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University of Pennsylvania Carey Law School

2002

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The Globalization Of Jurisdiction, Paul Schiff Berman Dec 2002

The Globalization Of Jurisdiction, Paul Schiff Berman

University of Pennsylvania Law Review

No abstract provided.


Are Clinical Ethics Consultants In Danger - An Analysis Of The Potential Legal Liability Of Individual Clinical Ethicists, David N. Sontag Dec 2002

Are Clinical Ethics Consultants In Danger - An Analysis Of The Potential Legal Liability Of Individual Clinical Ethicists, David N. Sontag

University of Pennsylvania Law Review

No abstract provided.


Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax Nov 2002

Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax

All Faculty Scholarship

The Americans with Disabilities Act (ADA) requires private employers to offer reasonable accommodation to disabled persons capable of performing the core elements of a job. Some economists have attacked the statute as ill-advised and inefficient. In examining the efficiency of the ADA, this article analyzes its cost-effectiveness against the following social and legal background conditions: First, society will honor a minimum commitment to provide basic support to persons - including the medically disabled - who, through no fault of their own, cannot earn enough to maintain a minimally decent standard of living. Second, legal and pragmatic factors, including "sticky" or …


Strung Out: Legal Citation, The Bluebook, And The Anxiety Of Authority, Michael Bacchus Nov 2002

Strung Out: Legal Citation, The Bluebook, And The Anxiety Of Authority, Michael Bacchus

University of Pennsylvania Law Review

No abstract provided.


Reconsidering Estoppel: Patent Administration And The Failure Of Festo , R. Polk Wagner Nov 2002

Reconsidering Estoppel: Patent Administration And The Failure Of Festo , R. Polk Wagner

University of Pennsylvania Law Review

No abstract provided.


Penn Law Journal: Profiles Oct 2002

Penn Law Journal: Profiles

The Journal

No abstract provided.


A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White Oct 2002

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

All Faculty Scholarship

No abstract provided.


Making A Private Equity/Venture Capital Investment In Japan: Implementing Techniques Commonly Used In U.S. Transactions , Kenneth J. Lebrun Jul 2002

Making A Private Equity/Venture Capital Investment In Japan: Implementing Techniques Commonly Used In U.S. Transactions , Kenneth J. Lebrun

University of Pennsylvania Journal of International Law

No abstract provided.


The New Proposal For A European Union Directive On Market Abuse,, Jesper Lau Hansen Jul 2002

The New Proposal For A European Union Directive On Market Abuse,, Jesper Lau Hansen

University of Pennsylvania Journal of International Law

No abstract provided.


The Americanization Of Japanese Law, R. Daniel Kelemen, Eric C. Sibbitt Jul 2002

The Americanization Of Japanese Law, R. Daniel Kelemen, Eric C. Sibbitt

University of Pennsylvania Journal of International Law

No abstract provided.


Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker Jul 2002

Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker

All Faculty Scholarship

No abstract provided.


The Promised Land: An Examination Of The Israeli High-Tech Industry, Lesha R. Chaifetz Jul 2002

The Promised Land: An Examination Of The Israeli High-Tech Industry, Lesha R. Chaifetz

University of Pennsylvania Journal of International Law

No abstract provided.


The University Of Pennsylvania Law Review: 150 Years Of History, Edwin J. Greenlee Jun 2002

The University Of Pennsylvania Law Review: 150 Years Of History, Edwin J. Greenlee

University of Pennsylvania Law Review

No abstract provided.


Rebuilding Bridges: The Bar, The Bench, And The Academy , Seth P. Waxman Jun 2002

Rebuilding Bridges: The Bar, The Bench, And The Academy , Seth P. Waxman

University of Pennsylvania Law Review

No abstract provided.


Bounded Evaluation: Cognition, Incoherence, And Regulatory Policy, Cary Coglianese Jun 2002

Bounded Evaluation: Cognition, Incoherence, And Regulatory Policy, Cary Coglianese

All Faculty Scholarship

Cass Sunstein, Daniel Kahneman, David Schkade, and Ilana Ritov have recently advanced a cognitive explanation for incoherence in legal decisionmaking, showing how decision makers tend to make micro-level judgments that make little sense when viewed from a broader perspective. Among other things, they claimed to have discovered striking incoherence in regulatory policy evidenced by varied penalty levels across different statutes, with less serious violations sometimes backed up with higher penalties than more serious violations. This paper comments on Sunstein et al.'s treatment of incoherence in regulatory policy, arguing that the same cognitive limitations that Sunstein et al. argue lead to …


Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson May 2002

Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson

All Faculty Scholarship

The victims' rights movement has come into increasing influence in setting criminal justice policy. What can be said about where its influence should be heeded, and where it should not? With regard to substantive criminal law in particular, should the victims' rights movement have influence over its formulation and adjudication? The short answer, on which I'll elaborate below, is that it ought to have influence over criminal law formulation but not necessarily over criminal law adjudication. It ought to have influence over criminal law formulation because there is great benefit in formulations that track shared lay intuitions of justice, and …


Racial Mind-Games And Reapportionment: When Can Race Be Considered (Legitimately) In Redistricing?, Ken Gormley May 2002

Racial Mind-Games And Reapportionment: When Can Race Be Considered (Legitimately) In Redistricing?, Ken Gormley

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler May 2002

The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler

University of Pennsylvania Law Review

No abstract provided.


Pricing The Priceless: Cost-Benefit Analysis Of Environmental Protection, Frank Ackerman, Lisa Heinzerling May 2002

Pricing The Priceless: Cost-Benefit Analysis Of Environmental Protection, Frank Ackerman, Lisa Heinzerling

University of Pennsylvania Law Review

No abstract provided.


A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Robert W. Hahn, Cass R. Sunstein May 2002

A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Robert W. Hahn, Cass R. Sunstein

University of Pennsylvania Law Review

No abstract provided.


A Game Theoretic Analysis Of Alternative Institutions For Regulatory Cost-Benefit Analysis, Jason Scott Johnston May 2002

A Game Theoretic Analysis Of Alternative Institutions For Regulatory Cost-Benefit Analysis, Jason Scott Johnston

University of Pennsylvania Law Review

No abstract provided.


Penn Law Journal: The Tool Of Law Apr 2002

Penn Law Journal: The Tool Of Law

The Journal

No abstract provided.


Voting For Your Boss: An Economic Argument For Workplace Democracy, Wayne Eastman, Michael Santoro Apr 2002

Voting For Your Boss: An Economic Argument For Workplace Democracy, Wayne Eastman, Michael Santoro

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Masthead, Editors Apr 2002

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Does The Establishment Clause Matter? Non-Establishment Principles In The United States And Canada, Donald L. Beschle Apr 2002

Does The Establishment Clause Matter? Non-Establishment Principles In The United States And Canada, Donald L. Beschle

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Liberalism And Membership, Eric J. Mitnick Apr 2002

Liberalism And Membership, Eric J. Mitnick

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Stock Markets In Sub-Saharan Africa: Western Legal Institutions As A Component Of The Neo-Colonial Project, Charles R.P. Pouncy Apr 2002

Stock Markets In Sub-Saharan Africa: Western Legal Institutions As A Component Of The Neo-Colonial Project, Charles R.P. Pouncy

University of Pennsylvania Journal of International Law

No abstract provided.


Of Ducks And Dissertations: A Call For A Return To The National Labor Relations Board's "Primary Purpose Test" In Determining The Status Of Graduate Assistants Under The National Labor Relations Act, Gregory Gartland Apr 2002

Of Ducks And Dissertations: A Call For A Return To The National Labor Relations Board's "Primary Purpose Test" In Determining The Status Of Graduate Assistants Under The National Labor Relations Act, Gregory Gartland

University of Pennsylvania Journal of Business Law

No abstract provided.


The Denial Of Benefits To The Same-Sex Domestic Partners Of State Employees: How Do Claims Of Discrimination Fare Ouside The Shadow Of Erisa Preemption?, Alex Turner Apr 2002

The Denial Of Benefits To The Same-Sex Domestic Partners Of State Employees: How Do Claims Of Discrimination Fare Ouside The Shadow Of Erisa Preemption?, Alex Turner

University of Pennsylvania Journal of Business Law

No abstract provided.


Book Review, James A. Gross Apr 2002

Book Review, James A. Gross

University of Pennsylvania Journal of Business Law

No abstract provided.