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Articles 151 - 180 of 241
Full-Text Articles in Law
Arbitration, Conciliation, And The Islamic Legal Tradition In Saudi Arabia, George Sayen
Arbitration, Conciliation, And The Islamic Legal Tradition In Saudi Arabia, George Sayen
University of Pennsylvania Journal of International Law
No abstract provided.
Corporate Policy And The Coherence Of Delaware Takeover Law, Richard E. Kihlstrom, Michael L. Wachter
Corporate Policy And The Coherence Of Delaware Takeover Law, Richard E. Kihlstrom, Michael L. Wachter
University of Pennsylvania Law Review
No abstract provided.
The Role Of Deterrence In The Formulation Of Criminal Law Rules: At Its Worst When Doing Its Best, Paul H. Robinson, John M. Darley
The Role Of Deterrence In The Formulation Of Criminal Law Rules: At Its Worst When Doing Its Best, Paul H. Robinson, John M. Darley
All Faculty Scholarship
For the past several decades, the deterrence of crime has been a centerpiece of criminal law reform. Law-givers have sought to optimize the control of crime by devising a penalty-setting system that assigns criminal punishments of a magnitude sufficient to deter a thinking individual from committing a crime. Although this seems initially an intuitively compelling strategy, we are going to suggest that is a poor one; poor for two reasons. First, its effectiveness rests on a set of assumptions that on examination cannot be sustained. Second, the attempt to employ the strategy generates a good many crimogenic costs that are …
Takeover Defense When Financial Markets Are (Only) Relatively Efficient, Michael L. Wachter
Takeover Defense When Financial Markets Are (Only) Relatively Efficient, Michael L. Wachter
University of Pennsylvania Law Review
No abstract provided.
Trust, Guilt, And Securities Regulation, Peter H. Huang
Trust, Guilt, And Securities Regulation, Peter H. Huang
University of Pennsylvania Law Review
No abstract provided.
Regulation For Conservatives: Behavioral Economics And The Case For Asymmetric Paternalism, Colin Camerer, Samuel Issacharoff, George Loewenstein, Ted O'Donoghue
Regulation For Conservatives: Behavioral Economics And The Case For Asymmetric Paternalism, Colin Camerer, Samuel Issacharoff, George Loewenstein, Ted O'Donoghue
University of Pennsylvania Law Review
No abstract provided.
The Puzzled Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight, Matthew D. Adler
The Puzzled Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight, Matthew D. Adler
University of Pennsylvania Law Review
No abstract provided.
An American Trifederalism Based Upon The Constitutional Status Of Tribal Nations, Carol Tebben
An American Trifederalism Based Upon The Constitutional Status Of Tribal Nations, Carol Tebben
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Tribalism, Constiutionalism, And Cultural Pluralism: Where Do Indigenous Peoples Fit Within Civil Society, Rebecca Tsosie
Tribalism, Constiutionalism, And Cultural Pluralism: Where Do Indigenous Peoples Fit Within Civil Society, Rebecca Tsosie
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
What Did They Do And What Does It Mean? The Three-Judge Court's Decision In Mcconnell V. Fec And The Implications For The Supreme Court, Richard Briffault
What Did They Do And What Does It Mean? The Three-Judge Court's Decision In Mcconnell V. Fec And The Implications For The Supreme Court, Richard Briffault
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Let Unions Be Unions: Allowing Grants Of Benefits During Representation Campaigns, Michael J. Hayes
Let Unions Be Unions: Allowing Grants Of Benefits During Representation Campaigns, Michael J. Hayes
University of Pennsylvania Journal of Business Law
No abstract provided.
Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett
Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett
All Faculty Scholarship
This paper examines the effort to secure fair housing laws at the local, state and federal levels in the 1950s, focusing in particular on New York City and state. It will examine the arguments that advocates made regarding the role the law should play in preventing housing discrimination, and the relationship of these views to advocates' understanding of property rights in general. My paper will argue that fair housing advocates had particular conceptions about the importance of housing in American society that both supported and limited their success. By arguing that minorities only sought what others wanted - a single-family …
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
Will As Intertemporal Bargaining: Implications For Rationality, George Ainslie, John Monterosso
Will As Intertemporal Bargaining: Implications For Rationality, George Ainslie, John Monterosso
University of Pennsylvania Law Review
No abstract provided.
Is Risk A Harm?, Claire Finkelstein
Is Risk A Harm?, Claire Finkelstein
University of Pennsylvania Law Review
No abstract provided.
Beyond The Precautionary Principle, Cass R. Sunstein
Beyond The Precautionary Principle, Cass R. Sunstein
University of Pennsylvania Law Review
No abstract provided.
The Jurisprudence Of Greed, Eric A. Posner
The Jurisprudence Of Greed, Eric A. Posner
University of Pennsylvania Law Review
No abstract provided.
Corporate Constitutionalism: Antitakeover Charter Provisions As Precommitment, Marcel Kahan, Edward B. Rock
Corporate Constitutionalism: Antitakeover Charter Provisions As Precommitment, Marcel Kahan, Edward B. Rock
University of Pennsylvania Law Review
No abstract provided.
Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang
Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang
University of Pennsylvania Law Review
No abstract provided.
Simplifying The Transition To A (Progressive) Consumption Tax, Mitchell L. Engler, Michael S. Knoll
Simplifying The Transition To A (Progressive) Consumption Tax, Mitchell L. Engler, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine And How A Too-Clever Congress Could Provoke It To Do So, Mitchell N. Berman
Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine And How A Too-Clever Congress Could Provoke It To Do So, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Immigration Restrictions As Employment Discrimination, Howard F. Chang
Immigration Restrictions As Employment Discrimination, Howard F. Chang
All Faculty Scholarship
In this paper, I analyze restrictions on immigration to the United States as a form of government-mandated employment discrimination against aliens. Through our immigration laws, we deny aliens access to valuable employment opportunities that are open to natives. Under our immigration and nationality laws, we base this discrimination explicitly on circumstances of birth beyond the control of the alien. I argue that immigration restrictions thereby violate our liberal ideals of equality, which require a cosmopolitan perspective that extends equal concern to all individuals. Furthermore, even if we assume a less demanding moral theory that allows us to give the interests …
Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer
Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Corporate Control Transactions: Introduction, Edward B. Rock, Michael L. Wachter
Corporate Control Transactions: Introduction, Edward B. Rock, Michael L. Wachter
University of Pennsylvania Law Review
No abstract provided.
Creditors' Ball: The New New Corporate Governance In Chapter 11, David A. Skeel Jr.
Creditors' Ball: The New New Corporate Governance In Chapter 11, David A. Skeel Jr.
University of Pennsylvania Law Review
No abstract provided.
The Domain Of Preference, Lewis A. Kornhauser
The Domain Of Preference, Lewis A. Kornhauser
University of Pennsylvania Law Review
No abstract provided.
The Paradoxes Of The Safe Society: A Rational Actor Approach To The Reconceptualization Of Risk And The Reformation Of Risk Regulation, Jason Scott Johnston
The Paradoxes Of The Safe Society: A Rational Actor Approach To The Reconceptualization Of Risk And The Reformation Of Risk Regulation, Jason Scott Johnston
University of Pennsylvania Law Review
No abstract provided.
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
University of Pennsylvania Law Review
No abstract provided.
Can Utilitarianism Justify Legal Rights With Moral Force, Joe Mintoff
Can Utilitarianism Justify Legal Rights With Moral Force, Joe Mintoff
University of Pennsylvania Law Review
No abstract provided.