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Articles 1 - 8 of 8

Full-Text Articles in Law

Is Risk A Harm?, Claire Oakes Finkelstein Jan 2003

Is Risk A Harm?, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang Jan 2003

Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Enron, Sarbanes-Oxley And Accounting: Rules Versus Principles Versus Rents, William W. Bratton Jan 2003

Enron, Sarbanes-Oxley And Accounting: Rules Versus Principles Versus Rents, William W. Bratton

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 ...


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.


Preferences And Rational Choice: Introduction, Claire Oakes Finkelstein, Matthew D. Adler, Peter H. Huang Jan 2003

Preferences And Rational Choice: Introduction, Claire Oakes Finkelstein, Matthew D. Adler, Peter H. Huang

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.