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Full-Text Articles in Law

Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax Nov 2002

Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax

Faculty Scholarship at Penn Law

The Americans with Disabilities Act (ADA) requires private employers to offer reasonable accommodation to disabled persons capable of performing the core elements of a job. Some economists have attacked the statute as ill-advised and inefficient. In examining the efficiency of the ADA, this article analyzes its cost-effectiveness against the following social and legal background conditions: First, society will honor a minimum commitment to provide basic support to persons - including the medically disabled - who, through no fault of their own, cannot earn enough to maintain a minimally decent standard of living. Second, legal and pragmatic factors, including "sticky" or rigid compensation ...


Copyright Preemption And The Right Of Publicity, Jennifer Rothman Nov 2002

Copyright Preemption And The Right Of Publicity, Jennifer Rothman

Faculty Scholarship at Penn Law

This article addresses the conflict between an ever-expanding right of publicity and the federally guaranteed rights provided by copyright law. This conflict is highlighted in the Wendt v. Host International case in which the actors George Wendt and John Ratzenberger from Cheers used the right of publicity to prevent the show's creators from licensing the use of the Norm and Cliff characters in the decor of a chain of airport bars. Even though the licensing of the characters was explicitly allowed under copyright law, the Ninth Circuit held that the right of publicity prevented the creators from doing so ...


A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White Oct 2002

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


The Pennsylvania Constitution's Protection Of Free Expression, Seth F. Kreimer Oct 2002

The Pennsylvania Constitution's Protection Of Free Expression, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker Jul 2002

Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker

Faculty Scholarship at Penn Law

No abstract provided.


Bounded Evaluation: Cognition, Incoherence, And Regulatory Policy, Cary Coglianese Jun 2002

Bounded Evaluation: Cognition, Incoherence, And Regulatory Policy, Cary Coglianese

Faculty Scholarship at Penn Law

Cass Sunstein, Daniel Kahneman, David Schkade, and Ilana Ritov have recently advanced a cognitive explanation for incoherence in legal decisionmaking, showing how decision makers tend to make micro-level judgments that make little sense when viewed from a broader perspective. Among other things, they claimed to have discovered striking incoherence in regulatory policy evidenced by varied penalty levels across different statutes, with less serious violations sometimes backed up with higher penalties than more serious violations. This paper comments on Sunstein et al.'s treatment of incoherence in regulatory policy, arguing that the same cognitive limitations that Sunstein et al. argue lead ...


Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson May 2002

Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson

Faculty Scholarship at Penn Law

The victims' rights movement has come into increasing influence in setting criminal justice policy. What can be said about where its influence should be heeded, and where it should not? With regard to substantive criminal law in particular, should the victims' rights movement have influence over its formulation and adjudication? The short answer, on which I'll elaborate below, is that it ought to have influence over criminal law formulation but not necessarily over criminal law adjudication. It ought to have influence over criminal law formulation because there is great benefit in formulations that track shared lay intuitions of justice ...


The Virtues Of Restorative Processes, The Vices Of "Restorative Justice", Paul H. Robinson Apr 2002

The Virtues Of Restorative Processes, The Vices Of "Restorative Justice", Paul H. Robinson

Faculty Scholarship at Penn Law

This conference and symposium are important for their ability to make better known the great benefits in the use of restorative processes. Below I try to summarize some of the many promising achievements of those processes, by which I mean to include such practices as victim-offender mediation, sentencing circles, and family group conferences to name just the most common. While many people refer to such processes by the name "Restorative Justice," that term and its originators in fact have a more ambitious agenda than simply encouraging the use of such restorative processes. But that agenda is not one that the ...


Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner Jan 2002

Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner

Faculty Scholarship at Penn Law

No abstract provided.


Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton Jan 2002

Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Towards An Integrated Theory Of Intellectual Property, Gideon Parchomovsky, Peter Siegelman Jan 2002

Towards An Integrated Theory Of Intellectual Property, Gideon Parchomovsky, Peter Siegelman

Faculty Scholarship at Penn Law

No abstract provided.


Uncontrollable Urges And Irrational People, Stephen J. Morse Jan 2002

Uncontrollable Urges And Irrational People, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Never Trust A Corporation, William W. Bratton Jan 2002

Never Trust A Corporation, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner Jan 2002

Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner

Faculty Scholarship at Penn Law

No abstract provided.


How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas Jan 2002

How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


The Paradox Of Delegation: Interpreting The Federal Rules Of Civil Procedure, Catherine T. Struve Jan 2002

The Paradox Of Delegation: Interpreting The Federal Rules Of Civil Procedure, Catherine T. Struve

Faculty Scholarship at Penn Law

No abstract provided.


When Gender Differences Become A Trap: The Impact Of China's Labor Law On Women, Charles J. Ogletree, Rangita De Silva De Alwis Jan 2002

When Gender Differences Become A Trap: The Impact Of China's Labor Law On Women, Charles J. Ogletree, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

No abstract provided.


Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein Jan 2002

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward B. Rock Jan 2002

Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward B. Rock

Faculty Scholarship at Penn Law

No abstract provided.


Enron And The Dark Side Of Shareholder Value, William W. Bratton Jan 2002

Enron And The Dark Side Of Shareholder Value, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin Jan 2002

''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


The Roles Of Litigation, Stephen B. Burbank Jan 2002

The Roles Of Litigation, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Wefare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts Jan 2002

Wefare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter Jan 2002

Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter Jan 2002

An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter

Faculty Scholarship at Penn Law

No abstract provided.


Mens Rea, Paul H. Robinson Jan 2002

Mens Rea, Paul H. Robinson

Faculty Scholarship at Penn Law

Mens Rea, or “guilty mind,” marks a central distinguishing feature of criminal law. An injury caused without mens rea might be grounds for civil liability but typically not for criminal. Criminal liability requires not only causing a prohibited harm or evil -- the “actus reus” of an offense -- but also a particular state of mind with regard to causing that harm or evil. For a phrase so central to criminal law, “mens rea” suffers from a surprising degree of confusion in its meaning. One source of confusion arises from the two distinct ways in which the phrase is used, in a ...


Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang Jan 2002

Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr. Jan 2002

Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


The Roles Of Individuals In Ucc Reform: Is The Uniform Law Process A Potted Plant? The Case Of Revised Ucc Article 8, Charles W. Mooney Jr. Jan 2002

The Roles Of Individuals In Ucc Reform: Is The Uniform Law Process A Potted Plant? The Case Of Revised Ucc Article 8, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman Jan 2002

Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.