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University of Pennsylvania Carey Law School

2015

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Articles 91 - 120 of 282

Full-Text Articles in Law

May It Please The Court: Federal Courts And School Desegregation Post-Parents Involved, George B. Daniels, Rachel Pereira Jan 2015

May It Please The Court: Federal Courts And School Desegregation Post-Parents Involved, George B. Daniels, Rachel Pereira

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Tort, Speech, And The Dubious Alchemy Of State Action, Cristina Carmody Tilley Jan 2015

Tort, Speech, And The Dubious Alchemy Of State Action, Cristina Carmody Tilley

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Reverse Nullification And Executive Discretion, Michael T. Morley Jan 2015

Reverse Nullification And Executive Discretion, Michael T. Morley

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Feeble In Fact: How Underenforcement, Deference, And Independence Shape The Supreme Court’S Affirmative Action Doctrine, Zachary C. Ewing Jan 2015

Feeble In Fact: How Underenforcement, Deference, And Independence Shape The Supreme Court’S Affirmative Action Doctrine, Zachary C. Ewing

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Mismatched Or Counted Out? What’S Missing From Mismatch Theory And Why It Matters, Stacy L. Hawkins Jan 2015

Mismatched Or Counted Out? What’S Missing From Mismatch Theory And Why It Matters, Stacy L. Hawkins

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Converging Systems: How Changes In Fact And Law Require A Reassessment Of Suppression In Immigration Proceedings, Elizabeth L. Young Jan 2015

Converging Systems: How Changes In Fact And Law Require A Reassessment Of Suppression In Immigration Proceedings, Elizabeth L. Young

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Masthead Jan 2015

Masthead

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Judgment Fund: America's Deepest Pocket & Its Susceptibility To Executive Misuse, Paul F. Figley Jan 2015

The Judgment Fund: America's Deepest Pocket & Its Susceptibility To Executive Misuse, Paul F. Figley

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Prudential Standing Doctrine Abolished Or Waiting For A Comeback?: Lexmark International , Inc. V. Static Control Components, Inc., Bradford C. Mank Jan 2015

Prudential Standing Doctrine Abolished Or Waiting For A Comeback?: Lexmark International , Inc. V. Static Control Components, Inc., Bradford C. Mank

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Recalibrating The Black Lung Benefits Program: Removing Systematic Procedural Barriers From Administrative Proceedings, Brandon Kenney Jan 2015

Recalibrating The Black Lung Benefits Program: Removing Systematic Procedural Barriers From Administrative Proceedings, Brandon Kenney

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


When Privacy Almost Won: Time, Inc. V. Hill, Samantha Barbas Jan 2015

When Privacy Almost Won: Time, Inc. V. Hill, Samantha Barbas

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Critical Mass And The Paradox Of Colorblind Individualism In Equal Protection, Elise C. Boddie Jan 2015

Critical Mass And The Paradox Of Colorblind Individualism In Equal Protection, Elise C. Boddie

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Antitrust And The Patent System: A Reexamination, Herbert J. Hovenkamp Jan 2015

Antitrust And The Patent System: A Reexamination, Herbert J. Hovenkamp

All Faculty Scholarship

Since the federal antitrust laws were first passed they have cycled through extreme positions on the relationship between competition law and the patent system. Previous studies of antitrust and patents have generally assumed that patents are valid, discrete, and generally of high quality in the sense that they further innovation. As a result, increasing the returns to patenting increases the incentive to do socially valuable innovation. Further, if the returns to the patentee exceed the social losses caused by increased exclusion, the tradeoff is positive and antitrust should not interfere. If a patent does nothing to further innovation, however, then …


Prosecute, Sue Or Deport? Transnational Accountability In International Law, Chimène I. Keitner Jan 2015

Prosecute, Sue Or Deport? Transnational Accountability In International Law, Chimène I. Keitner

University of Pennsylvania Law Review Online

No abstract provided.


United States Public Support For The International Criminal Court: A Multivariate Analysis Of Attitudes And Attributes, Harry M. Rhea, Ryan C. Meldrum Jan 2015

United States Public Support For The International Criminal Court: A Multivariate Analysis Of Attitudes And Attributes, Harry M. Rhea, Ryan C. Meldrum

University of Pennsylvania Journal of International Law

No abstract provided.


The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon W. Penney Jan 2015

The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon W. Penney

University of Pennsylvania Journal of International Law

No abstract provided.


Traditional Knowledge Exists; Intellectual Property Is Invented Or Created, Gregory Younging Jan 2015

Traditional Knowledge Exists; Intellectual Property Is Invented Or Created, Gregory Younging

University of Pennsylvania Journal of International Law

No abstract provided.


Judge Posner’S Simple Law, Mitchell N. Berman Jan 2015

Judge Posner’S Simple Law, Mitchell N. Berman

All Faculty Scholarship

The world is complex, Richard Posner observes in his most recent book, Reflections on Judging. It follows that, to resolve real-world disputes sensibly, judges must be astute students of the world’s complexity. The problem, he says, is that, thanks to disposition, training, and professional incentives, they aren’t. Worse than that, the legal system generates its own complexity precisely to enable judges “to avoid rather than meet and overcome the challenge of complexity” that the world delivers. Reflections concerns how judges needlessly complexify inherently simple law, and how this complexification can be corrected.

Posner’s diagnoses and prescriptions range widely—from the Bluebook …


Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman Jan 2015

Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman

All Faculty Scholarship

Japan’s March 2011 triple disaster—first a large earthquake, followed by a massive tsunami and a nuclear meltdown—caused a devastating loss of life, damaged and destroyed property, and left hundreds of thousands of people homeless, hurt, and in need. This article looks at the effort to address the financial needs of the victims of the 3/11 disaster by examining the role of public and private actors in providing compensation, describing the types of groups and individuals for whom compensation is available, and analyzing the range of institutions through which compensation has been allocated. The story is in some ways cause for …


The Future Of Government-Mandated Health Warnings After R.J. Reynolds And American Meat Institute, Bianca Nunes Jan 2015

The Future Of Government-Mandated Health Warnings After R.J. Reynolds And American Meat Institute, Bianca Nunes

University of Pennsylvania Law Review Online

No abstract provided.


Officiating Removal, Leah M. Litman Jan 2015

Officiating Removal, Leah M. Litman

University of Pennsylvania Law Review Online

No abstract provided.


The Functions Of Family Law, Serena Mayeri Jan 2015

The Functions Of Family Law, Serena Mayeri

University of Pennsylvania Law Review Online

No abstract provided.


What Does Voluntary Tax Compliance Mean?: A Government Perspective, J. T. Manhire Jan 2015

What Does Voluntary Tax Compliance Mean?: A Government Perspective, J. T. Manhire

University of Pennsylvania Law Review Online

No abstract provided.


Proposing A Transactional Approach To Civil Forfeiture Reform, Michael Van Den Berg Jan 2015

Proposing A Transactional Approach To Civil Forfeiture Reform, Michael Van Den Berg

University of Pennsylvania Law Review

No abstract provided.


Presidential Settlements, Adam S. Zimmerman Jan 2015

Presidential Settlements, Adam S. Zimmerman

University of Pennsylvania Law Review

No abstract provided.


Toward A Pigouvian State, Jonathan S. Masur, Eric A. Posner Jan 2015

Toward A Pigouvian State, Jonathan S. Masur, Eric A. Posner

University of Pennsylvania Law Review

No abstract provided.


Sec Rules And Human Rights: Specialized Disclosure For Corporate Accountability, Verna Krishnamurthy Jan 2015

Sec Rules And Human Rights: Specialized Disclosure For Corporate Accountability, Verna Krishnamurthy

University of Pennsylvania Journal of International Law

No abstract provided.


The Myth Of Arrestee Dna Expungement, Elizabeth E. Joh Jan 2015

The Myth Of Arrestee Dna Expungement, Elizabeth E. Joh

University of Pennsylvania Law Review Online

No abstract provided.


Tontine Pensions, Jonathan Barry Forman, Michael J. Sabin Jan 2015

Tontine Pensions, Jonathan Barry Forman, Michael J. Sabin

University of Pennsylvania Law Review

No abstract provided.


An Inconvenient Truth: How Forum Non Conveniens Doctrine Allows Defendants To Escape State Court Jurisdiction, Brian J. Springer Jan 2015

An Inconvenient Truth: How Forum Non Conveniens Doctrine Allows Defendants To Escape State Court Jurisdiction, Brian J. Springer

University of Pennsylvania Law Review

No abstract provided.