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Articles 1 - 30 of 158
Full-Text Articles in Law
The Constitutional Problems With The Election Of Amtrak’S President, Aaron Kahen
The Constitutional Problems With The Election Of Amtrak’S President, Aaron Kahen
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Hybrid Nature Of The Property Clause: Implications For Judicial Review Of National Monument Reductions, Lance F. Sorenson
The Hybrid Nature Of The Property Clause: Implications For Judicial Review Of National Monument Reductions, Lance F. Sorenson
University of Pennsylvania Journal of Constitutional Law
In the recurring and contentious debates regarding the President’s authority to declare (and perhaps rescind) National Monuments, both those who argue for an expansive authority and those who favor restricted authority treat the Antiquities Act as a delegation of legislative power; they only disagree on whether the delegation is appropriate or, in the case of rescission, whether a delegation exists at all. However, this framework is wrong. The Property Clause is not strictly a legislative power. Rather, it is a hybrid; rulemaking power is interspersed with an administrative one—the power to manage property. The Supreme Court has recognized this distinction …
On The Senate’S Purported Constitutional Duty To Meaningfully Consider Presidential Nominees To The Supreme Court Of The United States: A Response To Chief Judge Peter J. Eckerstrom, Seth Barrett Tillman
On The Senate’S Purported Constitutional Duty To Meaningfully Consider Presidential Nominees To The Supreme Court Of The United States: A Response To Chief Judge Peter J. Eckerstrom, Seth Barrett Tillman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Yes, The Senate Elevated Partisan Political Goals Over Constitutional Text When It Refused To Consider President Obama’S Nominee To Replace Justice Scalia, Peter J. Eckerstrom
Yes, The Senate Elevated Partisan Political Goals Over Constitutional Text When It Refused To Consider President Obama’S Nominee To Replace Justice Scalia, Peter J. Eckerstrom
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Neglecting Nationalism, Gil Seinfeld
Neglecting Nationalism, Gil Seinfeld
University of Pennsylvania Journal of Constitutional Law
Federalism is a system of government that calls for the division of power between a central authority and member states. It is designed to secure benefits that flow from centralization and from devolution, as well as benefits that accrue from a simultaneous commitment to both. A student of modern American federalism, however, might have a very different impression, for significant swaths of the case law and scholarly commentary on the subject neglect the centralizing, nationalist side of the federal balance. This claim may come as a surprise, since it is obviously the case that our national government has become immensely …
Machine Learning Evidence: Admissibility And Weight, Patrick W. Nutter
Machine Learning Evidence: Admissibility And Weight, Patrick W. Nutter
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Fisher’S Forewarning: Using Data To Normalize College Admissions, Shakira D. Pleasant
Fisher’S Forewarning: Using Data To Normalize College Admissions, Shakira D. Pleasant
University of Pennsylvania Journal of Constitutional Law
This Article presents a nuanced view of Fisher v. University of Texas that has largely been ignored in mainstream discourse in the case. In Fisher, Justice Anthony Kennedy cast the deciding vote to uphold the University of Texas (“UT”) race-conscious admissions policy. This was the first time that Justice Kennedy voted to uphold a race-conscious policy, and many commentators have focused on this aspect of his Fisher majority opinion. However, Justice Kennedy also gave a stern forewarning to UT and other universities: in the future, they better have strong data to show that they need to use race-conscious admissions. …
Big Data And The Right To Political Participation, Michal Saliternik
Big Data And The Right To Political Participation, Michal Saliternik
University of Pennsylvania Journal of Constitutional Law
In recent years, the big data revolution has rapidly expanded from the private to the public sector. Today, government authorities at all levels analyze mass amounts of digital data produced by citizens and use it to inform their policy choices in such diverse areas as healthcare, education, transportation, and urban planning. Proponents of this trend assert that it not only yields better policies, but also facilitates political participation by allowing more people to influence governmental decisions at a low cost and with little effort.
This Article argues, however, that the political participation that big data analysis currently enables is flawed …
Ministerial Magic: Tax-Free Housing And Religious Employers, Bridget J. Crawford, Emily Gold Waldman
Ministerial Magic: Tax-Free Housing And Religious Employers, Bridget J. Crawford, Emily Gold Waldman
JCL Online
No abstract provided.
Solitary Confinement In America, Andrew Leon Hanna
Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna
Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna
JCL Online
No abstract provided.
Race-Conscious Admissions, Diversity, And Academic Freedom, Vinay Harpalani
Race-Conscious Admissions, Diversity, And Academic Freedom, Vinay Harpalani
JCL Online
No abstract provided.
Guiding Cases And Bureaucratization Of Judicial Precedents In China, Shucheng Wang
Guiding Cases And Bureaucratization Of Judicial Precedents In China, Shucheng Wang
University of Pennsylvania Asian Law Review
No abstract provided.
Formulating The Korean Supreme Court’S Stature And Roles: With A Focus On The Relationship Between Legislation And Precedents, Justice Jae Hyung Kim, I.Y. Joseph Cho
Formulating The Korean Supreme Court’S Stature And Roles: With A Focus On The Relationship Between Legislation And Precedents, Justice Jae Hyung Kim, I.Y. Joseph Cho
University of Pennsylvania Asian Law Review
No abstract provided.
What Do Chinese Clients Want?, Ji Li, Wei Zhang
What Do Chinese Clients Want?, Ji Li, Wei Zhang
University of Pennsylvania Asian Law Review
No abstract provided.
Masthead
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Masthead
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Health Justice For Immigrants, Medha D. Makhlouf
Health Justice For Immigrants, Medha D. Makhlouf
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Structural Analysis Of Article V: The Constitutionality Of A Limited Convention To Propose Amendments, Damian O'Sullivan
Structural Analysis Of Article V: The Constitutionality Of A Limited Convention To Propose Amendments, Damian O'Sullivan
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Present Constitutional Status Of Solitary Confinement, Andrew Leon Hanna
The Present Constitutional Status Of Solitary Confinement, Andrew Leon Hanna
JCL Online
No abstract provided.
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
University of Pennsylvania Journal of Law and Public Affairs
American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This Article takes a different tack by studying the Federal Communications Commission (FCC) and its predecessor the Federal Radio Commission (FRC), an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished …
Providing Optimal Value To Energy Consumers Through Microgrids, Gregory T. Bischoping
Providing Optimal Value To Energy Consumers Through Microgrids, Gregory T. Bischoping
University of Pennsylvania Journal of Law and Public Affairs
Microgrids are an increasingly popular means of making a smaller, smarter, cleaner, and more resilient energy grid. When Superstorm Sandy hit the northeast states, a few microgrids continued to provide their constituents with energy for weeks while the rest of the grid was down. Microgrids typically involve small-scale energy generation coupled with nearby storage and distribution, and are connected to, but capable of disconnecting from, the macrogrid during a power outage.
This Comment will analyze the economics of microgrids, focusing on the necessity of effective cost-benefit analyses. In order to allow for the development of microgrids, regulators should create appropriate …
The Court And The Legalisation Of Same-Sex Marriage: A Critical Analysis Of The Judicial Yuan Interpretation No. 748 [2017], David Kc Huang
The Court And The Legalisation Of Same-Sex Marriage: A Critical Analysis Of The Judicial Yuan Interpretation No. 748 [2017], David Kc Huang
University of Pennsylvania Asian Law Review
No abstract provided.
Building Intellectual Property Infrastructure Along China’S Belt And Road, Peter K. Yu
Building Intellectual Property Infrastructure Along China’S Belt And Road, Peter K. Yu
University of Pennsylvania Asian Law Review
No abstract provided.
Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan
Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan
University of Pennsylvania Asian Law Review
No abstract provided.
Marijuana Legalization In The United States: A Social Injustice, Kevin Sabet, Will Jones
Marijuana Legalization In The United States: A Social Injustice, Kevin Sabet, Will Jones
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Addiction As Capabilities Failure, Jennifer Prah Ruger, Kara Zhang
Addiction As Capabilities Failure, Jennifer Prah Ruger, Kara Zhang
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
The Shortcomings Of Title Vii For The Black Female Plaintiff, Yvette N. A. Pappoe
The Shortcomings Of Title Vii For The Black Female Plaintiff, Yvette N. A. Pappoe
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Regulating Space Debris As Separate From Space Objects, Arpit Gupta
Regulating Space Debris As Separate From Space Objects, Arpit Gupta
University of Pennsylvania Journal of International Law
No abstract provided.
The Right To Health In Latin America: The Challenges Of Constructing Fair Limits, Alicia Ely Yamin
The Right To Health In Latin America: The Challenges Of Constructing Fair Limits, Alicia Ely Yamin
University of Pennsylvania Journal of International Law
No abstract provided.