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Articles 1 - 16 of 16

Full-Text Articles in Law

Gender And Privacy In Cyberspace, Anita L. Allen May 2000

Gender And Privacy In Cyberspace, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, Legal Oral History Project, University Of Pennsylvania Law School Feb 2000

Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

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

Alan M. Lerner (L '65) was a practice professor at the University of Pennsylvania Law School from 1993 until his death in 2010. He practiced and taught mainly in the areas of civil rights and family law.


The Possibility Of A Fair Paretian, Howard F. Chang Jan 2000

The Possibility Of A Fair Paretian, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin Jan 2000

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Structuring Criminal Codes To Perform Their Function, Paul H. Robinson Jan 2000

Structuring Criminal Codes To Perform Their Function, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Expressive Law And Oppressive Norms: A Comment On Richard Mcadams's "A Focal Point Theory Of Expressive Law", Amy L. Wax Jan 2000

Expressive Law And Oppressive Norms: A Comment On Richard Mcadams's "A Focal Point Theory Of Expressive Law", Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.


The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts Jan 2000

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Positivism And The Notion Of An Offense, Claire Oakes Finkelstein Jan 2000

Positivism And The Notion Of An Offense, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

While the United States Supreme Court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. The asymmetry between substance and procedure seems natural given the demise of Lochner and the minimalist stance towards due process outside the area of fundamental rights. This Article, however, argues that the "positivistic" approach to defining criminal offenses stands in some tension with other basic principles, both constitutional and moral. In particular, two important constitutional guarantees depend on the notion of an offense: the presumption of innocence and the ban on double jeopardy. Under ...


Why Does The Criminal Law Care What The Lay Persons Thinks Is Just? Coercive Versus Normative Crime Control, Paul H. Robinson Jan 2000

Why Does The Criminal Law Care What The Lay Persons Thinks Is Just? Coercive Versus Normative Crime Control, Paul H. Robinson

Faculty Scholarship at Penn Law

THE criminal law codification movement of the 1960s and 70s was guided by instrumentalist principles designed to reduce crime, rather than by retributivist notions of giving offenders deserved punishment. The Model Penal Code, which served as a model for nearly all of the period's code reforms, was explicit on the point: The Code's "dominant theme is the prevention of offenses" and its "major goal is to forbid and prevent conduct that threatens substantial harm." Yet, as Part I of this Article will show, even from such a staunchly instrumentalist code came a criminal law that defers to laypersons ...


Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen Jan 2000

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

Faculty Scholarship at Penn Law

32 Conn. L. Rev. 861 (2000).


When The Rule Swallows The Exception, Claire Oakes Finkelstein Jan 2000

When The Rule Swallows The Exception, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz Jan 2000

Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts Jan 2000

Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman Jan 2000

Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman

Faculty Scholarship at Penn Law

Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program 's already high litigation costs per site. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or discourage settlement, depending on the correlation of outcomes at trial across defendants. We extend their two-defendant model to a richer framework with N defendants. This extension allows us to test the theoretical model empirically using data on Superfund litigation. We find that joint and several ...


A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang Jan 2000

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


The Inefficiency Of Mens Rea, Claire Oakes Finkelstein Jan 2000

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.