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Full-Text Articles in Law

Watching The Watchers: Surveillance, Transparency, And Political Freedom In The War On Terror, Seth F. Kreimer Sep 2004

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 Jun 2004

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 May 2004

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 Apr 2004

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 Mar 2004

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 Jan 2004

"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 Jan 2004

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 Jan 2004

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. Jan 2004

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 Jan 2004

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 Jan 2004

"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 Jan 2004

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 Jan 2004

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 Jan 2004

Reason, Results, And Criminal Responsibility, Stephen J. Morse

Faculty Scholarship at Penn Carey Law

No abstract provided.


Constitutional Decision Rules, Mitchell N. Berman Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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. Jan 2004

Lawyer For The Situation, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Carey Law

No abstract provided.


Ripstein, Rawls, And Responsibility, Stephen R. Perry Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts

Faculty Scholarship at Penn Carey Law

No abstract provided.