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Central Bank Digital Currency As New Public Money, Christina Parajon Skinner
Central Bank Digital Currency As New Public Money, Christina Parajon Skinner
University of Pennsylvania Law Review
No abstract provided.
Combatting Corporate Tokenism: The Role Of Shareholder Derivative Litigation In Board And Executive-Level Diversification, Caitlin Gleason
Combatting Corporate Tokenism: The Role Of Shareholder Derivative Litigation In Board And Executive-Level Diversification, Caitlin Gleason
University of Pennsylvania Law Review
In the wake of several social justice movements, including the #MeToo movement in 2017 and the Black Lives Matter Movement in 2020, corporations increasingly emphasized their commitments to diversity, equity, and inclusion (DEI) in a variety of ways. Amid shifts in both public attitudes and the corporate landscape, a new trend in shareholder derivative actions emerged: shareholders began suing boards of directors for corporate failures related to DEI shortcomings. As a result, major corporations like Meta, Cisco, and Gap have faced suits brought by shareholders seeking to hold boards accountable for corporations’ public pledges to DEI values and initiatives.
Although …
False Analogies To Predatory Pricing, Christopher R. Leslie
False Analogies To Predatory Pricing, Christopher R. Leslie
University of Pennsylvania Law Review
Philosophers and policymakers have long cautioned against comparing incomparable objects or concepts. Scores of judicial opinions caution judges and litigants against comparing apples to oranges. The original idiom, as recited by such sixteenth-century luminaries as Sir Thomas More and William Shakespeare, admonished against equating apples and oysters,4 two items unlikely to be mistaken for each other given their obvious dissimilarities in color, texture, smell, and immediate edibility. Over time, oysters were replaced by oranges and the expression evolved to caution against confusing two types of fruit, which do in fact share some similar qualities but are quite distinct and, thus, …
The Sweep And Force Of Section Three, William Baude, Michael Paulsen
The Sweep And Force Of Section Three, William Baude, Michael Paulsen
University of Pennsylvania Law Review
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This Article corrects those mistakes by setting forth the full sweep and force of Section Three.
First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation. Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by …
Negotiating Legitimacy: An Evaluation Of The Negotiation Class Proposal, Camila Bayly
Negotiating Legitimacy: An Evaluation Of The Negotiation Class Proposal, Camila Bayly
University of Pennsylvania Law Review
No abstract provided.
Publicizing Corporate Secrets, Christopher J. Morten
Publicizing Corporate Secrets, Christopher J. Morten
University of Pennsylvania Law Review
No abstract provided.
Contract Production In M&A Markets, Stephen Choi, Mitu Gulati, Matthew C. Jennejohn, Robert Scott
Contract Production In M&A Markets, Stephen Choi, Mitu Gulati, Matthew C. Jennejohn, Robert Scott
University of Pennsylvania Law Review
No abstract provided.
Privatization, Public Commons, And The Takingsification Of Environmental Law, Erin Ryan
Privatization, Public Commons, And The Takingsification Of Environmental Law, Erin Ryan
University of Pennsylvania Law Review
No abstract provided.
Submerged Independent Agencies, Brian D. Feinstein, Jennifer Nou
Submerged Independent Agencies, Brian D. Feinstein, Jennifer Nou
University of Pennsylvania Law Review
No abstract provided.
Substance And Procedure In Local Administrative Law, Maria Ponomarenko
Substance And Procedure In Local Administrative Law, Maria Ponomarenko
University of Pennsylvania Law Review
No abstract provided.
Pretextual Preemption: The Modern Weaponization Of Preemption In The Regulation Of Concentrated Animal Farming Operations, Lily Moran
University of Pennsylvania Law Review
No abstract provided.
Making Me Ill: Environmental Racism And Justice As Disability, Britney R. Wilson
Making Me Ill: Environmental Racism And Justice As Disability, Britney R. Wilson
University of Pennsylvania Law Review
No abstract provided.
Tax Law As Foreign Policy, Ashley Deeks, Andrew Hayashi
Tax Law As Foreign Policy, Ashley Deeks, Andrew Hayashi
University of Pennsylvania Law Review
No abstract provided.
The Trajectory Of Federal Gun Crimes, Jacob D. Charles, Brandon L. Garrett
The Trajectory Of Federal Gun Crimes, Jacob D. Charles, Brandon L. Garrett
University of Pennsylvania Law Review
No abstract provided.
The Collapse Of The Federal Rules System, David Marcus
The Collapse Of The Federal Rules System, David Marcus
University of Pennsylvania Law Review
No abstract provided.
The Office Of The Chief Circuit Judge, Marin K. Levy, Jon O. Newman
The Office Of The Chief Circuit Judge, Marin K. Levy, Jon O. Newman
University of Pennsylvania Law Review
No abstract provided.
The Past And Future Of Procedure Scholarship, James E. Pfander
The Past And Future Of Procedure Scholarship, James E. Pfander
University of Pennsylvania Law Review
No abstract provided.
Digital Civil Procedure, David Freeman Engstrom
Digital Civil Procedure, David Freeman Engstrom
University of Pennsylvania Law Review
No abstract provided.
The Parent Trap: Rebalancing Parallel Enforcement Between Child Protective Services And Law Enforcement, Ryan Charles Mcevoy
The Parent Trap: Rebalancing Parallel Enforcement Between Child Protective Services And Law Enforcement, Ryan Charles Mcevoy
University of Pennsylvania Law Review
No abstract provided.
Beyond Elections: Abolitionist Lessons For The Law Of Democracy, Kate Bass
Beyond Elections: Abolitionist Lessons For The Law Of Democracy, Kate Bass
University of Pennsylvania Law Review
No abstract provided.
The Congressional Bureaucracy, Jesse M. Cross, Abbe R. Gluck
The Congressional Bureaucracy, Jesse M. Cross, Abbe R. Gluck
University of Pennsylvania Law Review
No abstract provided.
Avoidance Creep, Charlotte Garden
Avoidance Creep, Charlotte Garden
University of Pennsylvania Law Review
No abstract provided.
Availability Of Tolling In A Presidential Prosecution, Kevin Foley
Availability Of Tolling In A Presidential Prosecution, Kevin Foley
University of Pennsylvania Law Review
No abstract provided.
Competition Law As Common Law: American Express And The Evolution Of Antitrust, Michael L. Katz, Douglas Melamed
Competition Law As Common Law: American Express And The Evolution Of Antitrust, Michael L. Katz, Douglas Melamed
University of Pennsylvania Law Review
No abstract provided.
The Case Against Mdl Rulemaking, Jenifer J. Norwalk
The Case Against Mdl Rulemaking, Jenifer J. Norwalk
University of Pennsylvania Law Review
Winner of Penn Law's 2021 Dolores K. Sloviter Prize for the best student paper or research project in the field of judicial administration
Infinite Arbitration Clauses, David Horton
Infinite Arbitration Clauses, David Horton
University of Pennsylvania Law Review
No abstract provided.
The Recommendations Clause And The President’S Role In Legislation, Benjamin J. Schwartz
The Recommendations Clause And The President’S Role In Legislation, Benjamin J. Schwartz
University of Pennsylvania Law Review
Winner of the Law School's 2020 Fred G Leebron Memorial Prize for the best student paper in the field of constitutional law.
A Personal Essay, Nitza I. Quiñones Alejandro
A Personal Essay, Nitza I. Quiñones Alejandro
University of Pennsylvania Law Review
No abstract provided.
Oligopoly Coordination, Economic Analysis, And The Prophylactic Role Of Horizontal Merger Enforcement, Jonathan B. Baker, Joseph Farrell
Oligopoly Coordination, Economic Analysis, And The Prophylactic Role Of Horizontal Merger Enforcement, Jonathan B. Baker, Joseph Farrell
University of Pennsylvania Law Review
No abstract provided.
Administrative Constitutionalism At The "Borders Of Belonging": Drawing On History To Expand The Archive And Change The Lens, Karen M. Tani
Administrative Constitutionalism At The "Borders Of Belonging": Drawing On History To Expand The Archive And Change The Lens, Karen M. Tani
University of Pennsylvania Law Review
Research on administrative constitutionalism has generally come out of law schools, from scholars specializing in public law. A limitation of the existing scholarship is its relatively thin empirical foundation. Administrative constitutionalism is hard to see because much of what administrators do is hard to see, and because the significance of some administrative interpretations only becomes apparent over time. This Article expands the archive, by alerting legal scholars to fine-grained historical research on Americans’ encounters with administrative agencies. This body of work—coming largely out of history departments—is particularly attentive to the experiences of marginalized and non-elite populations. And although the historians …