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Articles 31 - 60 of 252
Full-Text Articles in Law
Can You Watch Unenumerated Rights Drift?, Mark Tushnet
Can You Watch Unenumerated Rights Drift?, Mark Tushnet
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Regime Theory And Unenumerated Rights: A Cautionary Note, Barry Cushman
Regime Theory And Unenumerated Rights: A Cautionary Note, Barry Cushman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
All Faculty Scholarship
Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories of …
Rethinking Comity: Towards A Coherent Treatment Of International Parallel Proceedings , N. Jansen Calamita
Rethinking Comity: Towards A Coherent Treatment Of International Parallel Proceedings , N. Jansen Calamita
University of Pennsylvania Journal of International Law
No abstract provided.
Culture And Corporate Law Reform: A Case Study Of Brazil , Erica Gorga
Culture And Corporate Law Reform: A Case Study Of Brazil , Erica Gorga
University of Pennsylvania Journal of International Law
No abstract provided.
Oakwood Healthcare Inc., 348 N.L.R.B. No. 37 (2006): How Textualism Saved The Supervisory Exemption, Michael W. Hawkins, Shawn P. Burton
Oakwood Healthcare Inc., 348 N.L.R.B. No. 37 (2006): How Textualism Saved The Supervisory Exemption, Michael W. Hawkins, Shawn P. Burton
University of Pennsylvania Journal of Business Law
No abstract provided.
Sox, Statutory Interpretation, And The Seventh Amendment: Sarbanes-Oxley Act Whistleblower Claims And Jury Trials, Jarod S. Gonzalez
Sox, Statutory Interpretation, And The Seventh Amendment: Sarbanes-Oxley Act Whistleblower Claims And Jury Trials, Jarod S. Gonzalez
University of Pennsylvania Journal of Business Law
No abstract provided.
Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff
Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff
University of Pennsylvania Journal of Business Law
No abstract provided.
The Case Against Tipping, Yoram Margalioth
The Case Against Tipping, Yoram Margalioth
University of Pennsylvania Journal of Business Law
No abstract provided.
Our Nation's Forgotten Workers: The Unprotected Volunteers, Mitchell H. Rubinstein
Our Nation's Forgotten Workers: The Unprotected Volunteers, Mitchell H. Rubinstein
University of Pennsylvania Journal of Business Law
No abstract provided.
Personality Tests In Jeopardy: An Evaluation Of The Seventh Circuit's Decision In Karraker V. Rent-A-Center And Its Impact On The Future Use Of Personality Tests In Pre-Employment Screening, Jennifer Gonzales-Frisbie
Personality Tests In Jeopardy: An Evaluation Of The Seventh Circuit's Decision In Karraker V. Rent-A-Center And Its Impact On The Future Use Of Personality Tests In Pre-Employment Screening, Jennifer Gonzales-Frisbie
University of Pennsylvania Journal of Business Law
No abstract provided.
The Impact Of Open Source On Pre-Invention Assignment Contracts, Michael R. Mattioli
The Impact Of Open Source On Pre-Invention Assignment Contracts, Michael R. Mattioli
University of Pennsylvania Journal of Business Law
No abstract provided.
Foreword, Anthony Edward Falcone
Foreword, Anthony Edward Falcone
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Everything Is Enumerated: The Developmental Past And Future Of An Interpretive Problem, Ken L. Kersch
Everything Is Enumerated: The Developmental Past And Future Of An Interpretive Problem, Ken L. Kersch
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Answering Lara's Call: May Congress Place Nonmember Indians Within Tribal Jurisdiction Without Running Afoul Of Equal Protection Or Due Process Requirements?, Eric Wolpin
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Unconstitutional Vagueness And Restrictiveness In The Contextual Analysis Of The Obscenity Standard: A Critical Reading Of The Miller Test Genealogy, Javier Romero
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Interpreting Immunity, Chaim Saiman
Interpreting Immunity, Chaim Saiman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Traditional Sentencing Factors V. Elements Of An Offense: The Questionable Viability Of Almendarez-Torres V. United States, Amy Luria
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Keynote "Liberty": Enumerated Rights? Unenumerated Rights? Penumbral Rights? Other?, Louis H. Pollak
Keynote "Liberty": Enumerated Rights? Unenumerated Rights? Penumbral Rights? Other?, Louis H. Pollak
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
"To Pursue Any Lawful Trade Or Avocation": The Evolution Of Unenumerated Economic Rights In The Nineteenth Century, James W. Ely Jr.
"To Pursue Any Lawful Trade Or Avocation": The Evolution Of Unenumerated Economic Rights In The Nineteenth Century, James W. Ely Jr.
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Law And Limits: How Categories Construct Constitutional Meaning, Anthony Edward Falcone
Law And Limits: How Categories Construct Constitutional Meaning, Anthony Edward Falcone
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Poor Law: The Deficit Reduction Act's Citizenship Documentation Requirement For Medicaid Eligibility, Jacob Press
Poor Law: The Deficit Reduction Act's Citizenship Documentation Requirement For Medicaid Eligibility, Jacob Press
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The "Holey" Bonds Of Matrimony: A Constitutional Challenge To Burdensome Divorce Laws, Elizabeth Horowitz
The "Holey" Bonds Of Matrimony: A Constitutional Challenge To Burdensome Divorce Laws, Elizabeth Horowitz
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Locked Out: Locke V. Davey And The Broken Promise Of Equal Access, Richard F. Duncan
Locked Out: Locke V. Davey And The Broken Promise Of Equal Access, Richard F. Duncan
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Beyond Coercion: Justice Kennedy's Aversion To Animus, Steven Goldberg
Beyond Coercion: Justice Kennedy's Aversion To Animus, Steven Goldberg
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Original Meaning Of The Establishment Clause And The Impossibility Of Its Incorporation, Vincent Phillip Mufioz
The Original Meaning Of The Establishment Clause And The Impossibility Of Its Incorporation, Vincent Phillip Mufioz
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Reconciling The Supreme Court's Four Establishment Clauses, Steven G. Gey
Reconciling The Supreme Court's Four Establishment Clauses, Steven G. Gey
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Christianity And The (Modest) Rule Of Law, David A. Skeel Jr., William J. Stuntz
Christianity And The (Modest) Rule Of Law, David A. Skeel Jr., William J. Stuntz
All Faculty Scholarship
Conservative Christians are often accused, justifiably, of trying to impose their moral views on the rest of the population: of trying to equate God's law with man's law. In this essay, we try to answer the question whether that equation is consistent with Christianity. It isn't. Christian doctrines of creation and the fall imply the basic protections associated with the rule of law. But the moral law as defined in the Sermon on the Mount is flatly inconsistent with those protections. The most plausible inference to draw from those two conclusions is that the moral law - God's law - …
Constitutional Limitations On The Expansion Of Involuntary Civil Commitment For Violent And Dangerous Offenders, Justin Engel
Constitutional Limitations On The Expansion Of Involuntary Civil Commitment For Violent And Dangerous Offenders, Justin Engel
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
What Is Past Is Prelude: Newdow And The Evolution Of Thought On Religious Affirmations In Public Schools, Joan Delfattore
What Is Past Is Prelude: Newdow And The Evolution Of Thought On Religious Affirmations In Public Schools, Joan Delfattore
University of Pennsylvania Journal of Constitutional Law
No abstract provided.