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Full-Text Articles in Law

Interview With Cynthia E. White, Antoinette E. Walker, Cynthia E. White, Legal Oral History Project, University Of Pennsylvania Carey Law School Mar 2003

Interview With Cynthia E. White, Antoinette E. Walker, Cynthia E. White, 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.

Cynthia E. White (L '80) worked in the City of Phialdelphia Law Department from 1984 to 2017, becoming Chief Deputy Solicitor of the Tax Unit in 1995. She has also served as president and board chairman of the Consumer Bankruptcy Assistance Project


Interview With Robert C. Sheehan, Daniel Yunger, Robert C. Sheehan, Legal Oral History Project, University Of Pennsylvania Carey Law School Mar 2003

Interview With Robert C. Sheehan, Daniel Yunger, Robert C. Sheehan, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above.

Robert C. Sheehan (L '69) has practiced at Skadden, Arps since 1969 and served as Executive Partner from 1994 to 2009. He was won several awards for leadership and for pro bono work. He currently oversees Skadden's pro bono program. From 1996 to 2012 he was a member of the Penn Law Board of Overseers.


Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz Jan 2003

Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz

Faculty Scholarship at Penn Law

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 Jan 2003

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

Faculty Scholarship at Penn Law

No abstract provided.


Harm, History, And Counterfactuals, Stephen R. Perry Jan 2003

Harm, History, And Counterfactuals, Stephen R. Perry

Faculty Scholarship at Penn Law

No abstract provided.


What Do We Mean By "Judicial Independence"?, Stephen B. Burbank Jan 2003

What Do We Mean By "Judicial Independence"?, Stephen B. Burbank

Faculty Scholarship at Penn Law

In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of ...


Justification And Excuse, Law And Morality, Mitchell N. Berman Jan 2003

Justification And Excuse, Law And Morality, Mitchell N. Berman

Faculty Scholarship at Penn Law

Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts ...


Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve Jan 2003

Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve

Faculty Scholarship at Penn Law

103 Colum. L. Rev. 243 (2003)


Converted Or Unconverted: To Whom Do We Preach?, Amy L. Wax Jan 2003

Converted Or Unconverted: To Whom Do We Preach?, Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.


Light From Dead Stars: The Procedural Adequate And Independent State Ground Reconsidered, Kermit Roosevelt Iii Jan 2003

Light From Dead Stars: The Procedural Adequate And Independent State Ground Reconsidered, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett Jan 2003

Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett

Faculty Scholarship at Penn Law

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 home ...


Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White Jan 2003

Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


Defeating Class Certification In Securities Fraud Actions, Kermit Roosevelt Iii Jan 2003

Defeating Class Certification In Securities Fraud Actions, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


Civil Rights Litigation: The Current Paradox, David Rudovsky Jan 2003

Civil Rights Litigation: The Current Paradox, David Rudovsky

Faculty Scholarship at Penn Law

No abstract provided.


The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch Jan 2003

The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Pliability Rules, Abraham Bell, Gideon Parchomovsky Jan 2003

Pliability Rules, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo Jan 2003

The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo

Faculty Scholarship at Penn Law

Recent Supreme Court decisions and political events have reinvigorated the debate over Congress's authority to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitutional Convention rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive in which all administrative authority is centralized in the President. More recently, the debate has turned towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features of the constitutional landscape as to preempt arguments in favor of the ...


Exhaustion Under The Prison Litigation Reform Act: The Consequence Of Procedural Error, Kermit Roosevelt Iii Jan 2003

Exhaustion Under The Prison Litigation Reform Act: The Consequence Of Procedural Error, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


Of Property And Anti-Property, Abraham Bell, Gideon Parchomovsky Jan 2003

Of Property And Anti-Property, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.