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Articles 1 - 30 of 253
Full-Text Articles in Law
Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese
Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese
All Faculty Scholarship
In this thoughtful and intricate cross-disciplinary debate, Professors Eric W. Orts, of Penn’s Wharton School, and Cary Coglianese, of Penn’s Law School, discuss the benefits and disadvantages of collaborative public policy decision making in the environmental context. It is no exaggeration to say that each year the world grows ever more aware of the nature of the environmental problems we face, and yet critical policy solutions continue to remain beyond the grasp of even the most interested parties. Professor Orts argues that it is time to embrace a different policymaking approach—that of collaborative environmental lawmaking. He argues that "the view …
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
All Faculty Scholarship
In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned instead …
The Shadow Of Credit: The Historical Origins Of Facial Predatory Lending And Its Impact Upon African American Wealth Accumulation, Charles Lewis Nier Iii
The Shadow Of Credit: The Historical Origins Of Facial Predatory Lending And Its Impact Upon African American Wealth Accumulation, Charles Lewis Nier Iii
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
In The Trenches: Searches And The Misunderstood Common-Law History Of Suspicion And Probably Cause, Fabio Arcila Jr.
In The Trenches: Searches And The Misunderstood Common-Law History Of Suspicion And Probably Cause, Fabio Arcila Jr.
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Caveat Emptor: Let The Borrower Beware Of The Subprime Mortgage Market, Andre K. Gary
Caveat Emptor: Let The Borrower Beware Of The Subprime Mortgage Market, Andre K. Gary
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Ultimate Company Town: Wading In The Digital Marsh Of Second Life, Jason S. Zack
The Ultimate Company Town: Wading In The Digital Marsh Of Second Life, Jason S. Zack
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Promoting Public Health And Provider Response To Emergencies And Disasters, Corey P. Hanrahan, Bryan A. Liang
Promoting Public Health And Provider Response To Emergencies And Disasters, Corey P. Hanrahan, Bryan A. Liang
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Mystery Of Mitigation: What Jurors Need To Make A Reasoned Moral Responses In Capital Sentencing, Russell Stetler
The Mystery Of Mitigation: What Jurors Need To Make A Reasoned Moral Responses In Capital Sentencing, Russell Stetler
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Rehnquist Court And The Pollution Control Cases: Anti-Environmental And Pro-Business?, Mark Latham
The Rehnquist Court And The Pollution Control Cases: Anti-Environmental And Pro-Business?, Mark Latham
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Masthead, Editors
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Art And Speech, Edward J. Eberle
Art And Speech, Edward J. Eberle
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
When Batson Met Grutter Exploring The Ramifications Of The Supreme Court's Diversity Pronouncements Within The Computerized Jury Selection Paradigm, Robert A. Caplen
When Batson Met Grutter Exploring The Ramifications Of The Supreme Court's Diversity Pronouncements Within The Computerized Jury Selection Paradigm, Robert A. Caplen
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Law And The Market: The Impact Of Enforcement, John C. Coffee Jr.
Law And The Market: The Impact Of Enforcement, John C. Coffee Jr.
University of Pennsylvania Law Review
No abstract provided.
Causing, Aiding, And The Superfluity Of Accomplice Liability, Michael S. Moore
Causing, Aiding, And The Superfluity Of Accomplice Liability, Michael S. Moore
University of Pennsylvania Law Review
No abstract provided.
Structuring Judicial Review Of Electoral Mechanics: Explanations And Opportunities, Christopher S. Elmendorf
Structuring Judicial Review Of Electoral Mechanics: Explanations And Opportunities, Christopher S. Elmendorf
University of Pennsylvania Law Review
No abstract provided.
Appended Post-Passage Senate Judiciary Committee Report: Unlikely Legislative History For Interpreting Section 5 Of The Reauthorized Voting Rights Act, Erica Lai
University of Pennsylvania Law Review
No abstract provided.
Tradable Patent Rights, Ian Ayres, Gideon Parchomovsky
Tradable Patent Rights, Ian Ayres, Gideon Parchomovsky
All Faculty Scholarship
Patent thickets may inefficiently retard cumulative innovation. This paper explores two alternative mechanisms that may be used to weed out patent thickets. Both mechanisms are intended to reduce the number of patents in our society. The first mechanism we discuss is price based regulation of patents through a system of increasing renewal fees. The second and more innovative mechanism is quantity based regulation through the establishment of a system of Tradable Patent Rights. The formalization of tradable patent rights would essentially create a secondary market for patent permits in which patent protection will be bought and sold.
How Many Avoidance Canons Are There After Clark V. Martinez?, Gilbert Lee
How Many Avoidance Canons Are There After Clark V. Martinez?, Gilbert Lee
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de facto and de jure IP law. The unarticulated incorporation of custom threatens to swallow up IP law, and replace it with industry-led IP regimes that give the public and other creators more limited rights to access and use intellectual property than were envisioned by the Constitution and Congress. This article presents a powerful critique …
The Constitutionality Of Federal Restrictions On The Indemnification Of Attorneys' Fees, Nishchay H. Maskay
The Constitutionality Of Federal Restrictions On The Indemnification Of Attorneys' Fees, Nishchay H. Maskay
University of Pennsylvania Law Review
No abstract provided.
The Origins Of Shared Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban, Owen D. Jones
The Origins Of Shared Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban, Owen D. Jones
All Faculty Scholarship
Contrary to the common wisdom among criminal law scholars, the empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself – physical aggression, takings without consent, and deception in transactions – the shared intuitions are stunningly consistent, across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result? The authors theorize that one explanation may be an evolved predisposition toward …
The Short And Puzzling Life Of The “Implicit Minority Discount” In Delaware Appraisal Law, Lawrence A. Hamermesh, Michael L. Wachter
The Short And Puzzling Life Of The “Implicit Minority Discount” In Delaware Appraisal Law, Lawrence A. Hamermesh, Michael L. Wachter
All Faculty Scholarship
The “implicit minority discount,” or IMD, is a fairly new concept in Delaware appraisal law. A review of the case law discussing the concept, however, reveals that it has emerged haphazardly and has not been fully tested against principles that are generally accepted in the financial community. While control share blocks are valued at a premium because of the particular rights and opportunities associated with control, these are elements of value that cannot fairly be viewed as belonging either to the corporation or its shareholders. In corporations with widely dispersed share holdings, the firm is subject to agency costs that …
International Consensus As Persuasive Authority In The Eighth Amendment, Youngjae Lee
International Consensus As Persuasive Authority In The Eighth Amendment, Youngjae Lee
University of Pennsylvania Law Review
No abstract provided.
Antitrust And Nonprofit Hospital Mergers: A Return To Basics, Barak D. Richman
Antitrust And Nonprofit Hospital Mergers: A Return To Basics, Barak D. Richman
University of Pennsylvania Law Review
No abstract provided.
Expanding The Scope Of The Hatch-Waxman Act's Patent Carve-Out Exception To The Identical Drug Labelling Requirement: Closing The Patent Litigation Loophole, Julie Dohm
University of Pennsylvania Law Review
No abstract provided.
Third-Party Ratings As Modern Reputational Information: How Rules Of Professional Conduct Could Better Serve Lower-Income Legal Consumers, Colleen Petroni
Third-Party Ratings As Modern Reputational Information: How Rules Of Professional Conduct Could Better Serve Lower-Income Legal Consumers, Colleen Petroni
University of Pennsylvania Law Review
No abstract provided.
The Ubit: Leveling An Uneven Playing Field Or Tilting A Level One?, Michael S. Knoll
The Ubit: Leveling An Uneven Playing Field Or Tilting A Level One?, Michael S. Knoll
All Faculty Scholarship
After grateful alumni acquired the Mueller Spaghetti Company on behalf of New York University, and the courts held that the university did not have to pay tax on the pasta maker’s income, Mueller’s competitors cried foul. Congress responded to their pleas and enacted the unrelated business income tax (UBIT). The UBIT subjects an otherwise tax-exempt entity, such as a charitable institution or a religious organization, to tax on its income from a trade or business that is not substantially related to the organization’s tax-exempt purpose. The UBIT is widely viewed as leveling the playing field between taxable for-profit businesses and …
Shareholder Litigation: The Accidental Elegance Of Aronson V. Lewis, David A. Skeel Jr.
Shareholder Litigation: The Accidental Elegance Of Aronson V. Lewis, David A. Skeel Jr.
All Faculty Scholarship
Unlike many key corporate law decisions, the 1984 Delaware Supreme Court decision in Aronson v. Lewis was not heralded by stories in the Wall Street Journal and New York Times, nor in any other newspaper of note. Even now, few people other than corporate law experts are likely to recognize the name. Yet Aronson plays a pivotal role in many corporate law decisions that do get a lot more attention. Aronson established the parameters for filing derivative litigation against the directors of a corporation (or a third party, but derivative suits against third parties are now rare). A shareholder …
Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll
Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll
All Faculty Scholarship
Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we …
Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen
Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen
All Faculty Scholarship
“Illness has recently emerged from the obscurity of medical treatises and private diaries to acquire something like celebrity status,” Professor David Morris astutely observes. Great plagues and epidemics throughout history have won notoriety as collective disasters; and the Western world has made curiosities of an occasional “Elephant Man,” “Wild Boy,” or pair of enterprising “Siamese Twins.” People now reveal their illnesses and medical procedures in conversation, at work and on the internet. This paper explores the reasons why, despite the celebrity of disease and a new openness about health problems, privacy and confidentiality are still values in medicine.