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Articles 1 - 30 of 78
Full-Text Articles in Entire DC Network
Education For Learners With Disabilities As A Social Right, Dimitris Anastasiou, Ilias Bantekas
Education For Learners With Disabilities As A Social Right, Dimitris Anastasiou, Ilias Bantekas
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Law And Digital Globalization, Georgios Dimitropoulos
Law And Digital Globalization, Georgios Dimitropoulos
University of Pennsylvania Journal of International Law
No abstract provided.
Built On Borders? Tensions With The Institution Liberalism (Thought It) Left Behind, Beth A. Simmons, Hein E. Goemans
Built On Borders? Tensions With The Institution Liberalism (Thought It) Left Behind, Beth A. Simmons, Hein E. Goemans
All Faculty Scholarship
The Liberal International Order is in crisis. While the symptoms are clear to many, the deep roots of this crisis remain obscured. We propose that the Liberal International Order is in tension with the older Sovereign Territorial Order, which is founded on territoriality and borders to create group identities, the territorial state, and the modern international system. The Liberal International Order, in contrast, privileges universality at the expense of groups and group rights. A recognition of this fundamental tension makes it possible to see that some crises that were thought to be unconnected have a common cause: the neglect of …
Reclaiming Mongyudowŏndo: Legal Challenges To Restituting Korean Cultural Property From Japan And Alternative Solutions, Lydia (Soo Min) Lim
Reclaiming Mongyudowŏndo: Legal Challenges To Restituting Korean Cultural Property From Japan And Alternative Solutions, Lydia (Soo Min) Lim
University of Pennsylvania Journal of International Law
No abstract provided.
Liberalism's Identity Politics: A Response To Professor Fukuyama, Athena D. Mutua
Liberalism's Identity Politics: A Response To Professor Fukuyama, Athena D. Mutua
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Faith Of My Fathers, Robert H. Jackson, John Q. Barrett
The Faith Of My Fathers, Robert H. Jackson, John Q. Barrett
University of Pennsylvania Law Review
No abstract provided.
After Suffrage: The Unfinished Business Of Feminist Legal Advocacy, Serena Mayeri
After Suffrage: The Unfinished Business Of Feminist Legal Advocacy, Serena Mayeri
All Faculty Scholarship
This Essay considers post-suffrage women’s citizenship through the eyes of Pauli Murray, a key figure at the intersection of the twentieth-century movements for racial justice and feminism. Murray drew critical lessons from the woman suffrage movement and the Reconstruction-era disintegration of an abolitionist-feminist alliance to craft legal and constitutional strategies that continue to shape equality law and advocacy today. Murray placed African American women at the center of a vision of universal human rights that relied upon interracial and intergenerational alliances and anticipated what scholars later named intersectionality. As Murray foresaw, women of color formed a feminist vanguard in the …
Esg Disclosure In Comparative Perspective: Optimizing Private Ordering In Public Reporting, Virginia Harper Ho, Stephen Kim Park
Esg Disclosure In Comparative Perspective: Optimizing Private Ordering In Public Reporting, Virginia Harper Ho, Stephen Kim Park
University of Pennsylvania Journal of International Law
No abstract provided.
Sanctuary Corporations: Should Liberal Corporations Get Religion?, Elizabeth Brown, Inara Scott
Sanctuary Corporations: Should Liberal Corporations Get Religion?, Elizabeth Brown, Inara Scott
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Post-Conflict Pluralism, Rachel Lopez
Post-Conflict Pluralism, Rachel Lopez
University of Pennsylvania Journal of International Law
No abstract provided.
Women’S Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Rangita De Silva De Alwis
Women’S Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Rangita De Silva De Alwis
All Faculty Scholarship
Sital Kalantry’s Women’s Human Rights and Migration: Sex Selective Abortion Laws in the United States and India addresses a long-existing gap in feminist theory at the intersection of a migrant woman’s experience and culturally motivated reproductive decisions. By recognising the possibility that ‘practices that are oppressive to women in one country context may not have a negative impact on women in another country context’ Kalantry takes an important step in creating a framework for evaluating competing human rights interests within the complex cultural contexts that arise in migrant-receiving countries. Her proposed framework rejects the decontextualisation and politicisation of the migrant …
"Glocalization" Of International Arbitration--Rethinking Tradition: Modernity And East-West Binaries Through The Lens Of China And Japan, Kun Fan
University of Pennsylvania Asian Law Review
No abstract provided.
Justice: 1850s San Francisco And The California Gold Rush, Paul H. Robinson, Sarah M. Robinson
Justice: 1850s San Francisco And The California Gold Rush, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Using stories from the 1848-1851 California gold miners, the 1851 San Francisco vigilante committees, Nazi concentration camps of the 1940s, and wagon trains of American westward migration in the 1840s, the chapter illustrates that it is part of human nature to see doing justice as a value in itself—in people’s minds it is not dependent for justification on the practical benefits it brings. Having justice done is sufficiently important to people that they willingly suffer enormous costs to obtain it, even when they were neither hurt by the wrong nor in a position to benefit from punishing the wrongdoer.
This …
Situating "Groups" In Constitutional Argument: Interrogating Judicial Arguments On Economic Rights, Gender Equality, And Gay Equality, Stuart Chinn
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri
Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri
All Faculty Scholarship
Title VII was twenty-five years old when Kimberlé Crenshaw published her path-breaking article introducing “intersectionality” to critical legal scholarship. By the time the Civil Rights Act of 1964 reached its thirtieth birthday, the intersectionality critique had come of age, generating a sophisticated subfield and producing many articles that remain classics in the field of anti-discrimination law and beyond. Employment discrimination law was not the only target of intersectionality critics, but Title VII’s failure to capture and ameliorate the particular experiences of women of color loomed large in this early legal literature. Courts proved especially reluctant to recognize multi-dimensional discrimination against …
You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley
You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Twenty Years Of Shareholder Proposals After Cracker Barrel: An Effective Tool For Implementing Lgbt Employment Protections, Neel Rane
University of Pennsylvania Law Review
No abstract provided.
Harmonizing Choice-Of-Law Rules For International Insolvency Cases: Virtual Territoriality, Virtual Universalism, And The Problem Of Local Interests, Charles W. Mooney Jr.
Harmonizing Choice-Of-Law Rules For International Insolvency Cases: Virtual Territoriality, Virtual Universalism, And The Problem Of Local Interests, Charles W. Mooney Jr.
All Faculty Scholarship
This paper explores the potential content and feasibility of a set of harmonized choice of law rules (HICOL Rules) that would apply in insolvency proceedings. It contemplates a main insolvency proceeding opened in a debtor’s center of main interests (“COMI”) and the existence of (or possibility of opening) one or more non-main (or secondary) proceedings. It also contemplates the possibility that an insolvency representative in a main or non-main proceeding may seek and be granted recognition in another state under the UNCITRAL Model Law on Cross-Border Insolvency (codified as Chapter 15 of the Bankruptcy Code in the U.S.) Under HICOL …
Immigration Reform And The Democratic Will, Daniel I. Morales
Immigration Reform And The Democratic Will, Daniel I. Morales
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
All Faculty Scholarship
No abstract provided.
Teacher/Police: How Inner-City Students Perceive The Connection Between The Education System And The Criminal Justice System, Cara Mcclellan
Teacher/Police: How Inner-City Students Perceive The Connection Between The Education System And The Criminal Justice System, Cara Mcclellan
Articles
No abstract provided.
Ethnonationalism And Liberal Democracy, Steven Menashi
Ethnonationalism And Liberal Democracy, Steven Menashi
University of Pennsylvania Journal of International Law
No abstract provided.
Can A Patient-Centered Ethos Be Other-Regarding? Ought It Be?, Theodore Ruger
Can A Patient-Centered Ethos Be Other-Regarding? Ought It Be?, Theodore Ruger
All Faculty Scholarship
No abstract provided.
Reclaiming The First Amendment Through Union Dues Restrictions?, Harry G. Hutchison
Reclaiming The First Amendment Through Union Dues Restrictions?, Harry G. Hutchison
University of Pennsylvania Journal of Business Law
No abstract provided.
Law, Culture, And Conflict: Dispute Resolution In Postwar Japan, Eric Feldman
Law, Culture, And Conflict: Dispute Resolution In Postwar Japan, Eric Feldman
All Faculty Scholarship
The 1963 publication of Takeyoshi Kawashima’s “Dispute Resolution in Contemporary Japan” has indelibly influenced the study of law and conflict in postwar Japan. A mere nineteen text pages of Arthur Taylor von Mehren’s seven hundred–page volume, Law in Japan: The Legal Order in a Changing Society, Kawashima’s observations about the infrequency of litigation in Japan, and his emphasis on the sociocultural context of conflict, continue to resonate. As a noted scholar of Japanese law has succinctly written, “Virtually every scholarly work [about Japanese law] in the last thirty-five years has been framed in some way or another by the conceptual …
Religious Sanctification Of Labor Law: Islamic Labor Principles And Model Provisions, Adnan A. Zulfiqar
Religious Sanctification Of Labor Law: Islamic Labor Principles And Model Provisions, Adnan A. Zulfiqar
University of Pennsylvania Journal of Business Law
No abstract provided.
European Implications Of Bankruptcy Venue Shopping In The U.S., David A. Skeel Jr.
European Implications Of Bankruptcy Venue Shopping In The U.S., David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
An Efficiency-Based Explanation For Current Corporate Reorganization Practice, Kenneth M. Ayotte, David A. Skeel Jr.
An Efficiency-Based Explanation For Current Corporate Reorganization Practice, Kenneth M. Ayotte, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman
Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman
All Faculty Scholarship
While the benchmark of trademark infringement traditionally has been a demonstration that consumers are likely to be confused by the use of a similar or identical trademark to identify the goods or services of another, a court-created doctrine called initial interest confusion allows liability for trademark infringement solely on the basis that a consumer might initially be interested, attracted, or distracted by a competitor's, or even a non-competitor's, product or service. Initial interest confusion is being used with increasing frequency, especially on the Internet, to shut down speech critical of trademark holders and their products and services, to prevent comparative …
Constitutional Ethnography: An Introduction, Kim Lane Scheppele
Constitutional Ethnography: An Introduction, Kim Lane Scheppele
All Faculty Scholarship
Constitutional ethnography is the study of the central legal elements of polities using methods that are capable of recovering the lived detail of the politico-legal landscape. This article provides an introduction to this sort of study by contrasting constitutional ethnography with multivariate analysis and with nationalist constitutional analysis. The article advocates not a universal one-size-fits-all theory or an elegant model that abstracts away the distinctive, but instead outlines an approach that can identify a set of repertoires found in real cases. Learning the set of repertoires that constitutional ethnography reveals, one can see more deeply into particular cases. Constitutional ethnography …