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Articles 1 - 30 of 259
Full-Text Articles in Law
The Coase Theorem And Arthur Cecil Pigou, Herbert J. Hovenkamp
The Coase Theorem And Arthur Cecil Pigou, Herbert J. Hovenkamp
All Faculty Scholarship
In "The Problem of Social Cost" Ronald Coase was highly critical of the work of Cambridge University Economics Professor Arthur Cecil Pigou, presenting him as a radical government interventionist. In later work Coase's critique of Pigou became even more strident. In fact, however, Pigou's Economics of Welfare created the basic model and many of the tools that Coase's later work employed. Much of what we today characterize as the "Coase Theorem," including the relevance of transaction costs, externalities, and bilateral monopoly, was either stated or anticipated in Pigou's work. Further, Coase's extreme faith in private bargaining led him to fail …
Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash
Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash
All Faculty Scholarship
The U.S. Environmental Protection Agency (EPA) has established numerous voluntary environmental programs over the last fifteen years, seeking to encourage businesses to make environmental progress beyond what current law requires them to achieve. EPA aims to induce beyond-compliance behavior by offering various forms of recognition and rewards, including relief from otherwise applicable environmental regulations. Despite EPA's emphasis on voluntary programs,relatively few businesses have availed themselves of these programs -- and paradoxically, the programs that offer the most significant regulatory benefits tend to have the fewest members. We explain this paradox by focusing on (a) how programs'membership screening corresponds with membership …
Idealized Into Powerlessness: How A Judicial Order In Nebraska V. Safi Could Send Women’S Rights Back To Colonial America, Erin P. Davenport
Idealized Into Powerlessness: How A Judicial Order In Nebraska V. Safi Could Send Women’S Rights Back To Colonial America, Erin P. Davenport
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Our “Rights Are Not Cast Un Stone”: Post-Katrina Environmental “Red-Lining” And The Need For A Board-Based Human Right Lawyering Movement, Amy Laura Cahn
Our “Rights Are Not Cast Un Stone”: Post-Katrina Environmental “Red-Lining” And The Need For A Board-Based Human Right Lawyering Movement, Amy Laura Cahn
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Prison Health Care, Political Choice, And The Accidental Death Penalty, Elizabeth Alexander
Prison Health Care, Political Choice, And The Accidental Death Penalty, Elizabeth Alexander
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Prolonged Solitary Confinement And The Constitution, Jules Lobel
Prolonged Solitary Confinement And The Constitution, Jules Lobel
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Opening A Window Or Building A Wall? The Effect Of Eighth Amendment Death Penalty Law And Advocacy On Criminal Justice More Broadly, Carol S. Steiker, Jordan M. Steiker
Opening A Window Or Building A Wall? The Effect Of Eighth Amendment Death Penalty Law And Advocacy On Criminal Justice More Broadly, Carol S. Steiker, Jordan M. Steiker
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Desert And The Eighth Amendment, Youngjae Lee
Desert And The Eighth Amendment, Youngjae Lee
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Toward A Unified Theory Of Access To Local Telephone Systems, Daniel F. Spulber, Christopher S. Yoo
Toward A Unified Theory Of Access To Local Telephone Systems, Daniel F. Spulber, Christopher S. Yoo
All Faculty Scholarship
One of the most distinctive developments in telecommunications policy over the past few decades has been the increasingly broad array of access requirements regulatory authorities have imposed on local telephone providers. In so doing, policymakers did not fully consider whether the justifications for regulating telecommunications remained valid. They also allowed each access regime to be governed by its own pricing methodology and set access prices in a way that treated each network component as if it existed in isolation. The result was a regulatory regime that was internally inconsistent, vulnerable to regulatory arbitrage, and unable to capture the interactions among …
Laboratories Of Destitution: Democratic Experimentalism And The Failure Of Antipoverty Law , David A. Super
Laboratories Of Destitution: Democratic Experimentalism And The Failure Of Antipoverty Law , David A. Super
University of Pennsylvania Law Review
No abstract provided.
The Failure To Achieve Fairness: Race And Poverty Continue To Influence Who Dies, Stephen B. Bright
The Failure To Achieve Fairness: Race And Poverty Continue To Influence Who Dies, Stephen B. Bright
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay
Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Masthead, Editors
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin
The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Caging Careless Birds: Examining Dangers Posed By The Willful Blindness Doctrine In The War On Terror, Shawn D. Rodriguez
Caging Careless Birds: Examining Dangers Posed By The Willful Blindness Doctrine In The War On Terror, Shawn D. Rodriguez
University of Pennsylvania Journal of International Law
No abstract provided.
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard S. Frase
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard S. Frase
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Civil Rights For Victims Of Human Trafficking , Henry Andres Yoder
Civil Rights For Victims Of Human Trafficking , Henry Andres Yoder
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Incurable Or Remediable - Clues To Undoing The Gordian Knot Tied By Intellectual Property Rights Enforcement In China , Wei Shi
University of Pennsylvania Journal of International Law
No abstract provided.
Evaluating Institutional Prisoners' Rights Litigation: Costs And Benefits And Federalism Considerations, Sarah Vandenbraak Hart
Evaluating Institutional Prisoners' Rights Litigation: Costs And Benefits And Federalism Considerations, Sarah Vandenbraak Hart
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Property Rights And Development: The Contingent Case For Formalization , Michael Trebilcock, Paul-Erik Veel
Property Rights And Development: The Contingent Case For Formalization , Michael Trebilcock, Paul-Erik Veel
University of Pennsylvania Journal of International Law
No abstract provided.
Saving Lives Through Administrative Law And Economics , John D. Graham
Saving Lives Through Administrative Law And Economics , John D. Graham
University of Pennsylvania Law Review
No abstract provided.
Immigration Law's Organizing Principles , Adam B. Cox
Immigration Law's Organizing Principles , Adam B. Cox
University of Pennsylvania Law Review
No abstract provided.
Federal Hate Crime Laws And United States V. Lopez: On A Collission Course To Clarify Jurisdictional-Element Analysis, Christopher Dipompeo
Federal Hate Crime Laws And United States V. Lopez: On A Collission Course To Clarify Jurisdictional-Element Analysis, Christopher Dipompeo
University of Pennsylvania Law Review
No abstract provided.
Mapping The Limits Of Repatriable Cultural Heritage: A Case Study Of Stolen Flemish Art In French Museums, Paige S. Goodwin
Mapping The Limits Of Repatriable Cultural Heritage: A Case Study Of Stolen Flemish Art In French Museums, Paige S. Goodwin
University of Pennsylvania Law Review
No abstract provided.
Judicial Fact-Finding At Sentencing, Stephanos Bibas
Judicial Fact-Finding At Sentencing, Stephanos Bibas
All Faculty Scholarship
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New Jersey, Blakely v. Washington, and United States v. Booker to limit judges' ability to find facts at sentencing. Paradoxically, the much-criticized Federal Sentencing Guidelines have survived; a line of cases that began as an effort to restore juries' role has turned into a guarantor of judicial discretion; and the doctrine has quickly moved far from its Sixth Amendment roots to a policy balancing test. The Court could instead have pursued a different, more fruitful path. The Court did not have to force sentencing factors into …
The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo
The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo
All Faculty Scholarship
On April 18-19, 2008, the University of Pennsylvania Law School hosted a landmark conference on “The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective.” This conference was the first major event for Penn’s newly established Center for Technology, Innovation, and Competition, a research institute committed to promoting basic research into foundational frameworks that will shape the way policymakers think about technology-related issues in the future. The breakup of AT&T represents an ideal starting point for reexamining the major themes of telecommunications policy that have emerged over the past quarter century. The conference featured a keynote address by …
World Bank Grants In A Changed World Order: How Do We Referee This New Paradigm, Sophie Smyth
World Bank Grants In A Changed World Order: How Do We Referee This New Paradigm, Sophie Smyth
University of Pennsylvania Journal of International Law
No abstract provided.
Confronting The Sacred And Unchangeable: The Obligation To Modify Cultural Patterns Under The Women's Discrimination, Elizabeth Sepper
Confronting The Sacred And Unchangeable: The Obligation To Modify Cultural Patterns Under The Women's Discrimination, Elizabeth Sepper
University of Pennsylvania Journal of International Law
No abstract provided.
A Shield For The Knights Of Humanity: The Icc Should Adopt A Humanitarian Necessity Defense To The Crime Of Aggression, Christopher P. Denicola
A Shield For The Knights Of Humanity: The Icc Should Adopt A Humanitarian Necessity Defense To The Crime Of Aggression, Christopher P. Denicola
University of Pennsylvania Journal of International Law
No abstract provided.
The Taxation Of Private Equity Carried Interests: Estimating The Revenue Effects Of Taxing Profit Interests As Ordinary Income, Michael S. Knoll
The Taxation Of Private Equity Carried Interests: Estimating The Revenue Effects Of Taxing Profit Interests As Ordinary Income, Michael S. Knoll
All Faculty Scholarship
In this Article, I estimate the tax revenue effects of taxing private equity carried interests as ordinary income rather than as long-term capital gain as under current law. Under reasonable assumptions, I conclude that the expected present value of additional tax collections would be between 1 percent and 1.5 percent of capital invested in private equity funds, or between $2 billion and $3 billion a year. That estimate, however, makes no allowance for changes in the structure of such funds or the composition of the partnerships, which might substantially reduce tax revenues below those estimates.