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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.


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 ...


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 ...


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.


Publish Or Perish, Gideon Parchomovsky Feb 2000

Publish Or Perish, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Knowledge About Welfare: Legal Realism And The Separation Of Law And Economics, Herbert J. Hovenkamp Jan 2000

Knowledge About Welfare: Legal Realism And The Separation Of Law And Economics, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The welfare state could not function without judgments about how well off its citizens are. For example, governments devise progressive income taxes, which are designed to capture more wealth from the well off and less from the impecunious. These policies presume an ability to take a manageable amount of information about an individual's income or assets and make judgments about her welfare. In fact, people do this all the time, mostly without thinking about the methodological problems involved.

The superficial casualness of our daily observations about welfare belies the state of the economic science of welfare measurement. Economists have ...


Globalization And The Design Of International Institutions, Cary Coglianese Jan 2000

Globalization And The Design Of International Institutions, Cary Coglianese

Faculty Scholarship at Penn Law

In an increasingly globalized world, international rules and organizations have grown ever more crucial to the resolution of major economic and social concerns. How can leaders design international institutions that will effectively solve global regulatory problems? This paper confronts this question by presenting three major types of global problems, distinguishing six main categories of institutional forms that can be used to address these problems, and showing how the effectiveness of international institutions depends on achieving “form-problem” fit. Complicating that fit will be the tendency of nation states to prefer institutional forms that do little to constrain their sovereignty. Yet the ...


The Futures Problem, Geoffrey C. Hazard Jr. Jan 2000

The Futures Problem, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

Perhaps the most difficult problem in addressing mass torts is that of future claimants. "Futures" are those who do not now have claims, because injury has not been sufficiently manifested, but who may well have claims in the future. The Supreme Court's decisions in Amchem and Ortiz appear to have foredoomed any procedural mechanism by which to resolve future claims. This, in turn, will leave defendants in mass tort cases with greatly reduced incentives to participate in mass settlement. That implication makes the possibility of reforms in substantive law perhaps more attractive. In addition, these decisions invite further questions ...


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 ...


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.


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.


The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts Jan 2000

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Introduction, Anthony J. Scirica Jan 2000

Introduction, Anthony J. Scirica

Faculty Scholarship at Penn Law

No abstract provided.


Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr. Jan 2000

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr. Jan 2000

Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.

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.


Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll Jan 2000

Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll

Faculty Scholarship at Penn Law

No abstract provided.


Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang Jan 2000

Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, 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.


A Comprehensive Wealth Tax, David Shakow, Reed Shuldiner Jan 2000

A Comprehensive Wealth Tax, David Shakow, Reed Shuldiner

Faculty Scholarship at Penn Law

No abstract provided.


Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter Jan 2000

Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


Raising Arizona: Reflections On Sovereignty And The Nature Of The Plaintiff In Federal Suits Against States, Catherine T. Struve Jan 2000

Raising Arizona: Reflections On Sovereignty And The Nature Of The Plaintiff In Federal Suits Against States, Catherine T. Struve

Faculty Scholarship at Penn Law

No abstract provided.


The Peculiar Role Of The Delaware Courts In The Competition For Corporate Charters, Jill E. Fisch Jan 2000

The Peculiar Role Of The Delaware Courts In The Competition For Corporate Charters, Jill E. Fisch

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.


Vern Countryman And The Path Of Progressive (And Populist) Bankruptcy Scholarship, David A. Skeel Jr. Jan 2000

Vern Countryman And The Path Of Progressive (And Populist) Bankruptcy Scholarship, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Foreword: Causes And Limits Of Pessimism, Stephen B. Burbank Jan 2000

Foreword: Causes And Limits Of Pessimism, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Lockups And Delaware Venue In Corporate Law And Bankruptcy, David A. Skeel Jr. Jan 2000

Lockups And Delaware Venue In Corporate Law And Bankruptcy, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank Jan 2000

The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank

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.