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Articles 1 - 20 of 20
Full-Text Articles in Law
Social Welfare, Human Dignity, And The Puzzle Of What We Owe Each Other, Amy L. Wax
Social Welfare, Human Dignity, And The Puzzle Of What We Owe Each Other, Amy L. Wax
Faculty Scholarship at Penn Law
Proponents of work-based welfare reform claim that moving the poor from welfare to work will advance the goals of economic self-reliance and independence. Reform opponents attack these objectives as ideologically motivated and conceptually incoherent. Drawing on perspectives developed by luck egalitarians and feminist theorists, these critics disparage conventional notions of economic desert, find fault with market measures of value, debunk ideals of autonomy, and emphasize the pervasiveness of interdependence and unearned benefits within free market societies. These arguments pose an important challenge to justifications usually advanced for work-based welfare reform. Reform proponents must concede that no member of society can ...
Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer
Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer
Faculty Scholarship at Penn Law
No abstract provided.
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
Faculty Scholarship at Penn Law
No abstract provided.
Harm, History, And Counterfactuals, Stephen R. Perry
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
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
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 ...
Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen
Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen
Faculty Scholarship at Penn Law
No abstract provided.
No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick
No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick
Faculty Scholarship at Penn Law
No abstract provided.
Preferences And Rational Choice: Introduction, Claire Oakes Finkelstein, Matthew D. Adler, Peter H. Huang
Preferences And Rational Choice: Introduction, Claire Oakes Finkelstein, Matthew D. Adler, Peter H. Huang
Faculty Scholarship at Penn Law
No abstract provided.
Inevitable Mens Rea, Stephen J. Morse
Inevitable Mens Rea, Stephen J. Morse
Faculty Scholarship at Penn Law
No abstract provided.
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
Faculty Scholarship at Penn Law
No abstract provided.
Shareholder Value And Auditor Independence, William W. Bratton
Shareholder Value And Auditor Independence, William W. Bratton
Faculty Scholarship at Penn Law
This Article questions the practice of framing problems concerning auditors’ professional responsibility inside a principal-agent paradigm. If professional independence is to be achieved, auditors cannot be enmeshed in agency relationships with the shareholders of their audit clients. As agents, the auditors by definition become subject to the principal’s control and cannot act independently. For the same reason, auditors’ duties should be neither articulated in the framework of corporate law fiduciary duty, nor conceived relationally at all. These assertions follow from an inquiry into the operative notion of the shareholder-beneficiary. The Article unpacks the notion of the shareholder and tells ...
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
Faculty Scholarship at Penn Law
No abstract provided.
Immigration Restrictions As Employment Discrimination, Howard F. Chang
Immigration Restrictions As Employment Discrimination, Howard F. Chang
Faculty Scholarship at Penn Law
In this paper, I analyze restrictions on immigration to the United States as a form of government-mandated employment discrimination against aliens. Through our immigration laws, we deny aliens access to valuable employment opportunities that are open to natives. Under our immigration and nationality laws, we base this discrimination explicitly on circumstances of birth beyond the control of the alien. I argue that immigration restrictions thereby violate our liberal ideals of equality, which require a cosmopolitan perspective that extends equal concern to all individuals. Furthermore, even if we assume a less demanding moral theory that allows us to give the interests ...
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
Faculty Scholarship at Penn Law
No abstract provided.
Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas
Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas
Faculty Scholarship at Penn Law
No abstract provided.
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
Faculty Scholarship at Penn Law
No abstract provided.
Is Risk A Harm?, Claire Oakes Finkelstein
Is Risk A Harm?, Claire Oakes Finkelstein
Faculty Scholarship at Penn Law
No abstract provided.
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
Faculty Scholarship at Penn Law
The immigration of unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal egalitarian ideals. These ideals would treat these resident workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of all incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of unskilled ...
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
Faculty Scholarship at Penn Law
No abstract provided.