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Articles 1 - 30 of 77
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 ...
Regulating Irrational Exuberance And Anxiety In Securities Markets , Peter H. Huang
Regulating Irrational Exuberance And Anxiety In Securities Markets , Peter H. Huang
Faculty Scholarship at Penn Law
This paper analyzes the regulatory implications of irrational exuberance and anxiety in securities markets. U.S. federal securities laws mandate the disclosure of certain information, but regulate only the cognitive form and content of that information. An important and unstudied question is how to regulate securities markets where some investors respond not only cognitively to the form and content of information, but also emotionally to the form and content of information. This paper investigates that question when some investors feel exuberance or anxiety that is unjustified by cognitive processing of the available information. This paper develops the implications for mandatory ...
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.
Building Sector-Based Consensus: A Review Of The Epa's Common Sense Initiative, Cary Coglianese, Laurie K. Allen
Building Sector-Based Consensus: A Review Of The Epa's Common Sense Initiative, Cary Coglianese, Laurie K. Allen
Faculty Scholarship at Penn Law
In the late 1990s, the U.S. Environmental Protection Agency (EPA) conducted what the agency considered to be a "bold experiment" in regulatory reinvention, bringing representatives from six industrial sectors together with government officials and NGO representatives to forge a consensus on innovations in public policy and business practices. This paper assesses the impact of the agency's "experiment" - called the Common Sense Initiative (CSI) - in terms of the agency's goals of improving regulatory performance and technological innovation. Based on a review of CSI projects across all six sectors, the paper shows how EPA achieved, at best, quite modest ...
“Black People’S Money”: The Impact Of Law, Economics, And Culture In The Context Of Race On Damage Recoveries, Regina Austin
“Black People’S Money”: The Impact Of Law, Economics, And Culture In The Context Of Race On Damage Recoveries, Regina Austin
Faculty Scholarship at Penn Law
“’Black People’s Money’: The Impact of Law, Economics, and Culture in the Context of Race on Damage Recoveries” is one of a series of articles by the author dealing with black economic marginalization; prior work considered such topics as shopping and selling as forms of deviance, street vending, restraints on leisure, and the importance of informality in loan transactions. This article deals with the linkage between the social significance of black people’s money and its material value. It analyzes the construction of “black money,” its association with cash, and the taboos and cultural practices that assure that black ...
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
Faculty Scholarship at Penn Law
Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we ...
Why Do Distressed Companies Choose Delaware? An Empirical Analysis Of Venue Choice In Bankruptcy , Kenneth M. Ayotte, David A. Skeel Jr.
Why Do Distressed Companies Choose Delaware? An Empirical Analysis Of Venue Choice In Bankruptcy , Kenneth M. Ayotte, David A. Skeel Jr.
Faculty Scholarship at Penn Law
We analyze a sample of large Chapter 11 cases to determine which factors motivate the choice of filing in one court over another when a choice is available. We focus in particular on the Delaware court, which became the most popular venue for large corporations in the 1990s. We find no evidence of agency problems governing the venue choice or affecting the outcome of the bankruptcy process. Instead, firm characteristics and court characteristics, particularly a court's level of experience, are the most important factors. We find that court experience manifests itself in both a greater ability to reorganize marginal ...
Judging Unions' Future Using A Historical Perspective: The Public Policy Choice Between Competition And Unionization, Michael L. Wachter
Judging Unions' Future Using A Historical Perspective: The Public Policy Choice Between Competition And Unionization, Michael L. Wachter
Faculty Scholarship at Penn Law
In this paper I look at unions' future using a historical perspective and focusing on the period of union ascendancy as well as the past few decades when unions have been in decline. We know trends currently in place are unfavorable to unions. What conditions would be favorable? The rise of unions from the 1930s through the early 1950s was due to the convergence of a number of events - an economic policy that attempted to restrict competition beginning in the 1930s, the twin beliefs that labor markets were inherently noncompetitive and/or that individual workplaces were exploitative, and low union ...
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Faculty Scholarship at Penn Law
Is death a harm? Is the risk of death a harm? These questions lie at the foundations of risk regulation. Agencies that regulate threats to human life, such as the EPA, OSHA, the FDA, the CPSC, or NHTSA, invariably assume that premature death is a first-party harm - a welfare setback to the person who dies - and often assume that being at risk of death is a distinct and additional first-party harm. If these assumptions are untrue, the myriad statutes and regulations that govern risky activities should be radically overhauled, since the third-party benefits of preventing premature death and the risk ...
Creditors' Ball: The 'New' New Corporate Governance In Chapter 11 , David A. Skeel Jr.
Creditors' Ball: The 'New' New Corporate Governance In Chapter 11 , David A. Skeel Jr.
Faculty Scholarship at Penn Law
In the 1980s and early 1990s, many observers believed that the American corporate bankruptcy laws were desperately inefficient. The managers of the debtor stayed in control as "debtor in possession" after filing for bankruptcy, and they had the exclusive right to propose a reorganization plan for at least the first four months of the case, and often far longer. The result was lengthy cases, deteriorating value and numerous academic proposals to replace Chapter 11 with an alternative regime. In the early years of the new millennium, bankruptcy could not look more different. Cases proceed much more quickly, and they are ...
Taxing Sunny Days: Adjusting Taxes For Regional Living Costs And Amenities, Michael S. Knoll, Thomas D. Griffith
Taxing Sunny Days: Adjusting Taxes For Regional Living Costs And Amenities, Michael S. Knoll, Thomas D. Griffith
Faculty Scholarship at Penn Law
No abstract provided.
Genocide, Press Freedom, And The Case Of Hassan Ngeze, C. Edwin Baker
Genocide, Press Freedom, And The Case Of Hassan Ngeze, C. Edwin Baker
Faculty Scholarship at Penn Law
This essay was written under contract with the United Nations to serve as background for my testimony as an expert witness in behalf of Hassen Ngeze in his prosecution before the International Criminal Tribunal for Rwanda. (On motion of the prosecutor, the Court excluded this essay - or report - and the offer of my testimony.) In the Prosecutor v. Ngeze, the prosecution charged Ngeze with direct and public incitement to genocide and conspiracy to commit genocide almost entirely on the basis of his publication of a newspaper, Kangura one of many newspapers being published in Rwanda during the period before the ...
Prohibited Risks And Culpable Disregard Or Inattentiveness: Challenge And Confusion In The Formulation Of Risk-Creation Offenses, Paul H. Robinson
Prohibited Risks And Culpable Disregard Or Inattentiveness: Challenge And Confusion In The Formulation Of Risk-Creation Offenses, Paul H. Robinson
Faculty Scholarship at Penn Law
Because they track the Model Penal Code, current criminal law formulations of risk offenses typically fail to distinguish the rule of conduct question - What risks does the criminal law prohibit? - from the adjudication question - When is a particular violator's conscious disregard of, or his inattentiveness to, a risk in a particular situation sufficiently condemnable to deserve criminal liability? Instead, the formulations address only the second question - through their definition of reckless and negligent culpability - and fail to provide a rule of conduct provision to define a prohibited risk. This reliance upon culpability definitions as the core of risk-creation offense ...
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.
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
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.
Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang
Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang
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.
The Bush Administration's Response To The International Criminal Court, Jean Galbraith
The Bush Administration's Response To The International Criminal Court, Jean Galbraith
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 ...
The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett
The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett
Faculty Scholarship at Penn Law
No abstract provided.
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.
Corporate Constitutionalism: Antitakeover Charter Provisions As Pre-Commitment, Marcel Kahan, Edward B. Rock
Corporate Constitutionalism: Antitakeover Charter Provisions As Pre-Commitment, Marcel Kahan, Edward B. Rock
Faculty Scholarship at Penn Law
Constitutions constitute a polity and create and entrench power. A corporate constitution - the governance choices incorporated in state law and the certificate of incorporation - resembles a political constitution. Delaware law allows parties to create corporations, to endow them with perpetual life, to assign rights and duties to "citizens" (directors and shareholders), to adopt a great variety of governance structures, and to entrench those choices. In this Article, we argue that the decision to endow directors with significant power over decisions whether and how to sell the company is a constitutional choice of governance structure. We then argue that it is ...
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.
Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas
Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas
Faculty Scholarship at Penn Law
No abstract provided.
The Rise And Demise Of The Technology-Specific Approach To The First Amendment, Christopher S. Yoo
The Rise And Demise Of The Technology-Specific Approach To The First Amendment, Christopher S. Yoo
Faculty Scholarship at Penn Law
No abstract provided.
New Models Of Regulation And Interagency Governance, Christopher S. Yoo
New Models Of Regulation And Interagency Governance, Christopher S. Yoo
Faculty Scholarship at Penn Law
No abstract provided.
The A.L.I.'S Proposed Distributive Principle Of 'Limiting Retributivism': Does It Mean In Practice Anything Other Than Pure Desert?, Paul H. Robinson
The A.L.I.'S Proposed Distributive Principle Of 'Limiting Retributivism': Does It Mean In Practice Anything Other Than Pure Desert?, Paul H. Robinson
Faculty Scholarship at Penn Law
Robinson supports the proposed "purposes" text of the New American Law Institute Report on Sentencing Reform but argues that in practice it will not mean what traditional utilitarians, like those supporting "limiting retributivism," are expecting. First, the proposed text allows reliance upon non-desert distributive principles only to the extent that they serve their stated goals. As the ALI Report concedes, there are limits to the effectiveness one can expect from rehabilitation and, as is now becoming apparent from social science research, our realistic expectations for the effectiveness of deterrence are similarly fading. It is true that incapacitation undoubtedly works to ...
Inevitable Mens Rea, Stephen J. Morse
Inevitable Mens Rea, Stephen J. Morse
Faculty Scholarship at Penn Law
No abstract provided.