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University of Pennsylvania Carey Law School

2004

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United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp Dec 2004

United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp

All Faculty Scholarship

The idea that there is a tension between antitrust and the intellectual property laws is readily exaggerated. The tension that exists results mainly from our uncertainty about the optimal amount and scope of IP protection. In general, antitrust draws clearer lines than intellectual property law does, although one should not push the point too far. Antitrust policy as manifested in the courts has achieved a fair amount of consensus today. By contrast, deep uncertainty remains about fundamental questions concerning the socially optimal outcome of IP disputes. In addition, while the antitrust statutes are for the most part public regarding provisions …


Simplicity At The Cost Of Clarity: Appellate Review Of Claim Construction And The Failed Promise Of Cybor, William H. Burgess Dec 2004

Simplicity At The Cost Of Clarity: Appellate Review Of Claim Construction And The Failed Promise Of Cybor, William H. Burgess

University of Pennsylvania Law Review

No abstract provided.


Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination , Michael Ashley Stein Dec 2004

Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination , Michael Ashley Stein

University of Pennsylvania Law Review

No abstract provided.


War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror , Rosa Ehrenreich Brooks Dec 2004

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror , Rosa Ehrenreich Brooks

University of Pennsylvania Law Review

No abstract provided.


Cross-Border Judgments And The Public Policy Exception: Solving The Foreign Judgment Quandary By Way Of Tribal Courts, Lindsay Loudon Vest Dec 2004

Cross-Border Judgments And The Public Policy Exception: Solving The Foreign Judgment Quandary By Way Of Tribal Courts, Lindsay Loudon Vest

University of Pennsylvania Law Review

No abstract provided.


Icarus In The Boardroom, Introduction, David A. Skeel Jr. Dec 2004

Icarus In The Boardroom, Introduction, David A. Skeel Jr.

All Faculty Scholarship

Americans have always loved risk takers. Like the Icarus of ancient Greek lore, however, even the most talented entrepreneurs can overstep their bounds. All too often, the very qualities that make Icaran executives special - self-confidence, visionary insight, and extreme competitiveness - spur them to take misguided and even illegal chances. The Icaran failure of an ordinary entrepreneur isn't headline news. But put Icarus in the corporate boardroom and - as this book vividly demonstrates - the ripple effects can be profound. Ever since the first large-scale corporations emerged in the nineteenth century, their ability to tap huge amounts of …


Religious Establishment In Hearings To Waive Parental Consent For Abortion, Helena Silverstein, Kathryn Lundwall Alessi Nov 2004

Religious Establishment In Hearings To Waive Parental Consent For Abortion, Helena Silverstein, Kathryn Lundwall Alessi

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Resurrecting Equal Protection Challenges To Environmental Inequity: A Deliberately Indifferent Optimistic Approach, Brian Faerstein Nov 2004

Resurrecting Equal Protection Challenges To Environmental Inequity: A Deliberately Indifferent Optimistic Approach, Brian Faerstein

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Unconventional Decisions: Challenging The Use Of Hotel Taxes In Convention Center Projects, Dionne E. Anthon Nov 2004

Unconventional Decisions: Challenging The Use Of Hotel Taxes In Convention Center Projects, Dionne E. Anthon

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Constitutionally-Based Environmental Justice Suits And Their Likely Negative Environmental And Economic Impact, Amy Luria Nov 2004

Constitutionally-Based Environmental Justice Suits And Their Likely Negative Environmental And Economic Impact, Amy Luria

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Law Of Democracy, Nathaniel Persily Nov 2004

The Law Of Democracy, Nathaniel Persily

University of Pennsylvania Law Review

No abstract provided.


When The Pols Make The Calls: Mcconnell's Theory Of Judicial Deference In The Twilight Of Buckley, Robert F. Bauer Nov 2004

When The Pols Make The Calls: Mcconnell's Theory Of Judicial Deference In The Twilight Of Buckley, Robert F. Bauer

University of Pennsylvania Law Review

No abstract provided.


Buckley Is Dead, Long Live Buckley: The New Campaign Finance Incoherence Of Mcconnell V. Federal Election Commission, Richard L. Hasen Nov 2004

Buckley Is Dead, Long Live Buckley: The New Campaign Finance Incoherence Of Mcconnell V. Federal Election Commission, Richard L. Hasen

University of Pennsylvania Law Review

No abstract provided.


Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie Nov 2004

Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie

University of Pennsylvania Law Review

No abstract provided.


Democracy In The Wake Of The California Recall, Elizabeth Garrett Nov 2004

Democracy In The Wake Of The California Recall, Elizabeth Garrett

University of Pennsylvania Law Review

No abstract provided.


The Donor Class: Campaign Finance, Democracy, And Participation, Spencer Overton Nov 2004

The Donor Class: Campaign Finance, Democracy, And Participation, Spencer Overton

University of Pennsylvania Law Review

No abstract provided.


The Evolution Of Sherman Act Jurisdiction: A Roadmap For Competitive Federalism, Bruce Johnson, Moin A. Yahya Nov 2004

The Evolution Of Sherman Act Jurisdiction: A Roadmap For Competitive Federalism, Bruce Johnson, Moin A. Yahya

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


False Campaign Speech And The First Amendment, William P. Marshall Nov 2004

False Campaign Speech And The First Amendment, William P. Marshall

University of Pennsylvania Law Review

No abstract provided.


Resurrecting The White Primary, Ellen D. Katz Nov 2004

Resurrecting The White Primary, Ellen D. Katz

University of Pennsylvania Law Review

No abstract provided.


Reapportionment And Party Realignment In The American States, Stephen Ansolabehere, James M. Snyder Jr. Nov 2004

Reapportionment And Party Realignment In The American States, Stephen Ansolabehere, James M. Snyder Jr.

University of Pennsylvania Law Review

No abstract provided.


Lost In The Political Thicket: The Court, Election Law, And The Doctrinal Interregnum, Heather K. Gerken Nov 2004

Lost In The Political Thicket: The Court, Election Law, And The Doctrinal Interregnum, Heather K. Gerken

University of Pennsylvania Law Review

No abstract provided.


Latinos, Anglos, Voters, Candidates, And Voting Rights , Jonathan Nagler, R. Michael Alvarez Nov 2004

Latinos, Anglos, Voters, Candidates, And Voting Rights , Jonathan Nagler, R. Michael Alvarez

University of Pennsylvania Law Review

No abstract provided.


Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault Nov 2004

Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault

University of Pennsylvania Law Review

No abstract provided.


Got Theory, Daniel R. Ortiz Nov 2004

Got Theory, Daniel R. Ortiz

University of Pennsylvania Law Review

No abstract provided.


Where To Draw The Line: Judicial Review Of Political Gerrymanders, Samuel Issacharoff, Pamela S. Karlan Nov 2004

Where To Draw The Line: Judicial Review Of Political Gerrymanders, Samuel Issacharoff, Pamela S. Karlan

University of Pennsylvania Law Review

No abstract provided.


Evaluating Environmental Policies, Lori Snyder Bennear, Cary Coglianese Nov 2004

Evaluating Environmental Policies, Lori Snyder Bennear, Cary Coglianese

All Faculty Scholarship

For too long, environmental policymaking has relied on trial and error, without adequate or systematic learning from either the trials or the errors. Systematic program evaluation research has been remarkably scarce relative to the overall number of environmental policies adopted in the United States, as well as relative to the amount of evaluation research found in other fields, such as medicine, education, or transportation safety. This paper examines the role that program evaluation should play in environmental policy making, distinguishing such research from other types of analysis, including risk assessment, cost-effectiveness analysis, and cost-benefit analysis. It explains the kinds of …


Penn Law Journal: Mission Iraq Oct 2004

Penn Law Journal: Mission Iraq

The Journal

No abstract provided.


Long, Strange Trips: The Pharmaceutical Industry Drive To Harmonize Global Intellectual Property Rules, And The Remaining Wto Legal Alternatives Available To Third World Countries (The Journal In Review: A Look Back At Twenty-Five Years Of The University Of Pennsylvania Journal Of International Economic Law), Robert Weissman Oct 2004

Long, Strange Trips: The Pharmaceutical Industry Drive To Harmonize Global Intellectual Property Rules, And The Remaining Wto Legal Alternatives Available To Third World Countries (The Journal In Review: A Look Back At Twenty-Five Years Of The University Of Pennsylvania Journal Of International Economic Law), Robert Weissman

University of Pennsylvania Journal of International Law

No abstract provided.


On The Relationship Between Intellectual Property Rights And The Need Of Less-Developed Countries For Accuss To Pharmaceuticals: Creating A Legal Duty To Supply Under A Theory Of Progressive Global Constitutionalism , Wesley A. Cann Jr. Oct 2004

On The Relationship Between Intellectual Property Rights And The Need Of Less-Developed Countries For Accuss To Pharmaceuticals: Creating A Legal Duty To Supply Under A Theory Of Progressive Global Constitutionalism , Wesley A. Cann Jr.

University of Pennsylvania Journal of International Law

No abstract provided.


The Counterfeit Drug Invasion: How Drug Reimportation Unjustifiably Poses A Threat To The Health Of The U.S. Public, Todd A. Rosenfield Oct 2004

The Counterfeit Drug Invasion: How Drug Reimportation Unjustifiably Poses A Threat To The Health Of The U.S. Public, Todd A. Rosenfield

University of Pennsylvania Journal of International Law

No abstract provided.