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Harvard Law Review Topics

Law and Economics

Law and Economics Essay

On Tort Law’s Dualisms

Vol. 135 No. 4 February 2022 We read with interest Professors John Goldberg and Benjamin Zipursky’s new book, Recognizing Wrongs; Professor Catherine Sharkey’s Book Review; and Goldberg and Zipursky's Response....
  • Guido Calabresi
  • Spencer Smith
Torts Response

Thoroughly Modern Tort Theory

Response to Modern Tort Law: Preventing Harms, Not Recognizing Wrongs
Vol. 134 No. 4 February 2021 Funny what passes for “modern.” It was around 1967 that the phrase “cheapest cost avoider” first appeared in the work of then-Professor Guido Calabresi....
  • Benjamin C. Zipursky
  • John C.P. Goldberg
Torts Book Review

Modern Tort Law: Preventing Harms, Not Recognizing Wrongs

Vol. 134 No. 4 February 2021 Introduction When the U.S. Supreme Court faced a novel tort law issue in 2019 in Air & Liquid Systems Corp. v. DeVries — namely,...
  • Catherine M. Sharkey
Criminal Law Article

Expungement of Criminal Convictions: An Empirical Study

Vol. 133 No. 8 June 2020 Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a...
  • J.J. Prescott
  • Sonja B. Starr
Taxation Recent Case

Illinois Tool Works Inc. v. Commissioner

Tax Court Holds in Favor of Taxpayer on Loan Between Foreign Subsidiaries.

Vol. 132 No. 8 June 2019
Private Law Article

Pseudo-Contract and Shared Meaning Analysis

Vol. 132 No. 4 February 2019 Over the last several decades, courts and legal scholars have struggled with whether or when to consider boilerplate text as contract. Recent attempts to...
  • Margaret Jane Radin
  • Robin Bradley Kar
Effective Assistance of Counsel Article

The Effects of Holistic Defense on Criminal Justice Outcomes

Vol. 132 No. 3 January 2019 Debates over mass incarceration emphasize policing, bail, and sentencing reform, but give little attention to indigent defense. This omission seems surprising, given that interactions...
  • James M. Anderson
  • Maya Buenaventura
  • Paul Heaton
Private Law Recent Case

Heimer v. Companion Life Insurance Co.

Sixth Circuit Invokes Contra Proferentem as Default Rule for Resolving Ambiguous Contract Provisions.

Vol. 132 No. 2 December 2018
Antitrust Article

Antitrust Remedies for Labor Market Power

Vol. 132 No. 2 December 2018 Recent research indicates that labor market power has contributed to wage inequality and economic stagnation. Although the antitrust laws prohibit firms from restricting competition...
  • Eric A. Posner
  • Suresh Naidu
  • Glen Weyl
Consumer Law Recent Regulation

Payday, Vehicle Title, and Certain High-Cost Installment Loans

CFPB’s Final Payday Lending Rule Deems It an “Unfair” and “Abusive” Practice to Make Payday Loans Without Determining Borrower Ability to Repay.

Vol. 131 No. 6 April 2018
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