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Articles 1 - 30 of 223
Full-Text Articles in Law
United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp
United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp
All Faculty Scholarship
The idea that there is a tension between antitrust and the intellectual property laws is readily exaggerated. The tension that exists results mainly from our uncertainty about the optimal amount and scope of IP protection. In general, antitrust draws clearer lines than intellectual property law does, although one should not push the point too far. Antitrust policy as manifested in the courts has achieved a fair amount of consensus today. By contrast, deep uncertainty remains about fundamental questions concerning the socially optimal outcome of IP disputes. In addition, while the antitrust statutes are for the most part public regarding provisions …
Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination , Michael Ashley Stein
Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination , Michael Ashley Stein
University of Pennsylvania Law Review
No abstract provided.
Simplicity At The Cost Of Clarity: Appellate Review Of Claim Construction And The Failed Promise Of Cybor, William H. Burgess
Simplicity At The Cost Of Clarity: Appellate Review Of Claim Construction And The Failed Promise Of Cybor, William H. Burgess
University of Pennsylvania Law Review
No abstract provided.
War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror , Rosa Ehrenreich Brooks
War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror , Rosa Ehrenreich Brooks
University of Pennsylvania Law Review
No abstract provided.
Cross-Border Judgments And The Public Policy Exception: Solving The Foreign Judgment Quandary By Way Of Tribal Courts, Lindsay Loudon Vest
Cross-Border Judgments And The Public Policy Exception: Solving The Foreign Judgment Quandary By Way Of Tribal Courts, Lindsay Loudon Vest
University of Pennsylvania Law Review
No abstract provided.
Icarus In The Boardroom, Introduction, David A. Skeel Jr.
Icarus In The Boardroom, Introduction, David A. Skeel Jr.
All Faculty Scholarship
Americans have always loved risk takers. Like the Icarus of ancient Greek lore, however, even the most talented entrepreneurs can overstep their bounds. All too often, the very qualities that make Icaran executives special - self-confidence, visionary insight, and extreme competitiveness - spur them to take misguided and even illegal chances. The Icaran failure of an ordinary entrepreneur isn't headline news. But put Icarus in the corporate boardroom and - as this book vividly demonstrates - the ripple effects can be profound. Ever since the first large-scale corporations emerged in the nineteenth century, their ability to tap huge amounts of …
Religious Establishment In Hearings To Waive Parental Consent For Abortion, Helena Silverstein, Kathryn Lundwall Alessi
Religious Establishment In Hearings To Waive Parental Consent For Abortion, Helena Silverstein, Kathryn Lundwall Alessi
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Unconventional Decisions: Challenging The Use Of Hotel Taxes In Convention Center Projects, Dionne E. Anthon
Unconventional Decisions: Challenging The Use Of Hotel Taxes In Convention Center Projects, Dionne E. Anthon
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Resurrecting Equal Protection Challenges To Environmental Inequity: A Deliberately Indifferent Optimistic Approach, Brian Faerstein
Resurrecting Equal Protection Challenges To Environmental Inequity: A Deliberately Indifferent Optimistic Approach, Brian Faerstein
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Constitutionally-Based Environmental Justice Suits And Their Likely Negative Environmental And Economic Impact, Amy Luria
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Lost In The Political Thicket: The Court, Election Law, And The Doctrinal Interregnum, Heather K. Gerken
Lost In The Political Thicket: The Court, Election Law, And The Doctrinal Interregnum, Heather K. Gerken
University of Pennsylvania Law Review
No abstract provided.
The Evolution Of Sherman Act Jurisdiction: A Roadmap For Competitive Federalism, Bruce Johnson, Moin A. Yahya
The Evolution Of Sherman Act Jurisdiction: A Roadmap For Competitive Federalism, Bruce Johnson, Moin A. Yahya
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Buckley Is Dead, Long Live Buckley: The New Campaign Finance Incoherence Of Mcconnell V. Federal Election Commission, Richard L. Hasen
Buckley Is Dead, Long Live Buckley: The New Campaign Finance Incoherence Of Mcconnell V. Federal Election Commission, Richard L. Hasen
University of Pennsylvania Law Review
No abstract provided.
The Donor Class: Campaign Finance, Democracy, And Participation, Spencer Overton
The Donor Class: Campaign Finance, Democracy, And Participation, Spencer Overton
University of Pennsylvania Law Review
No abstract provided.
False Campaign Speech And The First Amendment, William P. Marshall
False Campaign Speech And The First Amendment, William P. Marshall
University of Pennsylvania Law Review
No abstract provided.
Resurrecting The White Primary, Ellen D. Katz
Resurrecting The White Primary, Ellen D. Katz
University of Pennsylvania Law Review
No abstract provided.
Reapportionment And Party Realignment In The American States, Stephen Ansolabehere, James M. Snyder Jr.
Reapportionment And Party Realignment In The American States, Stephen Ansolabehere, James M. Snyder Jr.
University of Pennsylvania Law Review
No abstract provided.
The Law Of Democracy, Nathaniel Persily
The Law Of Democracy, Nathaniel Persily
University of Pennsylvania Law Review
No abstract provided.
When The Pols Make The Calls: Mcconnell's Theory Of Judicial Deference In The Twilight Of Buckley, Robert F. Bauer
When The Pols Make The Calls: Mcconnell's Theory Of Judicial Deference In The Twilight Of Buckley, Robert F. Bauer
University of Pennsylvania Law Review
No abstract provided.
Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie
Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie
University of Pennsylvania Law Review
No abstract provided.
Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault
Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault
University of Pennsylvania Law Review
No abstract provided.
Democracy In The Wake Of The California Recall, Elizabeth Garrett
Democracy In The Wake Of The California Recall, Elizabeth Garrett
University of Pennsylvania Law Review
No abstract provided.
Latinos, Anglos, Voters, Candidates, And Voting Rights , Jonathan Nagler, R. Michael Alvarez
Latinos, Anglos, Voters, Candidates, And Voting Rights , Jonathan Nagler, R. Michael Alvarez
University of Pennsylvania Law Review
No abstract provided.
Got Theory, Daniel R. Ortiz
Got Theory, Daniel R. Ortiz
University of Pennsylvania Law Review
No abstract provided.
Where To Draw The Line: Judicial Review Of Political Gerrymanders, Samuel Issacharoff, Pamela S. Karlan
Where To Draw The Line: Judicial Review Of Political Gerrymanders, Samuel Issacharoff, Pamela S. Karlan
University of Pennsylvania Law Review
No abstract provided.
Evaluating Environmental Policies, Lori Snyder Bennear, Cary Coglianese
Evaluating Environmental Policies, Lori Snyder Bennear, Cary Coglianese
All Faculty Scholarship
For too long, environmental policymaking has relied on trial and error, without adequate or systematic learning from either the trials or the errors. Systematic program evaluation research has been remarkably scarce relative to the overall number of environmental policies adopted in the United States, as well as relative to the amount of evaluation research found in other fields, such as medicine, education, or transportation safety. This paper examines the role that program evaluation should play in environmental policy making, distinguishing such research from other types of analysis, including risk assessment, cost-effectiveness analysis, and cost-benefit analysis. It explains the kinds of …
Workers In Troubled Firms: When Are (Should) They Be Protected?, Steven L. Willborn
Workers In Troubled Firms: When Are (Should) They Be Protected?, Steven L. Willborn
University of Pennsylvania Journal of Business Law
No abstract provided.
The Question Remains After Raytheon Co. V. Hernandez: Whether No-Rehire Rules Disparately Impact Alcoholics And Former Drug Abusers, Christine Neylon O'Brien, Jonathan J. Darrow `
The Question Remains After Raytheon Co. V. Hernandez: Whether No-Rehire Rules Disparately Impact Alcoholics And Former Drug Abusers, Christine Neylon O'Brien, Jonathan J. Darrow `
University of Pennsylvania Journal of Business Law
No abstract provided.
Capsule Reviews, Book Review/Casenote Editor
Capsule Reviews, Book Review/Casenote Editor
University of Pennsylvania Journal of Business Law
No abstract provided.
Public Privacy: Warrantless Workplace Searches Of Public Employees, Bryan R. Lemons
Public Privacy: Warrantless Workplace Searches Of Public Employees, Bryan R. Lemons
University of Pennsylvania Journal of Business Law
No abstract provided.