Digital Commons Network^™

We're All Born Naked And The Rest Is Speech: Gender Expression And The First Amendment, Charlie Ferguson

University of Pennsylvania Law Review

As the antitransgender moral panic reaches a fever pitch, transgender civil rights are becoming increasingly fragile. A potential legal defense to these attacks lies within the First Amendment: if gender expression, or the way humans communicate their gender identity, is understood to be expressive conduct, it may receive protections under the Free Speech Clause. Using the framework of Spence v. Washington, this Comment argues that gender expression is a form of speech deserving of First Amendment protection. First, a speaker can use gender expression to share information about their identity. And second, an audience is likely to understand the speaker’s …

Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failure And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne

Articles

The article discusses the failures of the American justice system to find and punish offenders for the majority of serious crimes. It highlight the low clearance and conviction rates for crimes such as murder, rape, and assault. It further argues that these failures of justice have practical consequences on crime rates and also disproportionately affect racial minorities and low-income communities.

We Have The Right To Play, Duane Rudolph

University of Pennsylvania Journal of Law and Social Change

This article evaluates landmark cases spanning almost seven decades from the Supreme Court of the United States dealing with sexual orientation and gender identity. The cases are as follows: (1) One, Inc. v. Olesen (1958); (2) Boutilier v. Immigration and Naturalization Service (1967); (3) Baker v. Nelson (1972); (4) Rowland v. Mad River Local School District (1985); (5) Bowers v. Hardwick (1986); (6) Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995); (7) Romer v. Evans (1996); (8) Boy Scouts of America v. Dale (1996); (9) Lawrence v. Texas (2003); (10) United States v. Windsor (2013); (11) Hollingsworth …

The Psychology Of Separation: Border Walls, Soft Power, And International Neighborliness, Diana C. Mutz, Beth A. Simmons

All Faculty Scholarship

This study assesses the impact of international border walls on evaluations of countries and on beliefs about bilateral relationships between states. Using a short video, we experimentally manipulate whether a border wall image appears in a broader description of the history and culture of a little-known country. In a third condition, we also indicate which bordering country built the wall. Demographically representative samples from the United States, Ireland, and Turkey responded similarly to these experimental treatments. Compared to a control group, border walls lowered evaluations of the bordering countries. They also signified hostile international relationships to third-party observers. Furthermore, the …

After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne

All Faculty Scholarship

While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.

Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …

Heir Hunting, David Horton, Reid Kress Weisbord

University of Pennsylvania Law Review

No abstract provided.

Is Sunlight The Best Disinfectant? Reassessing Beps Action 5’S Tax Ruling Transparency, Patrick Hasson

University of Pennsylvania Law Review

No abstract provided.

Fewer Of Whom? Climate-Based Population Policies Infringe Marginalized People's Reproductive Autonomy, Rachel L. Zacharias

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Alternative Data Accumulation, Investment Management And The Ever-Present Spectre Of Insider Trading Liability–Should Hedge Funds Be Concerned About Trading On Scraped Data?, Florian N. Kamp

University of Pennsylvania Journal of Business Law

No abstract provided.

Bankruptcy Tourism And The European Union’S Corporate Restructuring Quandary: The Cathedral In Another Light, Samir D. Parikh

University of Pennsylvania Journal of International Law

No abstract provided.

Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna

JCL Online

No abstract provided.

Divided We Fall: Parole Supervision Conditions Prohibiting "Inter-Offender" Associations, James M. Binnall

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The New Transatlantic Trigonometry: Brexit And Europe’S Treaty Relations With The United States, Joris Larik

University of Pennsylvania Journal of International Law

No abstract provided.

Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll

All Faculty Scholarship

In this report, I argue that the inversion situation is more nuanced, complex, and ambiguous than Edward D. Kleinbard acknowledges, and I challenge Kleinbard’s claim that U.S. multinationals are on a tax par with their foreign competitors.

The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom?, Joseph J. Martins

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Counter-Terrorism Measures And International Humanitarian Law: A Case Study Of The "Troubles" In Northern Ireland, Juliana Van Hoeven

University of Pennsylvania Journal of International Law

No abstract provided.

What Gideon Did, Sara Mayeux

All Faculty Scholarship

Many accounts of Gideon v. Wainwright’s legacy focus on what Gideon did not do—its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few “outlier” states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal help for poor people charged with crimes.

Drawing on original historical research, this Article instead chronicles what Gideon did—the doctrinal and institutional changes it inspired between 1963 and the early 1970s. Gideon shifted the legal profession’s policy consensus on indigent defense away from …

Emerging Technologies And Dwindling Speech, Jorge R. Roig

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Membership And Messages: The (Il)Logic Of Expressive Association Doctrine, Hans Allhoff

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Algorithms And Speech, Stuart Minor Benjamin

University of Pennsylvania Law Review

No abstract provided.

The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp

All Faculty Scholarship

The United States has a strong tradition of state regulation that stretches back to the Commonwealth ideal of Revolutionary times and grew steadily throughout the nineteenth century. But regulation also had more than its share of critics. A core principle of Jacksonian democracy was that too much regulation was for the benefit of special interests, mainly wealthier and propertied classes. The ratification of the Fourteenth Amendment after the Civil War provided the lever that laissez faire legal writers used to make a more coherent Constitutional case against increasing regulation. How much they actually succeeded has always been subject to dispute. …

Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells

East Asia Law Review

This essay blends history, law, and politics in considering the role of legal imperialism nineteenth-century English extradition law in colonial Hong Kong. Building upon the pioneering work of Jerome Cohen, this essay enhances and clarifies our understanding of Chinese legal history and its continued (and future) influence on Sino-Western relations. By focusing upon the series of In re Kwok-a-Sing decisions as they traversed courts from colonial Hong Kong to imperial London, this study analyzes how, through skilful legal reasoning, the British courts managed to circumvent laws and assert their political domination in Southeast Asia by repeatedly refusing to extradite Kwok-a-Sing …

Penn Law Journal: 10 Years Of Grief, Resolve, And Change

The Journal

No abstract provided.

The Line Between Copyright And The First Amendment And Why Its Vagueness May Further Free Speech Interests, Edmund T. Wang

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez

University of Pennsylvania Journal of International Law

No abstract provided.

Law, Issue Frames And Social Movements: Three Case Studies Edward V. Sparer Symposium Issue: Partnering Against Poverty: Examining Cross-Disciplinary Approaches To Public Interest Lawyering , Martha F. Davis

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin

All Faculty Scholarship

Since the Supreme Court sanctioned the introduction of victim impact evidence in the sentencing phase of capital cases in Payne v. Tennessee, 501 U.S. 808 (1991), there have been a number of reported decisions in which that evidence has taken the form of videos composed of home-produced still photographs and moving images of the victim. Most of these videos were first shown at funerals or memorial services and contain music appropriate for such occasions. This article considers the probative value of victim impact videos and responds to the call of Justice John Paul Stevens, made in a statement regarding the …

The Unbearable Lightness Of Christian Legal Scholarship, David A. Skeel Jr.

All Faculty Scholarship

When the ascendancy of a new movement leaves a visible a mark on American politics and law, its footprints ordinarily can be traced through the pages of America’s law reviews. But the influence of evangelicals and other theologically conservative Christians has been quite different. Surveying the law review literature in the 1976, the year Newsweek proclaimed as the "year of the evangelical," one would not find a single scholarly legal article outlining a Christian perspective on law or any particular legal issue. Even in the 1980s and 1990s, the literature remained remarkably thin. By the 1990s, distinctively Christian scholarship had …

Lethal Crapshoot: The Fatal Unreliability Of The Penalty Phase, Kevin M. Doyle

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Medicare: Did The Devil Make Us Do It?, David A. Hyman, Jill R. Horwitz

University of Pennsylvania Law Review Online

No abstract provided.