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Articles 31 - 60 of 284
Full-Text Articles in Law
How Can Economics Be Applied To Criminal Justice Reform? (With Transcript), Paul Heaton
How Can Economics Be Applied To Criminal Justice Reform? (With Transcript), Paul Heaton
Case In Point Podcasts
Paul Heaton explains how insights from economics can inform everything from insurance law, drug law and policy, and criminal cases.
A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr.
A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr.
All Faculty Scholarship
Few still believe that Puerto Rico is capable of meeting all of its financial obligations and continuing to provide basic services. The territory is already in default, and conditions are rapidly deteriorating. Is there a way forward? We think there is. In this short article, we outline a two-part plan for correcting Puerto Rico’s most urgent fiscal and financial problems.
The first step is to create an independent financial control board that has authority over Puerto Rico’s budgets and related issues. Notwithstanding concerns that an externally imposed financial control board (FCB) may interfere with the decision making processes of democratically …
Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons
Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons
All Faculty Scholarship
Whether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications for …
Antitrust And Information Technologies, Herbert J. Hovenkamp
Antitrust And Information Technologies, Herbert J. Hovenkamp
All Faculty Scholarship
Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies of information also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. In addition, changes in the technologies of information affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm.
For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. The digital revolution has occurred in …
Challenges To Rule Of Law And Gender Equality Globally (With Transcript), Rangita De Silva De Alwis, Indira Jaising
Challenges To Rule Of Law And Gender Equality Globally (With Transcript), Rangita De Silva De Alwis, Indira Jaising
Case In Point Podcasts
Indira Jaising and Rangita de Silva de Alwis examine gender equality cases and struggles in India and around the world.
The History, Means, And Effects Of Structural Surveillance, Jeffrey L. Vagle
The History, Means, And Effects Of Structural Surveillance, Jeffrey L. Vagle
All Faculty Scholarship
The focus on the technology of surveillance, while important, has had the unfortunate side effect of obscuring the study of surveillance generally, and tends to minimize the exploration of other, less technical means of surveillance that are both ubiquitous and self-reinforcing—what I refer to as structural surveillance— and their effects on marginalized and disenfranchised populations. This Article proposes a theoretical framework for the study of structural surveillance which will act as a foundation for follow-on research in its effects on political participation.
“Spooky Action At A Distance”: Intangible Injury In Fact In The Information Age, Seth F. Kreimer
“Spooky Action At A Distance”: Intangible Injury In Fact In The Information Age, Seth F. Kreimer
All Faculty Scholarship
Two decades after Justice Douglas coined “injury in fact” as the token of admission to federal court under Article III, Justice Scalia sealed it into the constitutional canon in Lujan v. Defenders of Wildlife. In the two decades since Lujan, Justice Scalia has thrown increasingly pointed barbs at the permissive standing doctrine of the Warren Court, maintaining it is founded on impermissible recognition of “Psychic Injury.” Justice Scalia and his acolytes take the position that Article III requires a tough minded, common sense and practical approach. Injuries in fact must be "tangible" "direct" "concrete" "de facto" realities in time and …
Tasers Help Police Avoid Fatal Mistakes, Paul H. Robinson
Tasers Help Police Avoid Fatal Mistakes, Paul H. Robinson
All Faculty Scholarship
This op-ed piece argues that police will inevitably be placed in impossible situations in which they reasonably believe they must shoot to defend themselves but where the shooting in fact turns out to be unnecessary. What can save the police, and the community, from these regular tragedies is a more concerted shift to police use of nonlethal weapons. Taser technology, for example, continues to become increasingly more effective and reliable. While we will always have reasonable mistakes by police in the use of force, it need not be the case that each ends in death or permanent injury. Such a …
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
All Faculty Scholarship
This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly different …
The Synergy Of Privacy And Speech, Nicole B. Cásarez
The Synergy Of Privacy And Speech, Nicole B. Cásarez
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Promoting Inclusion Through Exclusion: Higher Education's Assault On The First Amendment, Adam Lamparello
Promoting Inclusion Through Exclusion: Higher Education's Assault On The First Amendment, Adam Lamparello
JCL Online
No abstract provided.
Non-Contentious Jurisdiction And Consent Decrees, Michael T. Morley
Non-Contentious Jurisdiction And Consent Decrees, Michael T. Morley
JCL Online
No abstract provided.
Progressivism For Me, But Not For Thee , Peter M. Jaworski, Kee En Chong
Progressivism For Me, But Not For Thee , Peter M. Jaworski, Kee En Chong
JCL Online
No abstract provided.
Originalism And Constitutional Construction: A Shelby County Case Study, Kaiya M. A. Arroyo
Originalism And Constitutional Construction: A Shelby County Case Study, Kaiya M. A. Arroyo
JCL Online
No abstract provided.
Confirming Judges In The 2016 Senate Lame Duck Session, Carl Tobias
Confirming Judges In The 2016 Senate Lame Duck Session, Carl Tobias
JCL Online
No abstract provided.
Open Season: Street Harassment As True Threats, Sopen B. Shah
Open Season: Street Harassment As True Threats, Sopen B. Shah
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Note From The Editor-In-Chief, Miriam Archibong
Note From The Editor-In-Chief, Miriam Archibong
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Preserving The Impartiality And Constitutionality Of Sec Aljs: Congressional Reform Over Administrative Remediation, Kaiya Arroyo
Preserving The Impartiality And Constitutionality Of Sec Aljs: Congressional Reform Over Administrative Remediation, Kaiya Arroyo
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Working It Off: Introducing A Service-Based Child Support Model, Laura Lane-Steele
Working It Off: Introducing A Service-Based Child Support Model, Laura Lane-Steele
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Structure Of Corporate Ownership And Control, Sophia Dai, Christian Helfrich
The Structure Of Corporate Ownership And Control, Sophia Dai, Christian Helfrich
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Bid Rigging, A Faintly Discernible Enumeration Under Article 13 Of The Anti-Monopoly Law In China, Sinchit Lai
Bid Rigging, A Faintly Discernible Enumeration Under Article 13 Of The Anti-Monopoly Law In China, Sinchit Lai
University of Pennsylvania Asian Law Review
No abstract provided.
Dual Class Shares, Katie Bentel, Gabriel Walter
Dual Class Shares, Katie Bentel, Gabriel Walter
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Notable Governance Failures: Enron, Siemens And Beyond, Michael Primbs, Clara Wang
Notable Governance Failures: Enron, Siemens And Beyond, Michael Primbs, Clara Wang
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Executive Compensation, Moritz Reinhard, Daniel Velazquez Escobar
Executive Compensation, Moritz Reinhard, Daniel Velazquez Escobar
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Executive Compensation: Mannesmann V. Disney - A Case Study, Do Hee Jeong, Maurice Weidhaas
Executive Compensation: Mannesmann V. Disney - A Case Study, Do Hee Jeong, Maurice Weidhaas
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo
Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Ethos Of Public Service At Penn Law, Theodore W. Ruger
The Ethos Of Public Service At Penn Law, Theodore W. Ruger
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
The Challenges To Political Legitimacy In Contemporary America, Rogers M. Smith
The Challenges To Political Legitimacy In Contemporary America, Rogers M. Smith
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Mothers In Crisis: Redefining And Expanding The Disaster Law Framework To Address Pregnant Women's Health Care Needs, Nancy Zambrana
Mothers In Crisis: Redefining And Expanding The Disaster Law Framework To Address Pregnant Women's Health Care Needs, Nancy Zambrana
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.