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University of Pennsylvania Carey Law School

University of Pennsylvania Law Review

Journal

2019

Articles 1 - 30 of 35

Full-Text Articles in Law

Central Clearing Of Financial Contracts: Theory And Regulatory Implications, Steven L. Schwarcz Jan 2019

Central Clearing Of Financial Contracts: Theory And Regulatory Implications, Steven L. Schwarcz

University of Pennsylvania Law Review

No abstract provided.


Ineffective Assistance Of Padilla: Effectuating The Constitutional Right To Crimmigration Counsel, Greta A. Wiessner Jan 2019

Ineffective Assistance Of Padilla: Effectuating The Constitutional Right To Crimmigration Counsel, Greta A. Wiessner

University of Pennsylvania Law Review

No abstract provided.


School Vouchers, Special Education, And The Supreme Court, Aaron Tang Jan 2019

School Vouchers, Special Education, And The Supreme Court, Aaron Tang

University of Pennsylvania Law Review

No abstract provided.


Digital Switzerlands, Kristen E. Eichensehr Jan 2019

Digital Switzerlands, Kristen E. Eichensehr

University of Pennsylvania Law Review

No abstract provided.


The Interior Structure Of Immigration Enforcement, Eisha Jain Jan 2019

The Interior Structure Of Immigration Enforcement, Eisha Jain

University of Pennsylvania Law Review

No abstract provided.


Libertarian Gun Control, Ian Ayres, Fredrick E. Vars Jan 2019

Libertarian Gun Control, Ian Ayres, Fredrick E. Vars

University of Pennsylvania Law Review

No abstract provided.


Copyright And Reality, Sarah Smith Jan 2019

Copyright And Reality, Sarah Smith

University of Pennsylvania Law Review

No abstract provided.


The Logic Of Experience: The Role Of History In Recognizing Public Rights Of Access Under The First Amendment, Shira Poliak Jan 2019

The Logic Of Experience: The Role Of History In Recognizing Public Rights Of Access Under The First Amendment, Shira Poliak

University of Pennsylvania Law Review

No abstract provided.


Reviewing Refusal: Lethal Injection, The Fda, And The Courts, Andrew Shi Jan 2019

Reviewing Refusal: Lethal Injection, The Fda, And The Courts, Andrew Shi

University of Pennsylvania Law Review

No abstract provided.


The Progressive Idea Of Democratic Administration, William J. Novak Jan 2019

The Progressive Idea Of Democratic Administration, William J. Novak

University of Pennsylvania Law Review

No abstract provided.


Administrative Constitutionalism And The Northwest Ordinance, Gregory Ablavsky Jan 2019

Administrative Constitutionalism And The Northwest Ordinance, Gregory Ablavsky

University of Pennsylvania Law Review

No abstract provided.


New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration, Jeremy K. Kessler Jan 2019

New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration, Jeremy K. Kessler

University of Pennsylvania Law Review

No abstract provided.


Balancing Versus Structured Decision Procedures: Antitrust, Title Vii Disparate Impact, And Constitutional Law Strict Scrutiny, Louis Kaplow Jan 2019

Balancing Versus Structured Decision Procedures: Antitrust, Title Vii Disparate Impact, And Constitutional Law Strict Scrutiny, Louis Kaplow

University of Pennsylvania Law Review

No abstract provided.


The Amorphous Student‐University Contract: Origins, Development, And The Need For State Oversight, Sam Michale Jan 2019

The Amorphous Student‐University Contract: Origins, Development, And The Need For State Oversight, Sam Michale

University of Pennsylvania Law Review

No abstract provided.


The Privacy Interest In Property, Abraham Bell, Gideon Parchomovsky Jan 2019

The Privacy Interest In Property, Abraham Bell, Gideon Parchomovsky

University of Pennsylvania Law Review

Once upon a time, there existed a clear nexus between property and privacy. Protection of property rights was an important safeguard against intrusions of the privacy interests of owners both by the government and by private actors. Gradually, however, the symbiotic relationship between privacy and property has been forgotten by scholars and policymakers and fallen into oblivion.

In this Article, we seek to restore the centrality of privacy in property law by making two novel contributions – one descriptive and one normative. Descriptively, we demonstrate that concerns for privacy inform, at times implicitly, many important property doctrines. Indeed, we show …


The Birth Certificate Solution: Ensuring The Interstate Recognition Of Same-Sex Parentage, Anna Marie D'Ginto Jan 2019

The Birth Certificate Solution: Ensuring The Interstate Recognition Of Same-Sex Parentage, Anna Marie D'Ginto

University of Pennsylvania Law Review

No abstract provided.


Similar Secrets, Joseph P. Fishman, Deepa Varadarajan Jan 2019

Similar Secrets, Joseph P. Fishman, Deepa Varadarajan

University of Pennsylvania Law Review

No abstract provided.


Administrative Constitutionalism At The "Borders Of Belonging": Drawing On History To Expand The Archive And Change The Lens, Karen M. Tani Jan 2019

Administrative Constitutionalism At The "Borders Of Belonging": Drawing On History To Expand The Archive And Change The Lens, Karen M. Tani

University of Pennsylvania Law Review

Research on administrative constitutionalism has generally come out of law schools, from scholars specializing in public law. A limitation of the existing scholarship is its relatively thin empirical foundation. Administrative constitutionalism is hard to see because much of what administrators do is hard to see, and because the significance of some administrative interpretations only becomes apparent over time. This Article expands the archive, by alerting legal scholars to fine-grained historical research on Americans’ encounters with administrative agencies. This body of work—coming largely out of history departments—is particularly attentive to the experiences of marginalized and non-elite populations. And although the historians …


The Sixth Amendment Façade: The Racial Evolution Of The Right To Counsel, Shaun Ossei-Owusu Jan 2019

The Sixth Amendment Façade: The Racial Evolution Of The Right To Counsel, Shaun Ossei-Owusu

University of Pennsylvania Law Review

No abstract provided.


Icwa And The Unwed Father: A Constitutional Corrective, Taylor Dow Jan 2019

Icwa And The Unwed Father: A Constitutional Corrective, Taylor Dow

University of Pennsylvania Law Review

No abstract provided.


Dialogic Due Process, Jason Parkin Jan 2019

Dialogic Due Process, Jason Parkin

University of Pennsylvania Law Review

No abstract provided.


New Legal Problems, Old Legal Solutions: Bailment Theory As The Baseline Data Security Standard Of Care Owed To An Opponent's Data In Discovery, William Larosa Jan 2019

New Legal Problems, Old Legal Solutions: Bailment Theory As The Baseline Data Security Standard Of Care Owed To An Opponent's Data In Discovery, William Larosa

University of Pennsylvania Law Review

No abstract provided.


Presidential Constitutionalism And Marriage Equality, William N. Eskridge Jr. Jan 2019

Presidential Constitutionalism And Marriage Equality, William N. Eskridge Jr.

University of Pennsylvania Law Review

No abstract provided.


Municipal Administrative Constitutionalism: The New York City Commission On Human Rights, Foreign Policy, And The First Amendment, Joanna L. Grisinger Jan 2019

Municipal Administrative Constitutionalism: The New York City Commission On Human Rights, Foreign Policy, And The First Amendment, Joanna L. Grisinger

University of Pennsylvania Law Review

No abstract provided.


The Faith Of My Fathers, Robert H. Jackson, John Q. Barrett Jan 2019

The Faith Of My Fathers, Robert H. Jackson, John Q. Barrett

University of Pennsylvania Law Review

No abstract provided.


Anti-Libel Injunctions, Eugene Volokh Jan 2019

Anti-Libel Injunctions, Eugene Volokh

University of Pennsylvania Law Review

No abstract provided.


Doubting Domestic Violence Survivors' Credibility And Dismissing Their Experiences, Deborah Epstein, Lisa A. Goodman Jan 2019

Doubting Domestic Violence Survivors' Credibility And Dismissing Their Experiences, Deborah Epstein, Lisa A. Goodman

University of Pennsylvania Law Review

No abstract provided.


Data-Driven Originalism, Thomas R. Lee, James C. Phillips Jan 2019

Data-Driven Originalism, Thomas R. Lee, James C. Phillips

University of Pennsylvania Law Review

No abstract provided.


The Corporate Practice Of Gerrymandering The Voting Rights Of Common Stockholders And The Case For Measured Reform, Benjamin J. Barocas Jan 2019

The Corporate Practice Of Gerrymandering The Voting Rights Of Common Stockholders And The Case For Measured Reform, Benjamin J. Barocas

University of Pennsylvania Law Review

No abstract provided.


Police Disciplinary Appeals, Stephen Rushin Jan 2019

Police Disciplinary Appeals, Stephen Rushin

University of Pennsylvania Law Review

No abstract provided.