Law Commons^™

Confirming The Obvious: Why Antique Chinese Bonds Should Remain Antique, Brenda Luo, Alex Xiao

University of Pennsylvania Asian Law Review

No abstract provided.

Other Than Honorable Discharges: Unfair And Unjust Life Sentences Of Decreased Earning Capacity, Jeremy R. Bedford

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Masthead

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Distracted Driving: Testing The Contours Of Law And Public Policy, Nicholas A. Ashford, Charles C. Caldart, Johan Arango-Quiroga, Natharat Mongkolsinh

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Regulatory Sandboxes For Safety Assurance Of Autonomous Vehicles, Joshua T. J. Burd

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The Fundamental Inadequacy Of Tribe-Agency Consultation On Major Federal Infrastructure Projects, Alana K. Bevan

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Sexual Harassment Is Not A Crime: Aligning The Uniform Code Of Military Justice With Title Vii, Laura T. Kessler, Sagen Gearhart

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The Long-Tail Liability Revolution: Creating The New World Of Tort And Insurance Law, Kenneth S. Abraham

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Lifting The Barriers Excluding People Living With Disabilities From The Benefits Of Inclusion In Research Studies, Jennifer S. Bard

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

When Animus Matters And Sex Crime Underreporting Does Not: The Problematic Sex Offender Registry, Ira Mark Ellman

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The War On Whistleblowers, Nancy M. Modesitt

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Editors' Note, Jacques Delisle, Neysun A. Mahboubi

University of Pennsylvania Asian Law Review

No abstract provided.

Dark Law: Legalistic Autocrats, Judicial Deference, And The Global Transformation Of National Security, Stephen Cody

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Executive Accountability Legislation From Watergate To Trump--And Beyond, Kimberly L. Wehle, Jackson Garrity

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Power And Statistical Significance In Securities Fraud Litigation, Jill E. Fisch, Jonah B. Gelbach

All Faculty Scholarship

Event studies, a half-century-old approach to measuring the effect of events on stock prices, are now ubiquitous in securities fraud litigation. In determining whether the event study demonstrates a price effect, expert witnesses typically base their conclusion on whether the results are statistically significant at the 95% confidence level, a threshold that is drawn from the academic literature. As a positive matter, this represents a disconnect with legal standards of proof. As a normative matter, it may reduce enforcement of fraud claims because litigation event studies typically involve quite low statistical power even for large-scale frauds.

This paper, written for …

The Looming Crisis In Antitrust Economics, Herbert J. Hovenkamp

All Faculty Scholarship

As in so many areas of law and politics in the United States, antitrust’s center is at bay. It is besieged by a right wing that wants to limit antitrust even more than it has been limited over the last quarter century. On the left, it faces revisionists who propose significantly greater enforcement.

One thing the two extremes share, however, is denigration of the role of economics in antitrust analysis. On the right, the Supreme Court’s two most recent antitrust decisions at this writing reveal that economic analysis no longer occupies the central role that it once had. On the …

The Racial Reckoning Of Public Interest Law, Shaun Ossei-Owusu, Atinuke Adediran

All Faculty Scholarship

This Essay contends that segments of public interest law often get a pass on questions of race because it is a field of law that is genuinely concerned with marginalized communities. But the historical record, the dearth of empirical data on race, the homogeneity of the legal profession, and the recognition that no one is necessarily immune from racial biases all demand that the public interest bar reckon with its racial character. The racial oversights of public interest law can manifest themselves in hiring, staffing, organizational mission, leadership, and the actual delivery of legal services. We argue that a racial …

Self-Actualization And The Need To Create As A Limit On Copyright, Christopher S. Yoo

All Faculty Scholarship

Personhood theory is almost invariably cited as one of the primary theoretical bases for copyright. The conventional wisdom views creative works as the embodiment of their creator’s personality. This unique connection between authors and their works justifies giving authors property interests in the results of their creative efforts.

This Chapter argues that the conventional wisdom is too limited. It offers too narrow a vision of the ways that creativity can develop personality by focusing exclusively on the results of the creative process and ignoring the self-actualizing benefits of the creative process itself. German aesthetic theory broadens the understanding of the …

Evaluating E-Rulemaking Through Three-Level Online Information Structure: An Empirical Study On Shanghai's Public Participation Practice, Hongzhen Jiang

University of Pennsylvania Asian Law Review

No abstract provided.

Judicial Review Of Regulatory Documents In Administrative Litigation In China, Wang Jing

University of Pennsylvania Asian Law Review

No abstract provided.

Secured Lending Stimulants: The Role And Effects Of Public Credit Guarantees In Japan, Marek Dubovec, Shogo Owada

University of Pennsylvania Asian Law Review

No abstract provided.

Taking Disability Public, Jasmine E. Harris

All Faculty Scholarship

Anti-discrimination laws enforce the idea that no one should be forced or encouraged to hide their race, gender, sexuality or other characteristics of their identity. So why is disability rights law the glaring exception? Other areas of anti-discrimination law have eschewed forms of enforced privacy about protected classes and, as a result, re-frame privacy norms as problematic, antigenic, and, at times, counter to structural reform goals. In contrast, disability rights law values privacy norms to preempt discrimination; in other words, if you never reveal the information, no one can discriminate against you because of that information. This Article argues that …

Reversing The Fortunes Of Active Funds, Adi Libson, Gideon Parchomovsky

All Faculty Scholarship

In 2019, for the first time in the history of U.S. capital markets, passive funds surpassed active funds in terms of total assets under management. The continuous growth of passive funds at the expense of active funds is a genuine cause for concern. Active funds monitor the management and partake of decision-making in their portfolio companies. Furthermore, they improve price efficiency and managerial performance by engaging in informed trading. The buy/sell decisions of active funds provide other market participants reliable information about the quality of firms. The cost of active investing is significant and it is exclusively borne by active …

Indoctrination And Social Influence As A Defense To Crime: Are We Responsible For Who We Are?, Paul H. Robinson, Lindsay Holcomb

All Faculty Scholarship

A patriotic POW is brainwashed by his North Korean captors into refusing repatriation and undertaking treasonous anti-American propaganda for the communist regime. Despite the general abhorrence of treason in time of war, the American public opposes criminal liability for such indoctrinated soldiers, yet existing criminal law provides no defense or mitigation because, at the time of the offense, the indoctrinated offender suffers no cognitive or control dysfunction, no mental or emotional impairment, and no external or internal compulsion. Rather, he was acting purely in the exercise of free of will, albeit based upon beliefs and values that he had not …

Due Process In Antitrust Enforcement: Normative And Comparative Perspectives, Christopher S. Yoo, Yong Huang, Thomas Fetzer, Shan Jiang

All Faculty Scholarship

Due process in antitrust enforcement has significant implications for better professional and accurate enforcement decisions. Not only can due process spur economic growth, raise government credibility, and limit the abuse of powers according to law, it also promotes competitive reforms in monopolized sectors and curbs corruption. Jurisdictions learn from the best practices in the investigation process, decisionmaking process, and the announcement and judicial review of antitrust enforcement decisions. By comparing the enforcement policies of China, the European Union, and the United States, this article calls for better disclosure of evidence, participation of legal counsel, and protection of the procedural and …

Compliance Management Systems: Do They Make A Difference?, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

Regulatory compliance is vital for promoting the public values served by regulation. Yet many businesses remain out of compliance with some of the regulations that apply to them—presenting not only possible dangers to the public but also exposing themselves to potentially significant liability risk. Compliance management systems (CMSs) may help reduce the likelihood of noncompliance. In recent years, managers have begun using CMSs in an effort to address compliance issues in a variety of domains: environment, workplace health and safety, finance, health care, and aviation, among others. CMSs establish systematic, checklist-like processes by which managers seek to improve their organizations’ …

The Irony Of Health Care’S Public Option, Allison K. Hoffman

All Faculty Scholarship

The idea of a public health insurance option is at least a half century old, but has not yet had its day in the limelight. This chapter explains why if that moment ever comes, health care’s public option will fall short of expectations that it will provide a differentiated, meaningful alternative to private health insurance and will spur health insurance competition.

Health care’s public option bubbled up in its best-known form in California in the early 2000s and got increasing mainstream attention in the lead up to the 2010 health reform, the Patient Protection and Affordable Care Act (ACA). The …

Reckoning With Race And Disability, Jasmine E. Harris

All Faculty Scholarship

Our national reckoning with race and inequality must include disability. Race and disability have a complicated but interconnected history. Yet discussions of our most salient socio-political issues such as police violence, prison abolition, healthcare, poverty, and education continue to treat race and disability as distinct, largely biologically based distinctions justifying differential treatment in law and policy. This approach has ignored the ways in which states have relied on disability as a tool of subordination, leading to the invisibility of disabled people of color in civil rights movements and an incomplete theoretical and remedial framework for contemporary justice initiatives. Legal scholars …

Built On Borders? Tensions With The Institution Liberalism (Thought It) Left Behind, Beth A. Simmons, Hein E. Goemans

All Faculty Scholarship

The Liberal International Order is in crisis. While the symptoms are clear to many, the deep roots of this crisis remain obscured. We propose that the Liberal International Order is in tension with the older Sovereign Territorial Order, which is founded on territoriality and borders to create group identities, the territorial state, and the modern international system. The Liberal International Order, in contrast, privileges universality at the expense of groups and group rights. A recognition of this fundamental tension makes it possible to see that some crises that were thought to be unconnected have a common cause: the neglect of …

What Regulators Can Learn From Global Health Governance, Cary Coglianese

All Faculty Scholarship

The Great Pandemic of 2020 shows how much public health around the world depends on effective global and domestic governance. Yet for too long, global health governance and domestic regulatory governance have remained largely separate fields of scholarship and practice. In her book, Global Health Justice and Governance, Jennifer Prah Ruger offers scholars and practitioners of regulatory governance an excellent opportunity to see how domestic regulation shares many of the same problems, strategies, and challenges as global health governance. These commonalities reinforce how much national and subnational regulators can learn from global health governance. Drawing on insights from Prah …