Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 63

Full-Text Articles in Law

The Integration Game, Abraham Bell, Gideon Parchomovsky Dec 2000

The Integration Game, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Interview With Judge Harvey Bartle, Shirin Heidary, Harvey Bartle Iii, Legal Oral History Project, University Of Pennsylvania Law School Nov 2000

Interview With Judge Harvey Bartle, Shirin Heidary, Harvey Bartle Iii, 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.

Harvey Bartle III (L '65) is a senior judge of the United States District Court, Eastern District of Pennsylvania. He served as chief judge of that court from 2006 to 2011.


Interview With Jerome J. Shestack, Mark Malcoun, Jerome J. Shestack, Legal Oral History Project, University Of Pennsylvania Law School Nov 2000

Interview With Jerome J. Shestack, Mark Malcoun, Jerome J. Shestack, 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.

Jerome J. Shestack practiced law in Philadelphia from 1955 until his death in 2011. He was active in Democratic politics and in civil rights and international human rights. He served as president of the American Bar Association in 1997/1998. In 1980 Penn Law School named him an Honorary Fellow; his address to that year's graduating class appeared in the Fall 1980 Penn Law Journal (http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1034&context=plj).


Interview With Allen D. Black, Isaac E. Dweck, Allen D. Black, University Of Pennsylvania Law School Legal Oral History Project Nov 2000

Interview With Allen D. Black, Isaac E. Dweck, Allen D. Black, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

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

Allen D. Black (L '66) practices in the areas of commercial law and antitrust, specializing in complex litigation. He has been a member of the American Law Institute since 1976 and a member of the ALI Council since 1994. Prof. Steven Burbank has called him "quite simply one of the best and most thoughtful lawyers in the country, a highly successful litigator and important contributor to numerous law reform efforts."


Interview With Leslie Reid Price, Daniel Gennatto, Leslie Reid Price, University Of Pennsylvania Law School Legal Oral History Project Nov 2000

Interview With Leslie Reid Price, Daniel Gennatto, Leslie Reid Price, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

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

Leslie Reid Price (L'72) practices real state and commercial law. She worked as in-house counsel to Philadelphia area real estate developer Rouse & Associates, now known as Liberty Property Trust.


Interview With Sherrie R. Savett, Sherrie R. Savett, Lisa Tahk, University Of Pennsylvania Law School Legal Oral History Project Nov 2000

Interview With Sherrie R. Savett, Sherrie R. Savett, Lisa Tahk, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

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

Sherrie R. Savett (L'73) is a leading practitioner in the areas of securities litigation and consumer litigation with the firm of Berger Montague, where she has served as Chair Emeritus of the firm, Chair of the Securities Litigation Department and of the Qui Tam/False Claims Act Department.


Interview With Judith Bernstein-Baker, Irene Barbarena, Judith Bernstein-Baker, University Of Pennsylvania Law School Legal Oral History Project Nov 2000

Interview With Judith Bernstein-Baker, Irene Barbarena, Judith Bernstein-Baker, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

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

Judith Bernstein-Baker was the first director of Penn Law's public service program, from 1990 to 1998. Subsequently she served as executive director of the Hebrew Immigrant Aid Society Pennsylvania until her retirement in 2016.


Interview With Frank Carano, Joanna Lee Levine, Frank Carano, Legal Oral History Project, University Of Pennsylvania Law School Nov 2000

Interview With Frank Carano, Joanna Lee Levine, Frank Carano, 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.

James Carano (L '33) practiced law in his native Philadelphia for almost seventy years. He was active in the Philadelphia Bar Association and in the Italian-American community. In 2002 he endowed the Frank Carano Professorship of Law, currently held by Leo Katz.


Interview With Mary Catherine Roper, Christine Docherty, Mary Catherine Roper, University Of Pennsylvania Law School Legal Oral Hsitory Project Nov 2000

Interview With Mary Catherine Roper, Christine Docherty, Mary Catherine Roper, University Of Pennsylvania Law School Legal Oral Hsitory Project

Legal Oral History Project

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

Mary Catherine Roper (L '93) is the deputy legal director at the ACLU of Pennsylvania, where she coordinates litigation on a broad range of civil liberties issues, including freedom of speech, religious liberty, racial and ethnic justice, equality for lesbians and gay men, student rights, privacy, prisoners’ rights, and police misconduct. Prior to joining the ACLU, Mary Catherine was a partner in the firm of Drinker Biddle and Reath, where she was well known for her commitment to pro bono work. After law school, she clerked ...


Interview With Arthur Makadon, Marjorie A. George, Arthur Makadon, Legal Oral History Project, University Of Pennsylvania Law School Nov 2000

Interview With Arthur Makadon, Marjorie A. George, Arthur Makadon, 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.

Arthur Makadon (L '68) was a major figure in the Philadelphia bar and in Philadelphia politics. Most of his legal career was spent at Ballard Spahr, where he served as chair from 2002 to 2011. The Arthur Makadon Appellate Advocacy Program at the Law School was established in his honor by Ballard Spahr. He died in 2013.


Interview With Donald Millinger, José A. Gregory, Donald M. Millinger, University Of Pennsylvania Law School Legal Oral History Project Oct 2000

Interview With Donald Millinger, José A. Gregory, Donald M. Millinger, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

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

Donald M. Millinger (L'79) practiced business and commercial law in the Philadelphia area and served on a number of non-profit boards. He is married to Gary Clinton, former Dean of Student Affairs at Penn Law School. In 2017 they established the Clinton-Millinger Scholarship program.


Interview With Justice Randy J. Holland, Katie Harrison, Randy J. Holland, Legal Oral History Project, University Of Pennsylvania Law School Oct 2000

Interview With Justice Randy J. Holland, Katie Harrison, Randy J. Holland, 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.

Randy J. Holland (L '72) served as a Justice of the Delaware Supreme Court from 1986 until his retirement in 2017. At the time of his appointment he was the youngest person ever to serve on that court.


Crime, Punishment And Prevention, Paul H. Robinson Sep 2000

Crime, Punishment And Prevention, Paul H. Robinson

Faculty Scholarship at Penn Law

The criminal justice system has traditionally been seen as in the business of doing justice: punishing offenders for crimes committed. Yet, the past decade has brought a shift from punishing past crimes to preventing future crimes through the incarceration and control of dangerous offenders. Habitual offender statutes, like "three strikes" laws, sentence repeat offenders to life imprisonment. Jurisdictional reforms lower the age at which juveniles may be tried as adults, inc reasing th e available terms of imprisonment beyond those of juvenile court. Gang membership and recruitment are criminalized. "Megan's Law" statutes require community notification of a convicted sex ...


Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson May 2000

Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson

Faculty Scholarship at Penn Law

When John Darley and I wrote Justice, Liability, and Blame: Community Views and the Criminal Law, our goal was not to provide the definitive account of lay intuitions of justice but rather to stimulate interest in what we saw as an important but long-term project that would require the work of many people. Having this American Association of Law Schools program is itself something toward that end and for that we thank Christopher Slobogin and Cheryl Hanna. In this brief introduction to the Symposium, let me set the stage by doing four things. Part I of this Article summarizes the ...


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.


Some Doubts About Argument By Hypothetical, Paul H. Robinson May 2000

Some Doubts About Argument By Hypothetical, Paul H. Robinson

Faculty Scholarship at Penn Law

In his paper, Why the Successful Assassin Is More Wicked than the Unsuccessful One, Leo Katz "pick[s] up the gauntlet [Sandy] Kadish throws down" to offer a nonconsequentialist justification for giving significance to resulting harm and, in particular, to justify the common practice of punishing attempts less than the completed offense. In one sense, I may not be the ideal person to serve as critic. I am not one of those who, like Kadish and others, does not believe in the significance of resulting harm in assessing blameworthiness (people whom Katz calls the "luck- skeptics" but to whom I ...


Interview With Lita Indzel Cohen, Simi B. Kaplan, Lita Indzel Cohen, Legal Oral History Porject, University Of Pennsylvania Law School Mar 2000

Interview With Lita Indzel Cohen, Simi B. Kaplan, Lita Indzel Cohen, Legal Oral History Porject, University Of Pennsylvania Law School

Legal Oral History Project

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

Lita Indzel Cohen (L '65) represented the 148th district in the Pennsylvania House of Representatives from 1991 until 2003. Before that she was the first woman to theto the Lower Merion Township Planning Commission and served for eight years on the Lower Merion Township Commission..


Interview With John O. Honnold, Steffen Bressler, John O. Honnold, University Of Pennsylvania Law School Legal Oral History Project Mar 2000

Interview With John O. Honnold, Steffen Bressler, John O. Honnold, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

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

John O. Honnold was the William A. Schnader Professor of Commercial Law at the University of Pennsylvania Law School, after joining the school's faculty in 1946.[His academic focus was private international law. From 1969 to 1974 he served as chief of legal staff for the United Nations Commission on International Trade Law (UNCITRAL), where he was instrumental in drafting the U.N. Convention on Contracts for the International Sale of Goods.He died in 2011.


Interview With Myer "Mike" Feldman, Meredith Coleman, Myer Feldman, Legal Oral History Project, University Of Pennsylvania Law School Mar 2000

Interview With Myer "Mike" Feldman, Meredith Coleman, Myer Feldman, 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.

Myer Feldman (L '38) worked for the Securities and Exchange Commission and the Senate Banking and Currency Committee before serving as a senior adviser to the Kennedy and Johnson campaigns and administrations. He continued to be active in Democratic politics after leaving government service for private practice in 1965. He died in 2007.


Interview With Michele Tuck-Ponder, Diankha Warren, Michele Tuck-Ponder, Legal Oral History Project, University Of Pennsylvania Law School Mar 2000

Interview With Michele Tuck-Ponder, Diankha Warren, Michele Tuck-Ponder, 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.

Michele Tuck-Ponder (L '83) has held many positions in law, government, education, media relaions, and the non-profit sector. From 1995 to 1997 she served as mayor of Princeton, New Jersey.


Interview With Myles H. Tanenbaum, Randy Lee, Myles H. Tanenbaum, University Of Pennsylvania Law School Legal Oral History Project Feb 2000

Interview With Myles H. Tanenbaum, Randy Lee, Myles H. Tanenbaum, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above.

Myles Tanenbaum (L'57) was a partner at the firm of Wolf Block until he moved into commercial real estate development in 1970. He was a member of the University of Pennsylvania Board of Trustees and of the Penn Law School Board of Overseers. Tanenbaum Hall in the Law School is named after his daughter Nicole. He died in 2012.


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.


Publish Or Perish, Gideon Parchomovsky Feb 2000

Publish Or Perish, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


The Moral Metaphysics Of Causation And Results, Stephen J. Morse Jan 2000

The Moral Metaphysics Of Causation And Results, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton Jan 2000

Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


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.


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 ...