Últimos itens adicionados do Acervo: Harvard University

A Universidade de Harvard (em inglês: Harvard University) é uma universidade privada membro da Ivy League, localizada em Cambridge, Massachusetts, Estados Unidos, e cuja história, influência e riqueza tornam-a uma das mais prestigiadas universidades do mundo.

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Beyond Biology: The Politics of Adoption & Reproduction

Bartholet, Elizabeth
Fonte: Harvard University Publicador: Harvard University
Tipo: Artigo de Revista Científica
EN_US
It is exciting simply to be having this conference focused on adoption law and policy. I remember some nine years ago starting to plan a course dealing with adoption issues and wondering whether I would be able to justify its place in the Harvard Law School curriculum. It is also exciting to look around the room at the wonderfully diverse and knowledgeable group of people the Duke Journal of Gender Law & Policy gathered here to participate in these discussions of important issues involving adoption and the meaning of family. My topic today has to do with adoption and, more particularly, adoption in relation to reproduction. By reproduction I mean three different things: (1) traditional reproduction, or the production of a child through normal intercourse between one man and one woman; (2) infertility treatment, or the use of medical technology to assist a man and a woman to produce a child using his sperm and her egg and womb; and (3) a variety of child producing and parenting arrangements that I have collectively termed "technologic adoption." By the latter, I mean arrangements that result in the social equivalent of either step-parent adoptions or full adoptions, where the child is produced in order to be raised by one or more parents who will not be genetically or biologically related. I am referring to such practices as donor insemination...

Race Separatism in the Family: More on the Transracial Adoption Debate

Bartholet, Elizabeth
Fonte: Harvard University Publicador: Harvard University
Tipo: Artigo de Revista Científica
EN_US
Some twenty-five years ago a trial court in Virginia upheld the state ban on interracial marriage, reasoning that God created different races and, accordingly, that it was natural to maintain racial purity, and unnatural to engage in racial mixing. 1 At that time, many other state laws banned both interracial marriage and transracial adoption. In Loving v. Virginia, 2 the United States Supreme Court struck down the Virginia antimiscegenation law, reversing the trial court's decision and holding that it was unconstitutional for states to mandate racial separatism in the family. Later, in Palmore v. Sidoti, 3 the Court ruled that it was unconstitutional to transfer custody of a white child from mother to father solely because the mother was living with a black man. While the Court acknowledged that it might not be in the child's best interests to live in a transracial family, it held that the equal protection doctrine prevented consideration of the race of a potential parent in making custody decisions. In the 1960s and 1970s, the courts in this country outlawed formal state bans on transracial adoption, finding them similarly inconsistent with the equal protection doctrine. There has been a similar development in South Africa today...

Counting Votes and Discounting Holdings in the Supreme Court's Takings Cases

Lazarus, Richard James
Fonte: Harvard University Publicador: Harvard University
Tipo: Artigo de Revista Científica
EN_US

Ventures in the China Trade An Analysis of China's Emerging Legal Framework for the Regulation of Foreign Investment

Alford, William P.; Birenbaum, David
Fonte: Harvard University Publicador: Harvard University
Tipo: Artigo de Revista Científica
EN_US
In this Article, Messrs. Alford and Birenbaum examine laws and regulations recently promulgated by the People's Republic of China to govern the conduct of business and investment in China. After establishing the cultural, historical, bureaucratic and developmental contexts within which the authors believe these laws and regulations must be understood, they comprehensively examine and discuss the new legal pronouncements.

The Mischaracterized Asylum Crisis Realities Behind Proposed Reforms

Anker, Deborah Eve
Fonte: Harvard University Publicador: Harvard University
Tipo: Artigo de Revista Científica
EN_US

China’s “New Regionalism”: Subnational Analysis in Chinese Political Economy

Rithmire, Meg Elizabeth
Fonte: Cambridge University Press Publicador: Cambridge University Press
Tipo: Artigo de Revista Científica
EN_US
The study of Chinese political economy has undergone a sea change since the late 1990s; instead of debating the origins and direction of national reform, scholars have turned to examining the origins of local economic variation. This essay reviews recent work in regional political economy of contemporary China. In keeping with a movement in comparative politics toward analyzing subnational politics, the "new regionalists" seek to identify and explain meaningful heterogeneity in the Chinese polity and economy. Yet they go further than simply using subnational cases to generate or test theories about Chinese politics; instead, they propose that subnational political economies in China are a function of endogenous change rather than a reaction to national priorities. After identifying differences between "new regionalism" and previous studies of decentralization in China, I discuss this work according to the theoretical approaches (institutional, ideational, and socio-historical) used to explain the origins of regional differences. I conclude by examining the limitations of the new regionalist agenda in comparative and historical context and suggesting that scholars move past unconditional acceptance of the causal power of "socialist legacies" and instead attend to the importance of changes in the post-Mao administrative hierarchy.

Mr. Justice Rutledge - Law Clerks' Reflections

Brudney, Victor; Wolfson, Richard
Fonte: Indiana University School of Law Publicador: Indiana University School of Law
Tipo: Artigo de Revista Científica
EN_US

Luncheon Speech: Better Sixty Years of Tyranny than One Night of Anarchy

Feldman, Noah R.
Fonte: Harvard University Publicador: Harvard University
Tipo: Artigo de Revista Científica
EN_US

MARIS: Method for Analyzing RNA following Intracellular Sorting

Hrvatin, Siniša; Deng, Francis; O'Donnell, Charles W.; Gifford, David K.; Melton, Douglas A.
Fonte: Public Library of Science Publicador: Public Library of Science
Tipo: Artigo de Revista Científica
EN_US
Transcriptional profiling is a key technique in the study of cell biology that is limited by the availability of reagents to uniquely identify specific cell types and isolate high quality RNA from them. We report a Method for Analyzing RNA following Intracellular Sorting (MARIS) that generates high quality RNA for transcriptome profiling following cellular fixation, intracellular immunofluorescent staining and FACS. MARIS can therefore be used to isolate high quality RNA from many otherwise inaccessible cell types simply based on immunofluorescent tagging of unique intracellular proteins. As proof of principle, we isolate RNA from sorted human embryonic stem cell-derived insulin-expressing cells as well as adult human β cells. MARIS is a basic molecular biology technique that could be used across several biological disciplines.

Prior-Cancer Diagnosis in Men with Nonmetastatic Prostate Cancer and the Risk of Prostate-Cancer-Specific and All-Cause Mortality

Mirabeau-Beale, Kristina; Chen, Ming-Hui; D'Amico, Anthony V.
Fonte: Hindawi Publishing Corporation Publicador: Hindawi Publishing Corporation
Tipo: Artigo de Revista Científica
EN_US
Purpose. We evaluated the impact a prior cancer diagnosis had on the risk of prostate-cancer-specific mortality (PCSM) and all-cause mortality (ACM) in men with PC. Methods:. Using the SEER data registry, 166,104 men (median age: 66) diagnosed with PC between 2004 and 2007 comprised the study cohort. Competing risks and Cox regression were used to evaluate whether a prior cancer diagnosis impacted the risk of PCSM and ACM adjusting for known prognostic factors PSA level, age at and year of diagnosis, race, and whether PC treatment was curative, noncurative, or active surveillance (AS)/watchful waiting (WW). Results:. At a median followup of 2.75 years, 12,453 men died: 3,809 (30.6%) from PC. Men with a prior cancer were followed longer, had GS 8 to 10 PC more often, and underwent WW/AS more frequently (P < 0.001). Despite these differences that should increase the risk of PCSM, the adjusted risk of PCSM was significantly decreased (AHR: 0.66 (95% CI: (0.45, 0.97); P = 0.033), while the risk of ACM was increased (AHR: 2.92 (95% CI: 2.64, 3.23); P < 0.001) in men with a prior cancer suggesting that competing risks accounted for the reduction in the risk of PCSM. Conclusion:. An assessment of the impact that a prior cancer has on life expectancy is needed at the time of PC diagnosis to determine whether curative treatment for unfavorable-risk PC versus AS is appropriate.

Rules 'With All Deliberate Speed'

Lazarus, Richard James
Fonte: Environmental Law Institute Publicador: Environmental Law Institute
Tipo: Artigo de Revista Científica
EN_US

Some Thoughts on ENRD's Centennial

Lazarus, Richard James
Fonte: Environmental Law Institute Publicador: Environmental Law Institute
Tipo: Artigo de Revista Científica
EN_US

At Least It Was April Fool's Day

Lazarus, Richard James
Fonte: Environmental Law Institute Publicador: Environmental Law Institute
Tipo: Artigo de Revista Científica
EN_US

Judging Appointee's Green Record

Lazarus, Richard James
Fonte: Environmental Law Institute Publicador: Environmental Law Institute
Tipo: Artigo de Revista Científica
EN_US

Sierra to Court: Don't Fence Us Out

Lazarus, Richard James
Fonte: Environmental Law Institute Publicador: Environmental Law Institute
Tipo: Artigo de Revista Científica
EN_US

Regulating Bankers' Pay

Bebchuk, Lucian Arye; Spamann, Holger
Fonte: Georgetown University Law Center Publicador: Georgetown University Law Center
Tipo: Artigo de Revista Científica
EN_US
This paper seeks to make three contributions to understanding how banks’ executive pay has produced incentives for excessive risk-taking and how such pay should be reformed. First, although there is now wide recognition that pay packages focused excessively on short-term results, we analyze a separate and critical distortion that has received little attention. Equity-based awards, coupled with the capital structure of banks, tie executives’ compensation to a highly levered bet on the value of banks’ assets. Because bank executives expect to share in any gains that might flow to common shareholders, but are insulated from losses that the realization of risks could impose on preferred shareholders, bondholders, depositors, and taxpayers, executives have incentives to give insufficient weight to the downside of risky strategies. Second, we show that corporate governance reforms aimed at aligning the design of executive pay arrangements with the interests of banks’ common shareholders - such as advisory shareholder votes on compensation arrangements, use of restricted stock awards, and increased director oversight and independence -cannot eliminate the identified problem. In fact, the interests of common shareholders could be served by more risk-taking than is socially desirable. Accordingly...

Fixing Bankers Pay

Bebchuk, Lucian Arye
Fonte: Berkeley Electronic Press Publicador: Berkeley Electronic Press
Tipo: Artigo de Revista Científica
EN_US
This essay – written for a special issue of the American Academy of Arts and Sciences’ Daedalus journal on lessons from the financial crisis – discusses how bankers’ pay should be fixed. I describe two distinct sources of risk-taking incentives: first, executives’ excessive focus on short-term results; and, second, their excessive focus on results for shareholders, which corresponds to a lack of incentives for executives to consider outcomes for other contributors of capital. I discuss how pay arrangements can be reformed to address each of these problems and conclude by examining the role that government should play in bringing about the needed reforms. The essay provides an accessible summary of the analysis developed in Bebchuk and Fried, “Paying for Long-Term Performance” (University of Pennsylvania Law Review, 2010, http://ssrn.com/abstract=1535355) and Bebchuk and Spamann, “Regulating Bankers’ Pay” (Georgetown Law Journal, 2010, http://ssrn.com/abstract=1410072).

A Better Plan for Addressing the Financial Crisis

Bebchuk, Lucian Arye
Fonte: Berkeley Electronic Press Publicador: Berkeley Electronic Press
Tipo: Artigo de Revista Científica
EN_US
This paper critiques the proposed emergency legislation for spending $700 billion on purchasing financial firms' troubled assets to address the 2008 financial crisis. It also puts forward a superior alternative for advancing the two goals of the proposed legislation - restoring stability to the financial markets and protecting taxpayers. I show that the proposed legislation can be redesigned to limit greatly the cost to taxpayers while doing much better in terms of restoring stability to the financial markets. The proposed redesign is based on four interrelated elements: * No overpaying for troubled assets: The Treasury's authority to purchase troubled assets should be limited to doing so at fair market value. * Addressing undercapitalization problems directly: Because the purchase of troubled assets at fair market value may leave financial firms severely under-capitalized, the Treasury's authority should be expanded to allow purchasing, again at fair market value, new securities issued by financial institutions in need of additional capital. * Market-based discipline: to ensure that purchases are made at fair market value, the Treasury should conduct them through multi-buyer competitive processes with appropriate incentives. * Inducing infusion of private capital: to further expand the capital available to the financial sector...

The Roots of Clarence Thomas' Black Burden

Mack, Kenneth W.
Fonte: Harvard University Publicador: Harvard University
Tipo: Outros
EN_US

The Constitution and 9/11: Recurring Threats to America's Freedoms

Tushnet, Mark V.
Fonte: Law, Courts, and Judicial Process Section of the American Political Science Association Publicador: Law, Courts, and Judicial Process Section of the American Political Science Association
Tipo: Commentary or Review
EN_US