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University of Pennsylvania Carey Law School

Faculty Scholarship at Penn Law

2000

Articles 1 - 30 of 46

Full-Text Articles in Law

The Integration Game, Abraham Bell, Gideon Parchomovsky Dec 2000

The Integration Game, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Crime, Punishment And Prevention, Paul H. Robinson Sep 2000

Crime, Punishment And Prevention, Paul H. Robinson

Faculty Scholarship at Penn Law

The criminal justice system has traditionally been seen as in the business of doing justice: punishing offenders for crimes committed. Yet, the past decade has brought a shift from punishing past crimes to preventing future crimes through the incarceration and control of dangerous offenders. Habitual offender statutes, like "three strikes" laws, sentence repeat offenders to life imprisonment. Jurisdictional reforms lower the age at which juveniles may be tried as adults, inc reasing th e available terms of imprisonment beyond those of juvenile court. Gang membership and recruitment are criminalized. "Megan's Law" statutes require community notification of a convicted sex ...


Some Doubts About Argument By Hypothetical, Paul H. Robinson May 2000

Some Doubts About Argument By Hypothetical, Paul H. Robinson

Faculty Scholarship at Penn Law

In his paper, Why the Successful Assassin Is More Wicked than the Unsuccessful One, Leo Katz "pick[s] up the gauntlet [Sandy] Kadish throws down" to offer a nonconsequentialist justification for giving significance to resulting harm and, in particular, to justify the common practice of punishing attempts less than the completed offense. In one sense, I may not be the ideal person to serve as critic. I am not one of those who, like Kadish and others, does not believe in the significance of resulting harm in assessing blameworthiness (people whom Katz calls the "luck- skeptics" but to whom I ...


Gender And Privacy In Cyberspace, Anita L. Allen May 2000

Gender And Privacy In Cyberspace, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson May 2000

Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson

Faculty Scholarship at Penn Law

When John Darley and I wrote Justice, Liability, and Blame: Community Views and the Criminal Law, our goal was not to provide the definitive account of lay intuitions of justice but rather to stimulate interest in what we saw as an important but long-term project that would require the work of many people. Having this American Association of Law Schools program is itself something toward that end and for that we thank Christopher Slobogin and Cheryl Hanna. In this brief introduction to the Symposium, let me set the stage by doing four things. Part I of this Article summarizes the ...


Publish Or Perish, Gideon Parchomovsky Feb 2000

Publish Or Perish, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Introduction, Anthony J. Scirica Jan 2000

Introduction, Anthony J. Scirica

Faculty Scholarship at Penn Law

No abstract provided.


Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter Jan 2000

Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz Jan 2000

Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang Jan 2000

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


The Inefficiency Of Mens Rea, Claire Oakes Finkelstein Jan 2000

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


The Five Worst (And Five Best) American Criminal Codes, Paul H. Robinson, Michael T. Cahill, Usman Mohammad Jan 2000

The Five Worst (And Five Best) American Criminal Codes, Paul H. Robinson, Michael T. Cahill, Usman Mohammad

Faculty Scholarship at Penn Law

Each American jurisdiction has a criminal code. Most jurisdictions have substantially restructured and improved their codes since 1962, when the American Law Institute first promulgated its Model Penal Code. Such reform efforts are worthwhile, especially in criminal law, because many advantages flow from the thoughtful codification of criminal law rules. By compiling all criminal rules in a single comprehensive source, codification makes access to these rules easier, increasing the chance that citizens will know what the criminal law commands. A codified rule has the advantage of increased precision, which is likely to increase the uniformity of its application. Uncodified rules--or ...


Knowledge About Welfare: Legal Realism And The Separation Of Law And Economics, Herbert J. Hovenkamp Jan 2000

Knowledge About Welfare: Legal Realism And The Separation Of Law And Economics, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The welfare state could not function without judgments about how well off its citizens are. For example, governments devise progressive income taxes, which are designed to capture more wealth from the well off and less from the impecunious. These policies presume an ability to take a manageable amount of information about an individual's income or assets and make judgments about her welfare. In fact, people do this all the time, mostly without thinking about the methodological problems involved.

The superficial casualness of our daily observations about welfare belies the state of the economic science of welfare measurement. Economists have ...


Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts Jan 2000

Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton Jan 2000

Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Rationality And Responsibility, Stephen J. Morse Jan 2000

Rationality And Responsibility, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


When The Rule Swallows The Exception, Claire Oakes Finkelstein Jan 2000

When The Rule Swallows The Exception, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Copyright And Democracy: A Cautionary Note, Christopher S. Yoo Jan 2000

Copyright And Democracy: A Cautionary Note, Christopher S. Yoo

Faculty Scholarship at Penn Law

No abstract provided.


Structuring Criminal Codes To Perform Their Function, Paul H. Robinson Jan 2000

Structuring Criminal Codes To Perform Their Function, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts Jan 2000

The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Raising Arizona: Reflections On Sovereignty And The Nature Of The Plaintiff In Federal Suits Against States, Catherine T. Struve Jan 2000

Raising Arizona: Reflections On Sovereignty And The Nature Of The Plaintiff In Federal Suits Against States, Catherine T. Struve

Faculty Scholarship at Penn Law

No abstract provided.


The Moral Metaphysics Of Causation And Results, Stephen J. Morse Jan 2000

The Moral Metaphysics Of Causation And Results, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Why Does The Criminal Law Care What The Lay Persons Thinks Is Just? Coercive Versus Normative Crime Control, Paul H. Robinson Jan 2000

Why Does The Criminal Law Care What The Lay Persons Thinks Is Just? Coercive Versus Normative Crime Control, Paul H. Robinson

Faculty Scholarship at Penn Law

THE criminal law codification movement of the 1960s and 70s was guided by instrumentalist principles designed to reduce crime, rather than by retributivist notions of giving offenders deserved punishment. The Model Penal Code, which served as a model for nearly all of the period's code reforms, was explicit on the point: The Code's "dominant theme is the prevention of offenses" and its "major goal is to forbid and prevent conduct that threatens substantial harm." Yet, as Part I of this Article will show, even from such a staunchly instrumentalist code came a criminal law that defers to laypersons ...


Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr. Jan 2000

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


The Futures Problem, Geoffrey C. Hazard Jr. Jan 2000

The Futures Problem, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

Perhaps the most difficult problem in addressing mass torts is that of future claimants. "Futures" are those who do not now have claims, because injury has not been sufficiently manifested, but who may well have claims in the future. The Supreme Court's decisions in Amchem and Ortiz appear to have foredoomed any procedural mechanism by which to resolve future claims. This, in turn, will leave defendants in mass tort cases with greatly reduced incentives to participate in mass settlement. That implication makes the possibility of reforms in substantive law perhaps more attractive. In addition, these decisions invite further questions ...


"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin Jan 2000

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Expressive Law And Oppressive Norms: A Comment On Richard Mcadams's "A Focal Point Theory Of Expressive Law", Amy L. Wax Jan 2000

Expressive Law And Oppressive Norms: A Comment On Richard Mcadams's "A Focal Point Theory Of Expressive Law", Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.


Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax Jan 2000

Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.


Vern Countryman And The Path Of Progressive (And Populist) Bankruptcy Scholarship, David A. Skeel Jr. Jan 2000

Vern Countryman And The Path Of Progressive (And Populist) Bankruptcy Scholarship, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Lockups And Delaware Venue In Corporate Law And Bankruptcy, David A. Skeel Jr. Jan 2000

Lockups And Delaware Venue In Corporate Law And Bankruptcy, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.