Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2006

University of Pennsylvania Law School

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 224

Full-Text Articles in Law

Taxes And Competitiveness, Michael S. Knoll Dec 2006

Taxes And Competitiveness, Michael S. Knoll

Faculty Scholarship at Penn Law

Around the world, the tax laws are shaped by concerns with competitiveness. This paper provides a general theory of how taxes impact competitiveness. As part of that theory, this paper also introduces the concept of tax-based competitiveness neutrality. A tax system is competitively neutral when taxes do not cause competitors to change their relative valuations of any investments. This paper then uses that theory to evaluate tax policy in two high profile and important areas. The paper begins by describing two models of competitiveness, called the conduit or new money model and the investor or old money model. The central ...


Legal Reform In Contemporary Japan, Eric Feldman Dec 2006

Legal Reform In Contemporary Japan, Eric Feldman

Faculty Scholarship at Penn Law

In this chapter I offer a preliminary assessment of a quickly moving target—legal reform and its impact on rights in Japan. Although a broad consensus has emerged among interested parties that at least some degree of reform is desirable, there is significant disagreement about the goals of reform, and also about the likelihood that it will achieve certain objectives. Some commentators believe that the Japanese legal system is on the cusp of a “revolution” that will shore up long-neglected rights and create new entitlements. Others predict that the consequences of reform will be modest; and they despair that aggrieved ...


The Doctrinal Unity Of Alternative Liability And Market-Share Liability, Mark A. Geistfeld Dec 2006

The Doctrinal Unity Of Alternative Liability And Market-Share Liability, Mark A. Geistfeld

University of Pennsylvania Law Review

No abstract provided.


Welfare Polls: A Synthesis, Matthew D. Adler Dec 2006

Welfare Polls: A Synthesis, Matthew D. Adler

Faculty Scholarship at Penn Law

“Welfare polls” are survey instruments that seek to quantify the determinants of human well-being. Currently, three “welfare polling” formats are dominant: contingent-valuation surveys, QALY surveys, and happiness surveys. Each format has generated a large, specialized, scholarly literature, but no comprehensive discussion of welfare polling as a general enterprise exists. This Article seeks to fill that gap. Part I describes the trio of existing formats. Part II discusses the actual and potential uses of welfare polls in government decisionmaking. Part III analyzes in detail the obstacles that welfare polls must overcome to provide useful well-being information, and concludes that they can ...


Between Rights And Contract: Arbitration Agreements And Non-Compete Covenants As A Hybrid Form Of Employment Law , Cynthia L. Estlund Dec 2006

Between Rights And Contract: Arbitration Agreements And Non-Compete Covenants As A Hybrid Form Of Employment Law , Cynthia L. Estlund

University of Pennsylvania Law Review

No abstract provided.


It's About Time: A System Thinking Analysis Of The Litigation Finance Industry And Its Effect On Settlement, Mariel Rodak Dec 2006

It's About Time: A System Thinking Analysis Of The Litigation Finance Industry And Its Effect On Settlement, Mariel Rodak

University of Pennsylvania Law Review

No abstract provided.


Censorship By Proxy: The First Amendment, Internet Intermediaries, And The Problem Of The Weakest Link, Seth F. Kreimer Nov 2006

Censorship By Proxy: The First Amendment, Internet Intermediaries, And The Problem Of The Weakest Link, Seth F. Kreimer

Faculty Scholarship at Penn Law

The rise of the Internet has changed the First Amendment drama, for governments confront technical and political obstacles to sanctioning either speakers or listeners in cyberspace. Faced with these challenges, regulators have fallen back on alternatives, predicated on the fact that, in contrast to the usual free expression scenario, the Internet is not dyadic. The Internet's resistance to direct regulation of speakers and listeners rests on a complex chain of connections, and emerging regulatory mechanisms have begun to focus on the weak links in that chain. Rather than attacking speakers or listeners directly, governments have sought to enlist private ...


Codifying Shari'a: International Norms, Legality & The Freedom To Invent New Forms, Paul H. Robinson, Adnan Zulfiqar, Margaret Kammerud, Michael Orchowski, Elizabeth A. Gerlach, Adam L. Pollock, Thomas M. O'Brien, John C. Lin, Tom Stenson, Negar Katirai, J. John Lee, Marc Aaron Melzer Nov 2006

Codifying Shari'a: International Norms, Legality & The Freedom To Invent New Forms, Paul H. Robinson, Adnan Zulfiqar, Margaret Kammerud, Michael Orchowski, Elizabeth A. Gerlach, Adam L. Pollock, Thomas M. O'Brien, John C. Lin, Tom Stenson, Negar Katirai, J. John Lee, Marc Aaron Melzer

Faculty Scholarship at Penn Law

The United Nations Development Program and the Republic of the Maldives, a small Muslim country with a constitutional democracy, commissioned this project to craft the country's first system of codified penal law and sentencing guidelines. This Article describes the special challenges and opportunities encountered while drafting a penal code based on Shari'a (Islamic law). On the one hand, such comprehensive codification is more important and more likely to bring dramatic improvements in the quality of justice than in many other societies, due in large part to the problems of assuring fair notice and fair adjudication in the uncodified ...


Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler Nov 2006

Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler

Faculty Scholarship at Penn Law

How should agencies and legislatures evaluate possible policies to mitigate the impacts of earthquakes, floods, hurricanes and other natural hazards? In particular, should governmental bodies adopt the sorts of policy-analytic and risk assessment techniques that are widely used in the area of environmental hazards (chemical toxins and radiation)? Environmental hazards policy analysis regularly employs proxy tests, in particular tests of technological “feasibility,” rather than focusing on a policy’s impact on well-being. When human welfare does enter the analysis, particular aspects of well-being, such as health and safety, are often given priority over others. “Individual risk” tests and other features ...


Tribute To Judge Edward R. Becker, John G. Roberts Jr. Nov 2006

Tribute To Judge Edward R. Becker, John G. Roberts Jr.

University of Pennsylvania Law Review

No abstract provided.


Edward R. Becker: A Man In Full, Stephen B. Burbank Nov 2006

Edward R. Becker: A Man In Full, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Judge, Teacher, Friend, Samuel A. Alito Jr. Nov 2006

Judge, Teacher, Friend, Samuel A. Alito Jr.

University of Pennsylvania Law Review

No abstract provided.


Exploding The Class Action Agency Costs Myth: The Social Utility Of Entrepreneurial Lawyers, Myriam Gilles, Gary B. Friedman Nov 2006

Exploding The Class Action Agency Costs Myth: The Social Utility Of Entrepreneurial Lawyers, Myriam Gilles, Gary B. Friedman

University of Pennsylvania Law Review

No abstract provided.


On The Supposed Jury-Dependence Of Evidence Law, Frederick Schauer Nov 2006

On The Supposed Jury-Dependence Of Evidence Law, Frederick Schauer

University of Pennsylvania Law Review

No abstract provided.


An Open Door To Ending Exploitation: Accountability For Violations Of Informed Consent Under The Alien Tort Statute, Erin Talati Nov 2006

An Open Door To Ending Exploitation: Accountability For Violations Of Informed Consent Under The Alien Tort Statute, Erin Talati

University of Pennsylvania Law Review

No abstract provided.


Towards Environmental Entrepreneurship: Restoring The Public Trust Doctrine In New York, Michael Seth Benn Nov 2006

Towards Environmental Entrepreneurship: Restoring The Public Trust Doctrine In New York, Michael Seth Benn

University of Pennsylvania Law Review

No abstract provided.


Making Sentencing Sensible, Douglas A. Berman, Stephanos Bibas Oct 2006

Making Sentencing Sensible, Douglas A. Berman, Stephanos Bibas

Faculty Scholarship at Penn Law

This Term, Cunningham v. California offers the Supreme Court a rare opportunity to bring order to its confusing, incoherent, formalistic body of sentencing law. Sentencing law must accommodate many structural and individual constitutional interests: federalism, the separation of powers, democratic experimentation, individualization, consistency, efficiency, and procedural fairness and notice. The Court, however, has lurched from under- to over-regulation without carefully weighing competing principles and tradeoffs. A nuanced, modern sentencing jurisprudence would emphasize that a trial is a backward-looking, offense-oriented event well suited for a lay jury. Sentencing, in contrast, includes forward-looking, offender-oriented assessments and calls upon an expert, repeat-player judge ...


Tax Practice In A Circular Revolution: A Review Of Pli's Circular 230 Deskbook, Bridget J. Crawford Oct 2006

Tax Practice In A Circular Revolution: A Review Of Pli's Circular 230 Deskbook, Bridget J. Crawford

Faculty Scholarship at Penn Law

This short review essay evaluates the Practicing Law Institute's Circular 230 Deskbook by Jonathan G. Blattmachr, Mitchell M. Gans and Damien Rios. For attorneys, accountants and others who "practice" before the IRS, the Circular 230 Deskbook is a masterful analysis and an important guide to the Internal Revenue Service's labyrinthine rules and regulations governing tax penalties, reportable transactions and the conduct of tax practitioners. Most tax attorneys and accountants have reacted to the recent changes to Circular 230 by appending banner notices to all written communications. Without fully understanding the underlying rules, however, a practitioner cannot be sure ...


Oakwood Healthcare Inc., 348 N.L.R.B. No. 37 (2006): How Textualism Saved The Supervisory Exemption, Michael W. Hawkins, Shawn P. Burton Oct 2006

Oakwood Healthcare Inc., 348 N.L.R.B. No. 37 (2006): How Textualism Saved The Supervisory Exemption, Michael W. Hawkins, Shawn P. Burton

University of Pennsylvania Journal of Business Law

No abstract provided.


The Case Against Tipping, Yoram Margalioth Oct 2006

The Case Against Tipping, Yoram Margalioth

University of Pennsylvania Journal of Business Law

No abstract provided.


Our Nation's Forgotten Workers: The Unprotected Volunteers, Mitchell H. Rubinstein Oct 2006

Our Nation's Forgotten Workers: The Unprotected Volunteers, Mitchell H. Rubinstein

University of Pennsylvania Journal of Business Law

No abstract provided.


Who's Afraid Of Unenumerated Rights?, Randy E. Barnett Oct 2006

Who's Afraid Of Unenumerated Rights?, Randy E. Barnett

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Logic Of Majority Rule, Rebecca L. Brown Oct 2006

The Logic Of Majority Rule, Rebecca L. Brown

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Unenumerated Rights In Different Democratic Regimes, Stephen M. Feldman Oct 2006

Unenumerated Rights In Different Democratic Regimes, Stephen M. Feldman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Regime Politics, Jurisprudential Regimes, And Unenumerated Rights, Howard Gillman Oct 2006

Regime Politics, Jurisprudential Regimes, And Unenumerated Rights, Howard Gillman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Unenumerated Rights Under Popular Constitutionalism, Frank I. Michelman Oct 2006

Unenumerated Rights Under Popular Constitutionalism, Frank I. Michelman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Supreme Court In Bondage: Constitutional Stare Decisis, Legal Formalism, And The Future Of Unenumerated Rights, Lawrence B. Solum Oct 2006

The Supreme Court In Bondage: Constitutional Stare Decisis, Legal Formalism, And The Future Of Unenumerated Rights, Lawrence B. Solum

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Can You Watch Unenumerated Rights Drift?, Mark Tushnet Oct 2006

Can You Watch Unenumerated Rights Drift?, Mark Tushnet

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Unenumerated Duties, Robin West Oct 2006

Unenumerated Duties, Robin West

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Regime Theory And Unenumerated Rights: A Cautionary Note, Barry Cushman Oct 2006

Regime Theory And Unenumerated Rights: A Cautionary Note, Barry Cushman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.