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Articles 1 - 28 of 28
Full-Text Articles in Law
Watching The Watchers: Surveillance, Transparency, And Political Freedom In The War On Terror, Seth F. Kreimer
Watching The Watchers: Surveillance, Transparency, And Political Freedom In The War On Terror, Seth F. Kreimer
Faculty Scholarship at Penn Carey Law
No abstract provided.
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …
Pleas' Progress, Stephanos Bibas
Pleas' Progress, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
No abstract provided.
Interview With Leon S. Forman, Jason E. Dymbort, Leon S. Forman, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Leon S. Forman, Jason E. Dymbort, Leon S. Forman, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above. For video index, click the link below.
Leon S. Forman (L'39) was an authority on bankruptcy and creditors' rights. He practiced law for more than sixty years and served as chairman of the Philadelphia Bar Association's corporation, banking and business law section, and as chairman of the Pennsylvania Bar Association's bankruptcy committee. He was a member of the American Law Institute. He taught bankruptcy and creditors' rights at the Law School of the University of Pennsylvania and at Temple University School of Law. He died in 2006.
Interview With Michael Levy, Christina Fahmy, Michael Levy, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Michael Levy, Christina Fahmy, Michael Levy, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above
Michael Levy (L '69) is the Chief of Computer Crimes at the United States Attorney’s Office for the Eastern District of Pennsylvania. He has served in the U.S. Department of Justice since 1980 with two one-year excursions into private practice. Before joining the U.S. Attorney’s office, Mr. Levy worked as a Public Defender and as an Assistant District Attorney in Philadelphia and as an Assistant Attorney General for the Commonwealth of Pennsylvania. He also had his own law practice for four years.
"A Question Which Convulses A Nation": The Early Republic's Greatest Debate About The Judicial Review Power, Theodore Ruger
"A Question Which Convulses A Nation": The Early Republic's Greatest Debate About The Judicial Review Power, Theodore Ruger
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
No abstract provided.
Torture, Necessity, And The Union Of Law & Philosophy, Kimberly Kessler Ferzan
Torture, Necessity, And The Union Of Law & Philosophy, Kimberly Kessler Ferzan
Faculty Scholarship at Penn Carey Law
This brief essay critiques the torture memoranda's use of the necessity defense from the perspectives of criminal law doctrine, criminal law theory, and moral philosophy.
Humanity And The Law, Geoffrey C. Hazard Jr.
Humanity And The Law, Geoffrey C. Hazard Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
"The Shame Of It All": Stigma And The Political Disenfranchisement Of Formerly Convicted And Incarcerated Persons, Regina Austin
"The Shame Of It All": Stigma And The Political Disenfranchisement Of Formerly Convicted And Incarcerated Persons, Regina Austin
Faculty Scholarship at Penn Carey Law
No abstract provided.
Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin
Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis
The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis
Faculty Scholarship at Penn Carey Law
In April 2001, the Standing Committee of the Ninth National People's Congress (NPC), China's highest legislative body, passed the long-debated and much awaited amendments to the Marriage Law on the closing day of its twenty-first session. As stated by one PRC commentator, "In the 50 years since the founding of the New China, there has not been any law that has caused such a widespread concern for ordinary people."'
Even though the recent revisions to the marriage laws have been hailed as some of the most significant and positive changes in family law in China, thus far no empirical evaluation …
Reason, Results, And Criminal Responsibility, Stephen J. Morse
Reason, Results, And Criminal Responsibility, Stephen J. Morse
Faculty Scholarship at Penn Carey Law
No abstract provided.
Constitutional Decision Rules, Mitchell N. Berman
Constitutional Decision Rules, Mitchell N. Berman
Faculty Scholarship at Penn Carey Law
No abstract provided.
Human Rights And National Security: The Strategic Correlation, William W. Burke-White
Human Rights And National Security: The Strategic Correlation, William W. Burke-White
Faculty Scholarship at Penn Carey Law
No abstract provided.
Econometric Analysis Of U.S. Abortion Policy: A Critical Review, Jonathan Klick
Econometric Analysis Of U.S. Abortion Policy: A Critical Review, Jonathan Klick
Faculty Scholarship at Penn Carey Law
No abstract provided.
Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick
Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick
Faculty Scholarship at Penn Carey Law
No abstract provided.
Race, Face, And Rawls, Anita L. Allen
Race, Face, And Rawls, Anita L. Allen
Faculty Scholarship at Penn Carey Law
No abstract provided.
Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
Faculty Scholarship at Penn Carey Law
Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …
Lawyer For The Situation, Geoffrey C. Hazard Jr.
Lawyer For The Situation, Geoffrey C. Hazard Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
Ripstein, Rawls, And Responsibility, Stephen R. Perry
Ripstein, Rawls, And Responsibility, Stephen R. Perry
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
Faculty Scholarship at Penn Carey Law
No abstract provided.
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Conceptual Jurisprudence Of The German Constitution, William Ewald
The Conceptual Jurisprudence Of The German Constitution, William Ewald
Faculty Scholarship at Penn Carey Law
No abstract provided.
Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle
Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle
Faculty Scholarship at Penn Carey Law
No abstract provided.
Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton
Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.