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Full-Text Articles in Law

The American Pathology Of Inequitable Access To Medical Care, Allison K. Hoffman, Mark A. Hall Sep 2019

The American Pathology Of Inequitable Access To Medical Care, Allison K. Hoffman, Mark A. Hall

All Faculty Scholarship

What most defines access to health care in the United States may be its stark inequity. Daily headlines in top newspapers paint the highs and lows. Articles entitled: “We Mapped the Uninsured. You’ll notice a Pattern: They tend to live in the South, and they tend to be poor” and op-eds with titles like “Do Poor People Have a Right to Health Care?” and “What it’s Like to Be Black and Pregnant when you Know How Dangerous That Can Be” run side-by-side with headlines touting “The Operating Room of the Future, and advances in gene therapy that promise cures …


Due Process In International Antitrust Enforcement: An Idea Whose Time Has Come, Christopher S. Yoo Sep 2019

Due Process In International Antitrust Enforcement: An Idea Whose Time Has Come, Christopher S. Yoo

All Faculty Scholarship

The past year has witnessed an upsurge of international interest in due process in antitrust enforcement, reflected in two new comparative studies and International Competition Network’s (ICN’s) May 2019 adoption of its Recommended Practices for Investigative Process and Framework for Competition Agency Procedures and the Organization for Economic Cooperation and Development (OECD) Competition Committee’s discussion of the Draft Recommendation on Transparency and Procedural Fairness in Competition Law Enforcement in June 2019. This article reviews those developments, traces key differences among them, and looks ahead to what comes next.


Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson Apr 2019

Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson

All Faculty Scholarship

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized norms that …


Regulating E-Cigarettes: Why Policies Diverge, Eric A. Feldman Apr 2019

Regulating E-Cigarettes: Why Policies Diverge, Eric A. Feldman

All Faculty Scholarship

This paper, part of a festschrift in honor of Professor Malcolm Feeley, explores the landscape of e-cigarette policy globally by looking at three jurisdictions that have taken starkly different approaches to regulating e-cigarettes—the US, Japan, and China. Each of those countries has a robust tobacco industry, government agencies entrusted with protecting public health, an active and sophisticated scientific and medical community, and a regulatory structure for managing new pharmaceutical, tobacco, and consumer products. All three are signatories of the World Health Organization’s Framework Convention on Tobacco Control, all are signatories of the Agreement on Trade-Related Aspects of Intellectual Property Rights, …


Guiding Cases And Bureaucratization Of Judicial Precedents In China, Shucheng Wang Jan 2019

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 Jan 2019

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.


Masthead Jan 2019

Masthead

University of Pennsylvania Asian Law Review

No abstract provided.


What Do Chinese Clients Want?, Ji Li, Wei Zhang Jan 2019

What Do Chinese Clients Want?, Ji Li, Wei Zhang

University of Pennsylvania Asian Law Review

No abstract provided.


Masthead Jan 2019

Masthead

University of Pennsylvania Asian Law Review

No abstract provided.


The Court And The Legalisation Of Same-Sex Marriage: A Critical Analysis Of The Judicial Yuan Interpretation No. 748 [2017], David Kc Huang Jan 2019

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 Jan 2019

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 Jan 2019

Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan

University of Pennsylvania Asian Law Review

No abstract provided.


Dissenting Opinions Of Independent Directors In Taiwan: An Empirical Study, Hsin-Ti Chang Jan 2019

Dissenting Opinions Of Independent Directors In Taiwan: An Empirical Study, Hsin-Ti Chang

University of Pennsylvania Asian Law Review

No abstract provided.


A Look Into Traditional Chinese Administrative Law And Bureaucracy: Feeding The Emperor In Tang Dynasty China, Norman P. Ho Jan 2019

A Look Into Traditional Chinese Administrative Law And Bureaucracy: Feeding The Emperor In Tang Dynasty China, Norman P. Ho

University of Pennsylvania Asian Law Review

No abstract provided.


A Marine’S Murder Trial And The Drug War: The “Delicate Balance” Of Criminal Justice In The Philippines, Peter G. Strasser Jan 2019

A Marine’S Murder Trial And The Drug War: The “Delicate Balance” Of Criminal Justice In The Philippines, Peter G. Strasser

University of Pennsylvania Asian Law Review

No abstract provided.


China-Taiwan Relations Re-Examined: The "1992 Consensus" And Cross-Strait Agreements, Yu-Jie Chen, Jerome A. Cohen Jan 2019

China-Taiwan Relations Re-Examined: The "1992 Consensus" And Cross-Strait Agreements, Yu-Jie Chen, Jerome A. Cohen

University of Pennsylvania Asian Law Review

No abstract provided.


Designing R&D Incentives In Hong Kong, Noam Noked Jan 2019

Designing R&D Incentives In Hong Kong, Noam Noked

University of Pennsylvania Asian Law Review

No abstract provided.


Can Strategic Human Rights Litigation Complement Social Movements? A Case Study Of The Movement Against Racism And Hate Speech In Japan, Ayako Hatano Jan 2019

Can Strategic Human Rights Litigation Complement Social Movements? A Case Study Of The Movement Against Racism And Hate Speech In Japan, Ayako Hatano

University of Pennsylvania Asian Law Review

No abstract provided.


The Asean Way Or No Way? A Closer Look At The Absence Of A Common Rule On Intellectual Property Exhaustion In Asean And The Impact On The Asean Market, Irene Calboli Jan 2019

The Asean Way Or No Way? A Closer Look At The Absence Of A Common Rule On Intellectual Property Exhaustion In Asean And The Impact On The Asean Market, Irene Calboli

University of Pennsylvania Asian Law Review

No abstract provided.


Public Interest Lawyering In South Korea: Trends In Institutional Development And Future Sustainability, Patricia Goedde Jan 2019

Public Interest Lawyering In South Korea: Trends In Institutional Development And Future Sustainability, Patricia Goedde

University of Pennsylvania Asian Law Review

No abstract provided.


Private Law Statutory Interpretation, Shyamkrishna Balganesh Jan 2019

Private Law Statutory Interpretation, Shyamkrishna Balganesh

All Faculty Scholarship

This Essay is an attempt to describe the basis and consequences of the disconnect between private law and legislation, both for private law theorizing and legal thinking more generally. It does so by focusing on “private law statutes,” legislation that creates or modifies rights and obligations between parties in their private capacities. Private law statutes do more than merely create private causes of action. While they create private causes, they do so on the basis of principles that are specific to the horizontal interaction between parties, rather than entirely for public-regarding policy reasons. While statutes in the areas traditionally identified …