Law Commons^™

The New Synthesis Of Bank Regulation And Bankruptcy In The Dodd-Frank Era, David A. Skeel Jr.

All Faculty Scholarship

Since the enactment of the Dodd-Frank Act in 2010, U.S. bank regulation and bankruptcy have become far more closely intertwined. In this Article, I ask whether the new synthesis of bank regulation and bankruptcy is coherent, and whether it is likely to prove effective.

I begin by exploring some of the basic differences between bank resolution, which is a highly administrative process in the U.S., and bankruptcy, which relies more on courts and the parties themselves. I then focus on a series of remarkable new innovations designed to facilitate the rapid recapitalization of systemically important financial institutions: convertible contingent capital …

How To Successfully Publish Fiction (With Transcript), Kermit Roosevelt Iii, Kimberly Mccreight

Case In Point Podcasts

Kermit Roosevelt and Kimberly McCreight talk about their new novels, and how they write and successfully publish fiction.

Click Download button for transcript.

Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo

All Faculty Scholarship

The emergence of the cloud is heightening the demands on the network in terms of bandwidth, ubiquity, reliability, latency, and route control. Unfortunately, the current architecture was not designed to offer full support for all of these services or to permit money to flow through it. Instead of modifying or adding specific services, the architecture could redesigned to make Internet services contractible by making the relevant information associated with these services both observable and verifiable. Indeed, several on-going research programs are exploring such strategies, including the NSF’s NEBULA, eXpressive Internet Architecture (XIA), ChoiceNet, and the IEEE’s Intercloud projects.

Fairness, Criminal Justice, And “Serial” (With Transcript), John Hollway, Rabia Choudry

Case In Point Podcasts

John Hollway and Rabia Chaudry explore the conviction of Adnan Syed of Serial fame, and what it means for the fairness of our justice system.

Deregulating America’S Big Banks And What It Means For You (With Transcript), David A. Skeel Jr., Kevin Cirilli

Case In Point Podcasts

David Skeel and Kevin Cirilli examine how the U.S. government will regulate America’s big banks in the wake of changes to Dodd-Frank, and what this means for Wall St. and Main St.

Introduction: Cyber And The Changing Face Of War, Claire Oakes Finkelstein, Kevin H. Govern

All Faculty Scholarship

Cyberweapons and cyberwarfare are one of the most dangerous innovations of recent years, and a significant threat to national security. Cyberweapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Cyberwarfare occupies an ambiguous status in the conventions of the laws of war. This book addresses Ethical and legal issues surrounding cyberwarfare by considering whether the Laws of Armed Conflict apply to cyberspace and the ethical position of cyberwarfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal …

The Actavis Inference: Theory And Practice, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro

All Faculty Scholarship

In FTC v. Actavis, Inc., the Supreme Court considered "reverse payment" settlements of patent infringement litigation. In such a settlement, a patentee pays the alleged infringer to settle, and the alleged infringer agrees not to enter the market for a period of time. The Court held that a reverse payment settlement violates antitrust law if the patentee is paying to avoid competition. The core insight of Actavis is the Actavis Inference: a large and otherwise unexplained payment, combined with delayed entry, supports a reasonable inference of harm to consumers from lessened competition.

This paper is an effort to assist courts …

Rediscovering Capture: Antitrust Federalism And The North Carolina Dental Case, Herbert J. Hovenkamp

All Faculty Scholarship

This brief essay analyzes the Supreme Court's 2015 decision in the North Carolina Dental case, assessing its implications for federalism. The decision promises to re-open old divisions that had once made the antitrust "state action" doctrine a controversial lightning rod for debate about state economic sovereignty.

One provocative issue that neither the majority nor the dissenters considered is indicated by the fact that nearly all the cartel customers in the Dental case were located within the state. By contrast, the cartel in Parker v. Brown, which the dissent held up as the correct exemplar of the doctrine, benefited California growers …

Making Sense Of Healthcare Exchanges, And Their Future (With Transcript), Tom Baker, Joel Ario

Case In Point Podcasts

Tom Baker and Joel Ario look at what’s working and what needs to be fixed in healthcare, what may change in the future, and what it means for you

Outside Approaches To Criminal Justice Reform (With Transcript), John Hollway, David Angel

Case In Point Podcasts

John Hollway and David Angel look at efforts to reduce as well as prevent errors, and sometimes tragic outcomes, in the U.S. criminal justice system

Predatory Pricing Under The Areeda-Turner Test, Herbert J. Hovenkamp

All Faculty Scholarship

Few works of legal scholarship have had the impact enjoyed by Areeda and Turner's 1975 article on predatory pricing. Proof of predatory pricing under the Areeda-Turner test requires two things. The plaintiff must show a market structure such that the predator could rationally foresee "recouping the losses through higher profits earned in the absence of competition." This requirement, typically called "recoupment," requires the plaintiff to show that, looking from the beginning of the predation campaign, the predator can reasonably anticipate that the costs of predation will be more than offset by the present value of a future period of monopoly …

Understanding New Threats To Privacy And Cybersecurity (With Transcript), Anita L. Allen, Lisa Sotto

Case In Point Podcasts

Anita Allen and Lisa Sotto examine trends in privacy and cybersecurity, what we mean when we talk about our right to privacy, and more

American Higher Education’S Uncertain Future (With Transcript), Wendell Pritchett, Laura Perna

Case In Point Podcasts

No abstract provided.

Wynne: It's Not About Double Taxation, Michael S. Knoll, Ruth Mason

All Faculty Scholarship

This Article discusses Wynne v. Comptroller, a dormant Commerce Clause case against Maryland pending before the Supreme Court. We use economic analysis to rebut Maryland’s claim that its tax regime does not discriminate against interstate commerce. We also argue that the parties’ framing of the central issue in the case as whether the Constitution requires states to relieve double taxation draws focus away from the discrimination question, and therefore could undermine the Wynnes’ case and lead to unjustified narrowing of the dormant Commerce Clause. We also show how our approach to tax discrimination resolves many of the issues that …

Secularization, Anti-Minority Sentiment, And Cultural Norms In The German Circumcision Controversy, Stephen R. Munzer

University of Pennsylvania Journal of International Law

No abstract provided.

The Enforcement Power In Crisis, William D. Araiza

JCL Online

No abstract provided.

Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Case For Same-Sex Marriage, Adam Lamparello

JCL Online

No abstract provided.

Filling The Federal Appellate Court Vacancies, Carl Tobias

JCL Online

No abstract provided.

The Voting Rights Act, Questions Of Deference & Legislative Facts In A Digital Age, Allison Orr Larsen

JCL Online

No abstract provided.

Indiscriminate Power: Racial Profiling And Surveillance Since 9/11, Carlos Torres, Azadeh Shahshahani, Tye Tavaras

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Long Shadow Of Doctrine, Anne Fleming

University of Pennsylvania Law Review Online

No abstract provided.

Dystopian Constitutionalism, Thomas P. Crocker

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Choice Of Law In Fraudulent Joinder Litigation, Walter Simons

Prize Winning Papers

No abstract provided.

Blowing The Whistle On Consumer Financial Abuse, David Cooper

University of Pennsylvania Law Review

No abstract provided.

The Sonnabend Estate And Fair Market Valuation Of Canyon, Charlotte Melbinger

University of Pennsylvania Law Review Online

No abstract provided.

The Second Way: A Comment On Hawkins And A Cautionary Note, Richard Sander

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Skeletal Norms, Garrick B. Pursley

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Cross-Disciplinary Newsletter Fall 2015

Cross Disciplinary Newsletter

No abstract provided.

Cross-Disciplinary Newsletter Spring 2015

Cross Disciplinary Newsletter

No abstract provided.

Creative Copyright: Tailoring Intellectual Property Policies And Business Strategies For Creative Content Industries In The Digital Age, Bhamati Viswanathan

SJD Dissertations

My dissertation explores intellectual property rights in three fields: fashion, music and education. I examine the varying degrees of IP rights in those fields, and ask whether the differing levels of rights are appropriate to keep these industries creative, innovative and robust. I further examine the salient characteristics of those rights and ask whether such an understanding might help to determine optimal levels of IP protection in other creative industries.