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University of Pennsylvania Carey Law School

2004

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Articles 1 - 30 of 219

Full-Text Articles in Law

United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp Dec 2004

United States Antitrust Policy In An Age Of Ip Expansion, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The idea that there is a tension between antitrust and the intellectual property laws is readily exaggerated. The tension that exists results mainly from our uncertainty about the optimal amount and scope of IP protection. In general, antitrust draws clearer lines than intellectual property law does, although one should not push the point too far. Antitrust policy as manifested in the courts has achieved a fair amount of consensus today. By contrast, deep uncertainty remains about fundamental questions concerning the socially optimal outcome of IP disputes. In addition, while the antitrust statutes are for the most part public regarding provisions ...


War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror , Rosa Ehrenreich Brooks Dec 2004

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror , Rosa Ehrenreich Brooks

University of Pennsylvania Law Review

No abstract provided.


Simplicity At The Cost Of Clarity: Appellate Review Of Claim Construction And The Failed Promise Of Cybor, William H. Burgess Dec 2004

Simplicity At The Cost Of Clarity: Appellate Review Of Claim Construction And The Failed Promise Of Cybor, William H. Burgess

University of Pennsylvania Law Review

No abstract provided.


Cross-Border Judgments And The Public Policy Exception: Solving The Foreign Judgment Quandary By Way Of Tribal Courts, Lindsay Loudon Vest Dec 2004

Cross-Border Judgments And The Public Policy Exception: Solving The Foreign Judgment Quandary By Way Of Tribal Courts, Lindsay Loudon Vest

University of Pennsylvania Law Review

No abstract provided.


Icarus In The Boardroom, Introduction, David A. Skeel Jr. Dec 2004

Icarus In The Boardroom, Introduction, David A. Skeel Jr.

Faculty Scholarship at Penn Law

Americans have always loved risk takers. Like the Icarus of ancient Greek lore, however, even the most talented entrepreneurs can overstep their bounds. All too often, the very qualities that make Icaran executives special - self-confidence, visionary insight, and extreme competitiveness - spur them to take misguided and even illegal chances. The Icaran failure of an ordinary entrepreneur isn't headline news. But put Icarus in the corporate boardroom and - as this book vividly demonstrates - the ripple effects can be profound. Ever since the first large-scale corporations emerged in the nineteenth century, their ability to tap huge amounts of capital and the ...


Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination , Michael Ashley Stein Dec 2004

Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination , Michael Ashley Stein

University of Pennsylvania Law Review

No abstract provided.


The Donor Class: Campaign Finance, Democracy, And Participation, Spencer Overton Nov 2004

The Donor Class: Campaign Finance, Democracy, And Participation, Spencer Overton

University of Pennsylvania Law Review

No abstract provided.


Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault Nov 2004

Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault

University of Pennsylvania Law Review

No abstract provided.


Resurrecting The White Primary, Ellen D. Katz Nov 2004

Resurrecting The White Primary, Ellen D. Katz

University of Pennsylvania Law Review

No abstract provided.


Lost In The Political Thicket: The Court, Election Law, And The Doctrinal Interregnum, Heather K. Gerken Nov 2004

Lost In The Political Thicket: The Court, Election Law, And The Doctrinal Interregnum, Heather K. Gerken

University of Pennsylvania Law Review

No abstract provided.


Buckley Is Dead, Long Live Buckley: The New Campaign Finance Incoherence Of Mcconnell V. Federal Election Commission, Richard L. Hasen Nov 2004

Buckley Is Dead, Long Live Buckley: The New Campaign Finance Incoherence Of Mcconnell V. Federal Election Commission, Richard L. Hasen

University of Pennsylvania Law Review

No abstract provided.


Latinos, Anglos, Voters, Candidates, And Voting Rights , Jonathan Nagler, R. Michael Alvarez Nov 2004

Latinos, Anglos, Voters, Candidates, And Voting Rights , Jonathan Nagler, R. Michael Alvarez

University of Pennsylvania Law Review

No abstract provided.


Reapportionment And Party Realignment In The American States, Stephen Ansolabehere, James M. Snyder Jr. Nov 2004

Reapportionment And Party Realignment In The American States, Stephen Ansolabehere, James M. Snyder Jr.

University of Pennsylvania Law Review

No abstract provided.


Got Theory, Daniel R. Ortiz Nov 2004

Got Theory, Daniel R. Ortiz

University of Pennsylvania Law Review

No abstract provided.


Where To Draw The Line: Judicial Review Of Political Gerrymanders, Samuel Issacharoff, Pamela S. Karlan Nov 2004

Where To Draw The Line: Judicial Review Of Political Gerrymanders, Samuel Issacharoff, Pamela S. Karlan

University of Pennsylvania Law Review

No abstract provided.


The Law Of Democracy, Nathaniel Persily Nov 2004

The Law Of Democracy, Nathaniel Persily

University of Pennsylvania Law Review

No abstract provided.


When The Pols Make The Calls: Mcconnell's Theory Of Judicial Deference In The Twilight Of Buckley, Robert F. Bauer Nov 2004

When The Pols Make The Calls: Mcconnell's Theory Of Judicial Deference In The Twilight Of Buckley, Robert F. Bauer

University of Pennsylvania Law Review

No abstract provided.


Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie Nov 2004

Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie

University of Pennsylvania Law Review

No abstract provided.


Democracy In The Wake Of The California Recall, Elizabeth Garrett Nov 2004

Democracy In The Wake Of The California Recall, Elizabeth Garrett

University of Pennsylvania Law Review

No abstract provided.


False Campaign Speech And The First Amendment, William P. Marshall Nov 2004

False Campaign Speech And The First Amendment, William P. Marshall

University of Pennsylvania Law Review

No abstract provided.


Evaluating Environmental Policies, Lori Snyder Bennear, Cary Coglianese Nov 2004

Evaluating Environmental Policies, Lori Snyder Bennear, Cary Coglianese

Faculty Scholarship at Penn Law

For too long, environmental policymaking has relied on trial and error, without adequate or systematic learning from either the trials or the errors. Systematic program evaluation research has been remarkably scarce relative to the overall number of environmental policies adopted in the United States, as well as relative to the amount of evaluation research found in other fields, such as medicine, education, or transportation safety. This paper examines the role that program evaluation should play in environmental policy making, distinguishing such research from other types of analysis, including risk assessment, cost-effectiveness analysis, and cost-benefit analysis. It explains the kinds of ...


The Evolution Of Sherman Act Jurisdiction: A Roadmap For Competitive Federalism, Bruce Johnson, Moin A. Yahya Nov 2004

The Evolution Of Sherman Act Jurisdiction: A Roadmap For Competitive Federalism, Bruce Johnson, Moin A. Yahya

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Unconventional Decisions: Challenging The Use Of Hotel Taxes In Convention Center Projects, Dionne E. Anthon Nov 2004

Unconventional Decisions: Challenging The Use Of Hotel Taxes In Convention Center Projects, Dionne E. Anthon

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Religious Establishment In Hearings To Waive Parental Consent For Abortion, Helena Silverstein, Kathryn Lundwall Alessi Nov 2004

Religious Establishment In Hearings To Waive Parental Consent For Abortion, Helena Silverstein, Kathryn Lundwall Alessi

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Constitutionally-Based Environmental Justice Suits And Their Likely Negative Environmental And Economic Impact, Amy Luria Nov 2004

Constitutionally-Based Environmental Justice Suits And Their Likely Negative Environmental And Economic Impact, Amy Luria

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Resurrecting Equal Protection Challenges To Environmental Inequity: A Deliberately Indifferent Optimistic Approach, Brian Faerstein Nov 2004

Resurrecting Equal Protection Challenges To Environmental Inequity: A Deliberately Indifferent Optimistic Approach, Brian Faerstein

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Question Remains After Raytheon Co. V. Hernandez: Whether No-Rehire Rules Disparately Impact Alcoholics And Former Drug Abusers, Christine Neylon O'Brien, Jonathan J. Darrow ` Oct 2004

The Question Remains After Raytheon Co. V. Hernandez: Whether No-Rehire Rules Disparately Impact Alcoholics And Former Drug Abusers, Christine Neylon O'Brien, Jonathan J. Darrow `

University of Pennsylvania Journal of Business Law

No abstract provided.


Burke V. Kodak And The Spd Circuit Split, Michael Cavadel Oct 2004

Burke V. Kodak And The Spd Circuit Split, Michael Cavadel

University of Pennsylvania Journal of Business Law

No abstract provided.


Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele Oct 2004

Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele

Faculty Scholarship at Penn Law

After September 11, many countries changed their laws to make it easier to fight terrorism. They did so in part because the United Nations Security Council passed Resolution 1373 under its Chapter VII powers. The resolution required all Members of the United Nations to criminalize terrorism, to prevent their territory from being used to plan or promote terrorism, to crack down on terrorism financing, to tighten up immigration and asylum procedures and to share information about terrorists and terrorist threats with other states. This article examines what happened to the Security Council mandate when it got to Europe by first ...


Book Review, Victoria E. Anderson Oct 2004

Book Review, Victoria E. Anderson

University of Pennsylvania Journal of Business Law

No abstract provided.