Law Commons^™

Interview With E. Norman Veasey, Andrew Edelstein, E. Norman Veasey, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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E. Norman Veasey (L '57) practiced at the firm of Richards, Layton & Finger from 1958 to 1992. In 1992 he was appointed Chief Justice of the Supreme Court of Delaware, where he served until 2004.

Interview With David Rudovsky, Lisa H. Hernandez, David Rudovsky, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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David Rudovsky, one of the nation’s leading civil rights and criminal defense attorneys, practices public interest law with the firm of Kairys, Rudovsky, Messing & Feinberg. He became a Senior Fellow at Penn Law in 1988 and teaches courses in Criminal Law, Constitutional Criminal Procedure and Evidence.

Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

Interview With Gilbert F. Casellas, Lake Srinivasan, Gilbert F. Casellas, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Gilbert F. Casellas (L '77) is a lawyer and businessman. He is Chairman of OMNITRU, a Washington, D.C. area investment and consulting firm, a director of Prudential Financial, trustee of the University of Pennsylvania, and advisor to Toyota Motor North America and Comcast Corporation. He is a member of the Council on Foreign Relations and the American Law Institute. From 1994 to 1998 he served as chair of the Equal Employment Opportunity Commission.

Interview With Regina Austin, Randy Lee, Regina Austin, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Regina Austin (L '73), William A. Schnader Professor of Law at the University of Pennsylvania, pursues her interest in the overlapping burdens of race, gender, and class oppression in traditional legal scholarship, as well as in her work on documentary films. She is the director of the Penn Program on Documentaries & the Law, which holds an annual Visual Legal Advocacy Roundtable for public interest lawyers, hosts screenings of law-genre documentary films throughout the year, and maintains a national repository of dozens of clemency videos as …

Interview With Judge Arlin M. Adams, Sarah Barringer Gordon, Arlin M. Adams, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Arlin M. Adams (L '47) served as a justice of the United States Court of Appeals for the Third Circuit from 1969 until his retirement in 1987, when he returned to private practice. He was later involved in a number of significant legal cases. He died in 2015.

The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Interview With Judge Dolores Sloviter, Catharine L. Krieps, Dolores Sloviter, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Dolores Sloviter (L '56) is a Senior Judge of the United States Court of Appeals for the Third Circuit. She is the first woman appointed to that court and the only woman to have served as its Chief Judge.

Interview With Curtis Reitz, Scott White, Curtis R. Reitz, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Curtis R. Reitz (L' 56)is the Algernon Sydney Biddle Professor, Emeritus of Law at the University of Pennsylvania Law School. He has represented Pennsylvania for 25 years in the National Conference of Commissioners on Uniform State Laws, and is chair of the Conference's Committee on International Legal Developments. He also participated in the recent revision of the Uniform Commercial Code.

Coercing Privacy, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Threats And Preemptive Practices, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

On Hate And Equality, Alon Harel, Gideon Parchomovsky

All Faculty Scholarship

Hate crime legislation has sparked substantial political controversy and scholarly discussion. Existing justifications for hate crime legislation proceed on the premise that the rationale supporting such legislation must be found either in the greater gravity of the wrongdoing involved or in the perpetrator's greater degree of culpability. This premise stems from a fundamental theory that dominates criminal law scholarship: the wrongfulness-culpability hypothesis. The wrongfulness-culpability hypothesis posits that the only two grounds that may justify disparate treatment of offenses are the greater wrongfulness of the act or the greater culpability of the perpetrator. Yet, all attempts to demonstrate that hate crimes …

Filters And The First Amendment, R. Polk Wagner

All Faculty Scholarship

Internet content filters -- promising a technological solution to the uniquely social problem of widespread availability of adults-only content on the Internet -- appear to shift the debate over control of "cyberporn" from the legislative to the technical. Yet a growing number of commentators are expressing serious reservations about the free speech implications of filters. In this Article, I note that the ever-changing relationship between technology, network economics, and legal doctrine in the new economic and ideological marketplace of Cyberspace will fundamentally impact any constitutional analysis. I argue that the existing literature's analytic reliance on expansive concepts of state action …

Is There A Caring Crisis?, Amy L. Wax

All Faculty Scholarship

No abstract provided.

The Scope Of Private Securities Litigation: In Search Of Liability Standards For Secondary Defendants, Jill E. Fisch

All Faculty Scholarship

Recent federal court decisions have struggled to apply the Supreme Court's decision in Central Bank v. First Interstate to determine when outside professionals should be held liable as primary violators under section IO(b) of the Securities Exchange Act. In keeping with the Court's current interpretive methodology, Central Bank and its progeny employ a textualist approach. In this Article, Professor Fisch argues that literal textualism is an inappropriate approach for interpreting the federal securities laws generally and misguided in light of legislative developments post-dating the Central Bank decision. Instead, Professor Fisch advocates an approach that weighs Congress 's recent endorsement of …

Speaking Truth To Powerlessness, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Effect Of Offer-Of-Settlement Rules On The Terms Of Settlement, Lucian Arye Bebchuk, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Assignments Of International Interests In Mobile Equipment And Related Receivables Under The Unidroit Convention: When Should The Tail Wag The Dog?, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

The Architecture Of Judicial Independence, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz

All Faculty Scholarship

Economists and philosophers working on problems of rational choice have for some time been concerned with various puzzles raised by so-called "Ullysean" configurations: actors who rationally cause themselves to act irrationally. (e.g., the person who swallows Thomas Schelling's famous irrationality pill to preempt an attempted robbery). What has attracted less attention is that these configurations present fascinating problems for morality, most especially for non-consequentialist morality. This article undertakes the exploration of some of these problems and the implications they hold for the morality of preemptive detention, preemptive self-defense, the creation of prophylactic crimes (like our drug laws) and a variety …

Lying To Protect Privacy, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The Market Revolution In Bank And Insurance Firm Governance: Its Logic And Limits, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

The Genius Of The 1898 Bankruptcy Act, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Discrimination As Accident, Amy L. Wax

All Faculty Scholarship

This Article seeks to examine how the law should respond to unconscious or automatic forms of cognitive bias that are thought to produce less favorable treatment of employees in the workplace because of race or sex ("unconscious disparate treatment"). Assuming that inadvertent bias is a form of workplace "accident," and using familiar principles of accident law and economic analysis, the Article concludes that extending the framework created by existing anti-discrimination laws to cover disparate treatment that stems from unconscious group-based biases is not a good idea because it is unlikely to serve the principal goals of a liability scheme (deterrence, …

How Successful Was The Revision Of Ucc Article 9?: Reflections Of The Reporters, Steven L. Harris, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin

All Faculty Scholarship

No abstract provided.

Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics, Freedom, And Legal Suppression Of Spanish, William W. Bratton, Drucilla L. Cornell

All Faculty Scholarship

No abstract provided.