Law Commons^™

Gender And Privacy In Cyberspace, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, 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.

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 Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

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' shared intuitions …

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

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

Positivism And The Notion Of An Offense, Claire Oakes Finkelstein

All Faculty Scholarship

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 …

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

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

This paper argues that criminal codes have two distinct functions. First, a code must ex ante announce the rules of conduct. Second, it must set out the principles of for adjudicating, ex post, violations of those rules. These two functions often are in tension with one another. Each calls for a different kind of code, addressed to a different audience, with different objectives: To be effective ex ante, the rules of conduct must be formulated in a way that they will be understood, remembered, and able to be applied in daily life by lay persons with a wide range of …

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

All Faculty Scholarship

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 …

The Possibility Of A Fair Paretian, Howard F. Chang

All Faculty Scholarship

No abstract provided.

When The Rule Swallows The Exception, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.