Digital Commons Network^™

Accessing Accountability: Exploring Criminal Prosecution Of Male Guards For Sexually Assaulting Female Inmates In U.S. Prisons, Elana M. Stern

University of Pennsylvania Law Review

No abstract provided.

The Possibility Of Ending Birthright Citizenship (Audio With Transcript), Kermit Roosevelt Iii

Case In Point Podcasts

In this special edition of Case in Point, Penn Law’s Kermit Roosevelt explains the legal underpinnings of birthright citizenship in the U.S. and evaluates threats to end the practice by executive order.

Paul Baran, Network Theory, And The Past, Present, And Future Of Internet, Christopher S. Yoo

All Faculty Scholarship

Paul Baran’s seminal 1964 article “On Distributed Communications Networks” that first proposed packet switching also advanced an underappreciated vision of network architecture: a lattice-like, distributed network, in which each node of the Internet would be homogeneous and equal in status to all other nodes. Scholars who have subsequently embraced the concept of a lattice-like network approach have largely overlooked the extent to which it is both inconsistent with network theory (associated with the work of Duncan Watts and Albert-László Barabási), which emphasizes the importance of short cuts and hubs in enabling networks to scale, and the actual way, the Internet …

Announcement Of Institute For Law And Philosophy Workshop: Nico Cornell: "Competition Wrongs" (12/10/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Center For Technology, Innovation And Competition Panel Discussion: "Hot Topics In Antitrust" (12/5/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Selected Bibliography For Center For Technology, Innovation And Competition Panel Discussion: "Hot Topics In Antitrust" (12/5/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Preserving Life By Ranking Rights, John William Draper

Librarian Scholarship at Penn Law

Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.

The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …

Whatever Did Happen To The Antitrust Movement?, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust in the United States today is caught between its pursuit of technical rules designed to define and implement defensible economic goals, and increasing calls for a new antitrust “movement.” The goals of this movement have been variously defined as combating industrial concentration, limiting the economic or political power of large firms, correcting the maldistribution of wealth, control of high profits, increasing wages, or protection of small business. High output and low consumer prices are typically unmentioned.

In the 1960s the great policy historian Richard Hofstadter lamented the passing of the antitrust “movement” as one of the “faded passions of …

Prophylactic Merger Policy, Herbert J. Hovenkamp

All Faculty Scholarship

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there …

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

All Faculty Scholarship

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of …

Announcement Of Fernando Chang-Muy And Stephanie Schwartz: "No Refuge - The Migrant Caravan And International Human Rights Law" (11/27/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Debating Immigration Restriction: The Case For Low And Slow, Amy L. Wax

All Faculty Scholarship

This article critiques our current politics of immigration, which is dominated by moralized and sentimental rhetoric. It argues for a more honest and balanced discussion of the merits of the status quo. A more mature debate would take into account many factors that now receive insufficient attention from politicians, academics, and the mainstream media, including the interests of voters and citizens as well as newcomers, legitimate nationalistic concerns both economic and cultural, the need for unity, stability, and cohesion through assimilation to a common culture, the primacy of American sovereignty through the maintenance of secure borders, and the integrity of …

Announcement Of Legal History Consortium Workshop: Anna Lvovsky (11/15/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Innovation In Prosecution Summit (11/15-16/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of James Li: "China And The ‘Responsibility To Protect’ In International Law" (11/15/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Selected Bibliography For Innovation In Prosecution Summit (11/15-16/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Richard Abel: "Terrorism Prosecutions And Guantanamo Bay: What Is The Rule Of Law In A Post-9/11 America?" (11/14/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Law & Etrepreneurship Lecture: Osagie Imasogie: "Intellectual Property – The New Global Currency” (11/13/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Selected Bibliography For Law & Etrepreneurship Lecture: Osagie Imasogie: "Intellectual Property – The New Global Currency” (11/13/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

All Faculty Scholarship

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as …

Announcement Of Leadership Institute For Diplomacy And The Law (11/9/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Public Keynote: "Addressing Challenges In The 21st Century Through Diplomacy" (11/9/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Journal Of Law And Social Change Author Spotlight: Yvette Pappoe: "The Shortcomings Of Title Vii For The Black Female Plaintiff” (11/8/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Panel Discussion: "Opportunity Zones And Inclusive Community Development, Hosted By John Legend" (11/8/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Carrie Severino And Mitchell Berman: "The Legacy Of Justice Clarence Thomas" (11/7/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Center For Technology, Innovation, And Competition Panel Discussion: "Assessing The Digital Millennium Copyright Act Twenty Years Later" (11/7/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Panel Discussion: "An End To Gerrymandering: A Methodology For Neutral Redistricting" (11/7/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of The Hon. Leon A. Higginbotham Lecture: Maya Wiley: "Race And Sex In The Time Of Trump" (11/7/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Hidetaka Hirota: "The Genealogy Of Alien Contract Labor Law" (11/5/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.

Announcement Of Center For Ethics And The Rule Of Law Public Keynote: "Foreign Interference In The Democratic Process: Countdown To The Midterms" (11/2/18)

Law School Lectures, Addresses, Conferences, and Workshops

No abstract provided.