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Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School

All Faculty Scholarship

The Pennsylvania Legislature's Senate Judiciary Committee and House Judiciary Committee jointly commissioned this study of the criminal offense grading scheme contained in Pennsylvania criminal statutes. This Final Report, which was presented to a joint session of the two Committees on December 15, 2009, examines the extent to which current Pennsylvania law defines offenses with offense grades that are inconsistent with the relative seriousness of the offense as compared to other offenses, based upon an empirical survey of Pennsylvania residents. It also examines whether some offenses include within a single grade forms of conduct of very different degrees of seriousness, for …

Anatomy Of A Wrongful Conviction: State V. Dedge And What It Tells Us About Our Flawed Criminal Justice System, Armen H. Merjian

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Evidence-Based Access To Justice, Laura K. Abel

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Politics, Psychology, And The Law: Why Modern Psychology Dictates An Overhaul Of Federal Rule Of Evidence 609, Todd A. Berger

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Six Unconstitutional Homicide Statutes: Rational Basis Review And The Problem Of Harsher Punishment For Less Culpable Offenders, Justin V. Rodriguez

University of Pennsylvania Law Review

No abstract provided.

Politics And Prosecution: A Historical Perspective On Shifting Federal Standards For Pursuing The Death Penalty In Non-Death Penalty States, Eric A. Tirschwell, Theodore Hertzberg

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Getting Citizens Involved: Civil Participation In Judicial Decision-Making In Korea, Jae-Hyup Lee

East Asia Law Review

Korea introduced civil participation in criminal trials (jury trials) for the first time in the nation's history on January 1, 2008. The Korean jury system incorporates both the U.S.-style jury system and the German lay assessor system to assess the actual experience of citizen participation in trials during the initial five year experimental phase. This Article first delineates the background history of the introduction of the jury system in Korea and explains the relevant legal provisions. Then the Article discusses problems that have arisen, implications for the future, and important remaining research questions based on the experience of the first …

The Good, The Bad, And The Ugly: Moral Agency And The Role Of Victims In Reparations Programs, Carlton Waterhouse

University of Pennsylvania Journal of International Law

No abstract provided.

Penn Law Journal: Pride & Promise

The Journal

No abstract provided.

The Klan, The Congress, And The Court: Congressional Enforcement Of The Fourteenth And Fifteenth Amendments & The State Action Syllogism, A Brief Historical Overview, Michael Kent Curtis

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Civil Rights In International Law: Compliance With Aspects Of The ‘International Bill Of Rights’, Beth Simmons

Articles

International law has developed what many might consider a constitutional understanding of individual civil rights that individuals can claim vis-à-vis their own governments. This article discusses the development of aspects of international law relating to civil rights and argues that if this body of law is meaningful, we should see evidence of links between acceptance of international legal obligation and domestic practices. Recognizing that external forms of enforcement of civil rights is unlikely (because doing so is not generally in the interest of potential "enforcers"), I argue that international civil rights treaties will have their greatest effect where stakeholders-local citizens-have …

How Should Punitive Damages Work, Dan Markel

University of Pennsylvania Law Review

No abstract provided.

The New Japanese Jury System: Empowering The Public, Preserving Continental Justice, Ingram Weber

East Asia Law Review

Japan's new mixed jury system (dubbed the saiban-in) is designed to democratize the criminal legal process. Many observers fear that professional judges will undermine this goal by using their influence to pressure lay persons into adopting the opinions of the court. This Article argues that fear of judicial domination has obscured a second set of objectives and that the saiban-in is also designed to maintain consistent and predictable decisions on verdicts and sentences and to ensure that those decisions reflect, but are not wholly determined by, the Supreme Court's vision of justice. These objectives indicate both an enduring commitment to …

Prepare For The Worst: Protecting Civil Liberties In The Modern Age Of Bioterrorism, Eleanor E. Mayer

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Introduction, Alejandro Salicrup

East Asia Law Review

No abstract provided.

Preface, Benjamin Simler, David E. Sobel

East Asia Law Review

No abstract provided.

Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas

All Faculty Scholarship

No government official has as much unreviewable power or discretion as the prosecutor. Few regulations bind or even guide prosecutorial discretion, and fewer still work well. Most commentators favor more external regulation by legislatures, judges, or bar authorities. Neither across-the-board legislation nor ex post review of individual cases has proven to be effective, however. Drawing on management literature, this article reframes the issue as a principal-agent problem and suggests corporate strategies for better serving the relevant stakeholders. Fear of voters could better check prosecutors, as could victim participation in individual cases. Scholars have largely neglected the most promising avenue of …

Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Rewarding Prosecutors For Performance, Stephanos Bibas

All Faculty Scholarship

Prosecutorial discretion is a problem that most scholars attack from the outside. Most scholars favor external institutional solutions, such as ex ante legislation or ex post judicial and bar review of individual cases of misconduct. At best these approaches can catch the very worst misconduct. They lack inside information and sustained oversight and cannot generate and enforce fine-grained rules to guide prosecutorial decisionmaking. The more promising alternative is to work within prosecutors' offices, to create incentives for good performance. This symposium essay explores a neglected toolbox that head prosecutors can use to influence line prosecutors: compensation and other rewards. Rewards …

Disentangling The Sixth Amendment, Sanjay Chhablani

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Based Upon: Deriving Plain Meaning From The False Claims Act's Jurisdictional Bar, Jonathan Peirce Ursprung

University of Pennsylvania Law Review

No abstract provided.

Out Of Service: The Causes And Consequences Of Russia's Suspension Of Judicial Assistance To The United States Under The Hague Service Convention, Spencer Willig

University of Pennsylvania Journal of International Law

No abstract provided.

60th Anniversary Of The Udhr, The Anniversary Contributions - International Human Rights, Juan E. Mendez

University of Pennsylvania Journal of International Law

No abstract provided.

Norm Internationalization Through Trials For Violations Of International Law: Four Conditions For Success And Their Application To Trials Of Detainees At Guantanamo Bay, Vijay M. Padmanabhan

University of Pennsylvania Journal of International Law

No abstract provided.

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of International Armed Conflict Anniversary Contributions - Use Of Force, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

University of Pennsylvania Journal of International Law

No abstract provided.

Liability Insurance At The Tort-Crime Boundary, Tom Baker

All Faculty Scholarship

This essay explores how liability insurance mediates the boundary between torts and crime. Liability insurance sometimes separates these two legal fields, for example through the application of standard insurance contract provisions that exclude insurance coverage for some crimes that are also torts. Perhaps less obviously, liability insurance also can draw parts of the tort and criminal fields together. For example, professional liability insurance civilizes the criminal law experience for some crimes that are also torts by providing defendants with an insurance-paid criminal defense that provides more than ordinary means to contest the state’s accusations. The crime-tort separation in liability insurance …

The Pace Of International Criminal Justice, Jean Galbraith

All Faculty Scholarship

This article examines how long international criminal cases take in practice. It considers the cases of all 305 individuals charged at six international and hybrid criminal tribunals (as of shortly before this article's publication). Contrary to the conventional wisdom, on average today’s international criminal cases do not take much longer than comparably complex domestic criminal cases, once the defendants are in custody. Nonetheless, international criminal cases may take too long to achieve the goal of helping to reconcile the affected communities – particularly where a community has abruptly transitioned from an abusive old regime to an entirely new one. Where …

Medical Hope, Legal Pitfalls: Potential Legal Issues In The Emerging Field Of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, Teresa K. Woodruff

All Faculty Scholarship

The article will begin its discussion by identifying the values at stake in the field of oncofertility. These values include the constitutional protection of the rights of women and minors to bear children and to use reproduction-assisting technologies, as well as the feminist critique of gendered expectations that may pressure women to use these technologies.

Part III will focus on the medical options of oncofertility. It will also discuss some conditions that may lead otherwise fertile and young patients to lose their ability to bear children as a side-effect of necessary medical treatment. The article will then proceed to discuss …

Time Out, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Law Across Borders: What Can The United States Learn From Japan?, Eric Feldman

All Faculty Scholarship

No abstract provided.