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2003

University of Pennsylvania Carey Law School

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Articles 61 - 90 of 239

Full-Text Articles in Law

Arbitration With Two Twists: Loewen V. United States And Free Trade Commission Intervention In Nafta Chapter 11 Disputes, Stefan Matiation Jul 2003

Arbitration With Two Twists: Loewen V. United States And Free Trade Commission Intervention In Nafta Chapter 11 Disputes, Stefan Matiation

University of Pennsylvania Journal of International Law

No abstract provided.


University-Industry Cooperation And Technology Transfer In Japan Compared With The United States: Another Reason For Japan's Economic Malaise, Robert Kneller Jul 2003

University-Industry Cooperation And Technology Transfer In Japan Compared With The United States: Another Reason For Japan's Economic Malaise, Robert Kneller

University of Pennsylvania Journal of International Law

No abstract provided.


The Financial Stability Forum: A Step In The Right Direction...Not Far Enough, Jason Liberi Jul 2003

The Financial Stability Forum: A Step In The Right Direction...Not Far Enough, Jason Liberi

University of Pennsylvania Journal of International Law

No abstract provided.


The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann Jun 2003

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 ...


Corporations Without Labor: The Politics Of Progressive Corporate Law , Dalia Tsuk Jun 2003

Corporations Without Labor: The Politics Of Progressive Corporate Law , Dalia Tsuk

University of Pennsylvania Law Review

No abstract provided.


We Live's In A Free House Such As It Is: Class And The Creation Of Modern Civil Rights , Risa L. Goluboff Jun 2003

We Live's In A Free House Such As It Is: Class And The Creation Of Modern Civil Rights , Risa L. Goluboff

University of Pennsylvania Law Review

No abstract provided.


Who They Are - Or Were: Middle-Class Welfare In The Early New Deal , Deborah C. Malamud Jun 2003

Who They Are - Or Were: Middle-Class Welfare In The Early New Deal , Deborah C. Malamud

University of Pennsylvania Law Review

No abstract provided.


In Danger Of Becoming Morally Depraved: Single Black Women, Working-Class Black Families, And New York State's Wayward Minor Laws, 1917-1928 , Cheryl D. Hicks Jun 2003

In Danger Of Becoming Morally Depraved: Single Black Women, Working-Class Black Families, And New York State's Wayward Minor Laws, 1917-1928 , Cheryl D. Hicks

University of Pennsylvania Law Review

No abstract provided.


Race As Identity Caricature: A Local Legal History Lesson In The Salience Of Intraracial Conflict , Tomiko Brown-Nagin Jun 2003

Race As Identity Caricature: A Local Legal History Lesson In The Salience Of Intraracial Conflict , Tomiko Brown-Nagin

University of Pennsylvania Law Review

No abstract provided.


Why Do Distressed Companies Choose Delaware? An Empirical Analysis Of Venue Choice In Bankruptcy , Kenneth M. Ayotte, David A. Skeel Jr. May 2003

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 May 2003

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 ...


The Future Of Medical Marijuana: Should The States Grow Their Own, Alex Kreit May 2003

The Future Of Medical Marijuana: Should The States Grow Their Own, Alex Kreit

University of Pennsylvania Law Review

No abstract provided.


"Adjudication On The Merits" Under The Aedpa, William P. Welty May 2003

"Adjudication On The Merits" Under The Aedpa, William P. Welty

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Black And White After Brown: Constructions Of Race In Modern Supreme Court Decisions, Rogers M. Smith May 2003

Black And White After Brown: Constructions Of Race In Modern Supreme Court Decisions, Rogers M. Smith

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Conflating Women's Biological And Sociological Roles: The Ideal Of Motherhood, Equal Protection, And The Implications Of The Nguyen V. Ins Opinion, Caroline Rogus May 2003

Conflating Women's Biological And Sociological Roles: The Ideal Of Motherhood, Equal Protection, And The Implications Of The Nguyen V. Ins Opinion, Caroline Rogus

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Using An Eruv To Untable The Boundaries Of The Supreme Court's Religion-Clause Jurisprudence, Shira J. Schlaff May 2003

Using An Eruv To Untable The Boundaries Of The Supreme Court's Religion-Clause Jurisprudence, Shira J. Schlaff

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Bringing Equality To Power: How The Federal Courts Transformed The Electoral Structure Of Southern Politics, 1960-1990, Peyton Mccraiy May 2003

Bringing Equality To Power: How The Federal Courts Transformed The Electoral Structure Of Southern Politics, 1960-1990, Peyton Mccraiy

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The First Amendment, The Fcc, And Digital Subscriber Line Service: Will Congress Get It Right This Time?, Adam J. Coates May 2003

The First Amendment, The Fcc, And Digital Subscriber Line Service: Will Congress Get It Right This Time?, Adam J. Coates

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Effects Of Collegiality On Judicial Decision Making, Harry T. Edwards May 2003

The Effects Of Collegiality On Judicial Decision Making, Harry T. Edwards

University of Pennsylvania Law Review

No abstract provided.


Reconceptualizing Criminal Law Defenses, V. F. Nourse May 2003

Reconceptualizing Criminal Law Defenses, V. F. Nourse

University of Pennsylvania Law Review

No abstract provided.


Keeping Charity In Charitable Trust Law: The Barnes Foundation And The Case For Consideration Of Public Interest In Administration Of Charitable Trusts, Ilana H. Eisenstein May 2003

Keeping Charity In Charitable Trust Law: The Barnes Foundation And The Case For Consideration Of Public Interest In Administration Of Charitable Trusts, Ilana H. Eisenstein

University of Pennsylvania Law Review

No abstract provided.


Old Promises: The Judiciary And The Future Of Native American Federal Acknowledgment Litigation, Alva C. Mather May 2003

Old Promises: The Judiciary And The Future Of Native American Federal Acknowledgment Litigation, Alva C. Mather

University of Pennsylvania Law Review

No abstract provided.


Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler Apr 2003

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 ...


The Effect Of Educating Prisoners, Japaula Kemp, Marcia Johnson Apr 2003

The Effect Of Educating Prisoners, Japaula Kemp, Marcia Johnson

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Foreward, Susan J. Feathers Apr 2003

Foreward, Susan J. Feathers

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Swinging For The Fence: A Call For Institutional Reform As Dominican Boys Risk Their Futures For A Chance In Major League Baseball, Diana L. Spagnuolo Apr 2003

Swinging For The Fence: A Call For Institutional Reform As Dominican Boys Risk Their Futures For A Chance In Major League Baseball, Diana L. Spagnuolo

University of Pennsylvania Journal of International Law

No abstract provided.


A Wto Agreement On Investment: A Solution In Search Of A Problem, Kevin C. Kennedy Apr 2003

A Wto Agreement On Investment: A Solution In Search Of A Problem, Kevin C. Kennedy

University of Pennsylvania Journal of International Law

No abstract provided.


Masthead, Editors Apr 2003

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Comparative Apologetics Of Racially Regressive Laws In The Confederate States Of America And The South African Republic, Or How Did They Live With Themselves?, Paul Bond Apr 2003

The Comparative Apologetics Of Racially Regressive Laws In The Confederate States Of America And The South African Republic, Or How Did They Live With Themselves?, Paul Bond

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Day The Family Dies: The Bald Eagle, Dna, And Money Privilege In Paternity Fraud Legislation And Common Law Paternity Decisions., Niccol Kording Apr 2003

The Day The Family Dies: The Bald Eagle, Dna, And Money Privilege In Paternity Fraud Legislation And Common Law Paternity Decisions., Niccol Kording

University of Pennsylvania Journal of Law and Social Change

No abstract provided.