series
Harvard Law School
Downloads 53
41.

On the Human Right to Health: Statistical Lives, Contingent Persons, and Other Difficult Questions

Human Rights, Democracy, and Legitimacy in a World of Disorder (Silja Voeneky & Gerald Neuman eds., Cambridge University Press, 2018 Forthcoming), Harvard Public Law Working Paper No. 18-38
Number of pages: 22 Posted: 18 May 2018 Last Revised: 08 Dec 2018
Accepted Paper Series
Harvard Law School
Downloads 94
42.

The Devil's Daughter of Hell Fire: Anger's Role in Medieval English Felony Cases

Published by Cambridge University Press in Law and History Review, Vol. 35, Issue 1 (February 2017), pp. 155-200, The American Society for Legal History, Inc., Harvard Public Law Working Paper No. 18-27
Number of pages: 59 Posted: 13 May 2018 Last Revised: 07 Nov 2018
Accepted Paper Series
Harvard Law School
Downloads 60
43.

Stock Market Short-Termism’s Impact

European Corporate Governance Institute (ECGI) - Law Working Paper No. 426/2018, Harvard Public Law Working Paper No. 18-28
Number of pages: 64 Posted: 11 May 2018 Last Revised: 07 Nov 2018
Working Paper Series
Harvard Law School
Downloads 670
44.

Do Founders Control Start-Up Firms that Go Public?

European Corporate Governance Institute (ECGI) - Law Working Paper No. 405/2018, Harvard Public Law Working Paper No. 18-23
Number of pages: 53 Posted: 07 May 2018 Last Revised: 25 Sep 2018
Working Paper Series
Indiana University Maurer School of Law and Harvard Law School
Downloads 225
45.

Fiduciary Duties in Financial Regulation

Harvard Public Law Working Paper No. 18-24
Number of pages: 29 Posted: 04 May 2018 Last Revised: 03 Aug 2018
Working Paper Series
Harvard Law School and Harvard University, Law School
Downloads 138
46.

Citizens and Their Government in the Online Era: Three Snapshots

Proceedings of the Computer System Security & Privacy Advisory Board (CSSPAB) Board Meeting, John Marshall Law School Chicago, Illinois June 19-21, 2001
Number of pages: 21 Posted: 20 Apr 2018
Working Paper Series
Stanford Center for Internet & Society
Downloads 5
47.

The NFL as a Workplace: The Prospect of Applying Occupational Health and Safety Law to Protect NFL Workers

Arizona Law Review, Vol. 60, p. 291, 2018, San Diego Legal Studies Paper No.18-344, Harvard Public Law Working Paper No. 18-26
Number of pages: 78 Posted: 17 Apr 2018 Last Revised: 07 Nov 2018
Accepted Paper Series
University of Michigan School of Public Health, D.C. United, University of San Diego School of Law, Harvard Law School and Department of Medical Ethics and Health Policy, Perelman School of Medicine, University of Pennsylvania
Downloads 177
48.

Fiduciary Principles in Trust Law

Oxford Handbook of Fiduciary Law (Evan Criddle, Paul Miller, and Robert H. Sitkoff eds., 2019 Forthcoming), Harvard Public Law Working Paper No. 18-19
Number of pages: 22 Posted: 16 Apr 2018 Last Revised: 21 Jun 2018
Accepted Paper Series
Harvard Law School
Downloads 277
49.

Epistemic Spillovers: Learning Others’ Political Views Reduces the Ability to Assess and Use Their Expertise in Nonpolitical Domains

Harvard Public Law Working Paper No. 18-22
Number of pages: 24 Posted: 13 Apr 2018 Last Revised: 06 Jun 2018
Working Paper Series
University College London - Division of Psychology and Language Sciences, University College London, University College London, Harvard Law School and University College London - Affective Brain Lab, Department of Experimental Psychology
Downloads 1,284
50.

Optimal Law Enforcement with Ordered Leniency

Harvard Public Law Working Paper No. 18-20
Number of pages: 51 Posted: 10 Apr 2018 Last Revised: 17 Sep 2018
Working Paper Series
University of Alberta - Department of Economics and Harvard University - Law School - Faculty

Multiple version iconThere are 2 versions of this paper

Downloads 140