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2003

University of Pennsylvania Carey Law School

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Articles 211 - 239 of 239

Full-Text Articles in Law

Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas Jan 2003

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 Jan 2003

The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Corporate Control Transactions: Introduction, Edward B. Rock, Michael L. Wachter Jan 2003

Corporate Control Transactions: Introduction, Edward B. Rock, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


Arbitration, Conciliation, And The Islamic Legal Tradition In Saudi Arabia, George Sayen Jan 2003

Arbitration, Conciliation, And The Islamic Legal Tradition In Saudi Arabia, George Sayen

University of Pennsylvania Journal of International Law

No abstract provided.


Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner Jan 2003

Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner

Faculty Scholarship at Penn Law

No abstract provided.


Rethinking The Commitment To Free, Local Television, Christopher S. Yoo Jan 2003

Rethinking The Commitment To Free, Local Television, Christopher S. Yoo

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

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Sacred Sites And Religious Freedom On Government Land, Richard B. Collins Jan 2003

Sacred Sites And Religious Freedom On Government Land, Richard B. Collins

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts, Catherine T. Struve Jan 2003

How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts, Catherine T. Struve

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


What Did They Do And What Does It Mean? The Three-Judge Court's Decision In Mcconnell V. Fec And The Implications For The Supreme Court, Richard Briffault Jan 2003

What Did They Do And What Does It Mean? The Three-Judge Court's Decision In Mcconnell V. Fec And The Implications For The Supreme Court, Richard Briffault

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Is There A (Little Or Not So Little) Constitutional Crisis Developing In Indian Law?: A Brief Essay, Frank Pommersheim Jan 2003

Is There A (Little Or Not So Little) Constitutional Crisis Developing In Indian Law?: A Brief Essay, Frank Pommersheim

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


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.


The Colonial Double Bind: Sovereignty And Civil Rights In Indian Country, Eric Cheyfitz Jan 2003

The Colonial Double Bind: Sovereignty And Civil Rights In Indian Country, Eric Cheyfitz

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Tribalism, Constiutionalism, And Cultural Pluralism: Where Do Indigenous Peoples Fit Within Civil Society, Rebecca Tsosie Jan 2003

Tribalism, Constiutionalism, And Cultural Pluralism: Where Do Indigenous Peoples Fit Within Civil Society, Rebecca Tsosie

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Masthead Jan 2003

Masthead

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Access To Networks: Economic And Constitutional Connections, Daniel F. Spulber, Christopher S. Yoo Jan 2003

Access To Networks: Economic And Constitutional Connections, Daniel F. Spulber, Christopher S. Yoo

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.


Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas Jan 2003

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Is There A Role For Lawyers In Preventing Future Enrons?, Jill E. Fisch, Kenneth M. Rosen Jan 2003

Is There A Role For Lawyers In Preventing Future Enrons?, Jill E. Fisch, Kenneth M. Rosen

Faculty Scholarship at Penn Law

Following the collapse of the Enron Corporation, the ethical obligations of corporate attorneys have received increased scrutiny. The Sarbanes-Oxley Act of 2002, enacted in response to calls for corporate reform, specifically requires the Securities and Exchange Commission to address the lawyer’s role by requiring covered attorneys to “report up” evidence of corporate wrongdoing to key corporate officers, and, in some circumstances, to the board of directors. Failure to “report up” subjects a lawyer to liability under federal law.

This Article argues that the reporting up requirement reflects a second-best approach to corporate governance reform. Rather than focusing on the ...


The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile Jan 2003

The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile

Faculty Scholarship at Penn Law

The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission’s general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.


Final Report Of The Kentucky Penal Code Revision Project, Paul H. Robinson, Kentucky Criminal Justice Council Staff Jan 2003

Final Report Of The Kentucky Penal Code Revision Project, Paul H. Robinson, Kentucky Criminal Justice Council Staff

Faculty Scholarship at Penn Law

The Kentucky Criminal Justice Council, a constitutional body in Kentucky, undertook this project to examine the problems with Kentucky criminal law and to rewrite the Kentucky criminal code. This two-volume Final Report of the Kentucky Penal Code Revision Project proposes a new criminal code, in volume 1, together with an official commentary, in volume 2, that explains each provision and how and why it differs from existing law. The introduction to the Report summarizes the reasons for and the importance of criminal code reform, and describes the techniques used in this rewrite project, including both the project’s drafting principles ...


Child Welfare And Civil Rights, Dorothy E. Roberts Jan 2003

Child Welfare And Civil Rights, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Foreward, Kevin Noble Maillard Jan 2003

Foreward, Kevin Noble Maillard

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Stopping Another Phantom Menace: Using The Commerce Clause To Force States To Police Online Auction Shill Bidding Or Face Congressional Mandates, Shawn T. Hynes Jan 2003

Stopping Another Phantom Menace: Using The Commerce Clause To Force States To Police Online Auction Shill Bidding Or Face Congressional Mandates, Shawn T. Hynes

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


When In Doubt, Get Locked Out!: A Comparison Of The 2001 Lockout Of The National Footbal League Referees' Association And The Failed 1999 Resignation Scheme Of The Major League Baseball Umpires Association, Frederick Alcaro Jan 2003

When In Doubt, Get Locked Out!: A Comparison Of The 2001 Lockout Of The National Footbal League Referees' Association And The Failed 1999 Resignation Scheme Of The Major League Baseball Umpires Association, Frederick Alcaro

University of Pennsylvania Journal of Business Law

No abstract provided.


Federalization Of Airport Security Workers: A Study Of The Practical Impact Of The Aviation And Transportation Security Act From A Labor Law Perspective, Molly Selzer Jan 2003

Federalization Of Airport Security Workers: A Study Of The Practical Impact Of The Aviation And Transportation Security Act From A Labor Law Perspective, Molly Selzer

University of Pennsylvania Journal of Business Law

No abstract provided.


Book Review, Denise C. Morgan Jan 2003

Book Review, Denise C. Morgan

University of Pennsylvania Journal of Business Law

No abstract provided.


Selected Current Bibliography, Book Review/Updates Editor Jan 2003

Selected Current Bibliography, Book Review/Updates Editor

University of Pennsylvania Journal of Business Law

No abstract provided.


Masthead Jan 2003

Masthead

University of Pennsylvania Journal of Business Law

No abstract provided.