Law Commons^™

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

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

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

For transcript, click the Download button above. For video index, click the link below.

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.

Crazy Reasons, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii

All Faculty Scholarship

Choice of law is a mess. That much has become a truism. It is a "dismal swamp," a morass of confusion, a body of doctrine "killed by a realism intended to save it," and now "universally said to be a disaster." One way to demonstrate its tribulations would be to look at the academic dissensus and the hopelessly underdeterminative Restatement (Second) of Conflict of Laws. Another would be to examine the Supreme Court's abdication of the task of articulating constitutional constraints on state choice-of-law rules. This article will do both. At the outset, though, I want to suggest that one …

The Myth Of Private Ordering: Rediscovering Legal Realism In Cyberspace, Margaret Jane Radin, R. Polk Wagner

All Faculty Scholarship

While Cyberspace is, by now, well-recognized as a social and commercial environment of great promise, there is considerable debate about the form of governance that will best meet the needs of this new medium. Much of the present discussion casts this debate in stark terms?"top-down" hierarchical rules versus spontaneous "bottom-up" coordination?with self-ordering based on contracts and private agreements rather than public laws appearing both preferable and more likely to evolve. Following up on arguments presented by Professors Fisher and Elkin-Koren in this symposium, Radin and Wagner point out that the dichotomy between top-down and bottom-up obscures that a self-ordering regime …

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.

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

All Faculty Scholarship

No abstract provided.

Is There Justice In Children's Rights?: The Critique Of Federal Family Preservation Policy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

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.

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.

Jurisdiction To Adjudicate: End Of The Century Or Beginning Of The Millennium?, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen

All Faculty Scholarship

No abstract provided.

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.

A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii

All Faculty Scholarship

The article analyzes the question of the retroactive effect of judicial decisions. It surveys the history of retroactivity doctrine to demonstrate that the current approach to retroactivity jurisprudence is a consequence of the Warren Court's adoption of the principle that parties should be governed by the law in effect at the time of their actions. This principle leads to a theoretical framework that suffers from serious difficulties. In particular, it is unable to distinguish between cases presented on direct and collateral review, and consequently unable to reach a satisfactory treatment of habeas petitions based on changes in law. The article …

Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax

All Faculty Scholarship

No abstract provided.

Poverty, Race, And New Directions In Child Welfare Policy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Waiting For The Omelet To Set: Match-Specific Assets And Minority Oppression In The Close Corporation, Edward B. Rock, Michael L. Wachter

All Faculty Scholarship

No abstract provided.

The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick

All Faculty Scholarship

No abstract provided.

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.

The Medium Is The Mistake: The Law Of Software For The First Amendment, R. Polk Wagner

All Faculty Scholarship

Is computer software ? code written by humans that instructs a computer to perform certain tasks ? protected by the First Amendment? The answer to this question will significantly impact the course of future technological regulation, and will affect the scope of free expression rights in new media. In this note, I attempt to establish a framework for analysis, noting at the outset that the truly important question in this context is the threshold question: what is "speech or . . . the press"? I first describe two general ways that the Supreme Court has addressed the threshold question. One …

Threats And Preemptive Practices, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

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

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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 …

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

All Faculty Scholarship

No abstract provided.

Neither Desert Nor Disease, Stephen J. Morse

All Faculty Scholarship

No abstract provided.