Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

A Primer On Prejudgment Interest, Michael S. Knoll Dec 1996

A Primer On Prejudgment Interest, Michael S. Knoll

Faculty Scholarship at Penn Law

No abstract provided.


Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax Jan 1996

Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.


The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter Jan 1996

The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer Jan 1996

Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Brain And Blame, Stephen J. Morse Jan 1996

Brain And Blame, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein Jan 1996

The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson Jan 1996

The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Biology, Justice, And Women's Fate, Dorothy E. Roberts Jan 1996

Biology, Justice, And Women's Fate, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon Jan 1996

"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon

Faculty Scholarship at Penn Law

No abstract provided.


A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts Jan 1996

A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr. Jan 1996

A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Self-Defense As A Rational Excuse, Claire O. Finkelstein Jan 1996

Self-Defense As A Rational Excuse, Claire O. Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts Jan 1996

Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


On The Genealogy Of Moral Hazard, Tom Baker Jan 1996

On The Genealogy Of Moral Hazard, Tom Baker

Faculty Scholarship at Penn Law

No abstract provided.


Principled Silence, Tobias Barrington Wolff Jan 1996

Principled Silence, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

No abstract provided.


Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse Jan 1996

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk Jan 1996

An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk

Faculty Scholarship at Penn Law

When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (each litigant bears its own litigation expenses) nor the British rule (the losing litigant pays the attorneys' fees of the winning litigant) would induce optimal decisions to bring suit. Plaintiffs may bring frivolous suits when litigation costs are small relative to the amount at stake; plaintiffs may not bring meritorious suits when litigation costs are large relative to this amount. More general fee-shifting rules are based not only on the identity of the winning party but also on how strong the court perceives the case to ...


Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein Jan 1996

Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein

Faculty Scholarship at Penn Law

No abstract provided.


Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse Jan 1996

Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock Jan 1996

America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock

Faculty Scholarship at Penn Law

No abstract provided.


Of Chinese Walls, Battering Rams, And Building Permits: Five Lessons About International Economic Law From Sino-U.S. Trade And Investment Relations, Jacques Delisle Jan 1996

Of Chinese Walls, Battering Rams, And Building Permits: Five Lessons About International Economic Law From Sino-U.S. Trade And Investment Relations, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank Jan 1996

Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Race And The New Reproduction, Dorothy E. Roberts Jan 1996

Race And The New Reproduction, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax Jan 1996

The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.


The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts Jan 1996

The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp Jan 1996

Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The Senate hearings considering Elena Kagan’s Supreme Court nomination called new attention to the Constitution's Commerce Clause. That concern might seem odd, given the typical lack of strong grassroots concern over the commerce power. But the 2010 election year is different. One characteristic of the largely conservative "Tea Party" movement is a wish to roll back Constitutional time to the regime envisioned by its founders. As the New York Times reported in early July, 2010, members of the movement believe that the “commerce clause in particular has been pushed beyond recognition.” Members of the movement imagine that Congressional ...


Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax Jan 1996

Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.