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Articles 31 - 60 of 221
Full-Text Articles in Law
Burke V. Kodak And The Spd Circuit Split, Michael Cavadel
Burke V. Kodak And The Spd Circuit Split, Michael Cavadel
University of Pennsylvania Journal of Business 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 `
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.
Capsule Reviews, Book Review/Casenote Editor
Capsule Reviews, Book Review/Casenote Editor
University of Pennsylvania Journal of Business Law
No abstract provided.
Solving The Bluish Collar Problem: An Analysis Of The Dol's Modernization Of The Exemptions To The Fair Labor Standards Act, Regan C. Rowan
Solving The Bluish Collar Problem: An Analysis Of The Dol's Modernization Of The Exemptions To The Fair Labor Standards Act, Regan C. Rowan
University of Pennsylvania Journal of Business Law
No abstract provided.
Selected Current Bibliography, Book Review/Casenote Editor
Selected Current Bibliography, Book Review/Casenote Editor
University of Pennsylvania Journal of Business Law
No abstract provided.
Law In A Time Of Emergency, Kim Lane Scheppele
Law In A Time Of Emergency, Kim Lane Scheppele
Faculty Scholarship at Penn Carey Law
This article examines the domestic and foreign policy responses of the Bush administration to the events of 9/11 and contrasts them with the primary responses of America’s democratic allies in Europe. Both sets of responses are understood through the lens of Carl Schmitt’s writing on the nature of the state of exception, which in many ways provides a blueprint for contemporary American conceptions of emergency powers while providing a notorious and unsuccessful attempt to justify emergency powers to contemporary Europeans. I argue that the divergence in the standard understandings of two formative historical events help explain European and American differences …
Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele
Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele
Faculty Scholarship at Penn Carey 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 …
Reflections On Judging: At Home And Abroad, Patricia M. Wald
Reflections On Judging: At Home And Abroad, Patricia M. Wald
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
No Reason For Exemption: Singleton V. Norris And Involuntary Medication Of Mentally Ill Capital Murderers For The Purpose Of Execution, Amir Vonsover
No Reason For Exemption: Singleton V. Norris And Involuntary Medication Of Mentally Ill Capital Murderers For The Purpose Of Execution, Amir Vonsover
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
A Realpolitik Defense Of Social Rights, Kim Lane Scheppele
A Realpolitik Defense Of Social Rights, Kim Lane Scheppele
Faculty Scholarship at Penn Carey Law
Social rights are controversial in theory, but many constitutions feature long lists of social rights anyway. But how can poor states ever hope to realize these rights? This article examines the practical bargaining over social rights that occurs when countries go broke and international financial institutions step in to direct internal fiscal affairs. Constitutional Courts can give their own governments leverage in bargaining with the IMF by making strong decisions defending social rights just at those moments. Because of the IMF's commitment to the rule of law, it is hard for the IMF to insist as part of the conditionality …
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.
Safe Rules Or Gays' Schools? The Dilemma Of Sexual Orientation Segregation In Public Education, Maurice R. Dyson
Safe Rules Or Gays' Schools? The Dilemma Of Sexual Orientation Segregation In Public Education, Maurice R. Dyson
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Filters And Federalism: Public Library Internet Access, Local Control, And The Federal Spending Power, Anuj C. Desai
Filters And Federalism: Public Library Internet Access, Local Control, And The Federal Spending Power, Anuj C. Desai
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
"Public Use" And The Justification Of Takings, Micah Elazar
"Public Use" And The Justification Of Takings, Micah Elazar
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
A Vintage Conflict Uncorked: The 21st Amendment, The Commerce Clause, And The Fully-Ripened Fight Over Interstate Wine And Liquor Sales, Marc Aaron Melzer
A Vintage Conflict Uncorked: The 21st Amendment, The Commerce Clause, And The Fully-Ripened Fight Over Interstate Wine And Liquor Sales, Marc Aaron Melzer
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
On Software Regulation, Polk Wagner
On Software Regulation, Polk Wagner
Faculty Scholarship at Penn Carey Law
This Article develops a novel analytic framework for the evaluation of regulatory policy in cyberspace, flowing from a reconceptualization of cyberlaw’s central premise: software code as complementary to law rather than its substitute. This approach emphasizes the linkage between law and software; for every quantum of legal-regulatory impact, there is a corresponding equilibria of regulation-bysoftware. The absence of a legal right will stimulate a technological response—and such incentives will moderate with increased rights. Rather than “code is law,” this is “code meets law.” The implications of this methodological shift are explored in the context of the emerging (and intensely controversial) …
General And Specific Legal Rules, Paul G. Mahoney, Chris William Sanchirico
General And Specific Legal Rules, Paul G. Mahoney, Chris William Sanchirico
Faculty Scholarship at Penn Carey Law
Legal rules may be general (that is, applicable to a broad range of situations) or specific. Adopting a custom-tailored rule for a specific activity permits the regulator to make efficient use of information about the social costs and benefits of that activity. However, the rule maker typically relies on the regulated parties for such information. The regulated parties may attempt to influence the rule maker, producing rules that reflect their private interests. We show that in some cases limiting the rule maker to a single rule for multiple activities will moderate this influence and maximize welfare. Available for download at …
Forward, Jennifer Rosato
Forward, Jennifer Rosato
University of Pennsylvania Journal of International Law
No abstract provided.
Extension Of Standing In World Trade Organization Disputes To Nongovernment Parties, Philip M. Nichols
Extension Of Standing In World Trade Organization Disputes To Nongovernment Parties, Philip M. Nichols
University of Pennsylvania Journal of International Law
No abstract provided.
The Trade Stakeholders Model And Participation By Nonstate Parties In The World Trade Organization, G. Richard Shell
The Trade Stakeholders Model And Participation By Nonstate Parties In The World Trade Organization, G. Richard Shell
University of Pennsylvania Journal of International Law
No abstract provided.
A Fish In Water: Sustainable Canadian Atlantic Fisheries Management And International Law, Andrew Fagenholz
A Fish In Water: Sustainable Canadian Atlantic Fisheries Management And International Law, Andrew Fagenholz
University of Pennsylvania Journal of International Law
No abstract provided.
Foreign And Other Economic Rights Upon Conquest And Under Occupation: Iraq In Comparative And Historical Context , James Thuo Gathii
Foreign And Other Economic Rights Upon Conquest And Under Occupation: Iraq In Comparative And Historical Context , James Thuo Gathii
University of Pennsylvania Journal of International Law
No abstract provided.
The Application Of Domestic Patent Law To Exported Software: 35 U.S.C. 271(F), Alan M. Fisch, Brent H. Allen
The Application Of Domestic Patent Law To Exported Software: 35 U.S.C. 271(F), Alan M. Fisch, Brent H. Allen
University of Pennsylvania Journal of International Law
No abstract provided.
The Wto Agreement On Government Procurement: A Necessary Evil In The Legal Strategy For Development In The Poor World, Victor Mosoti
The Wto Agreement On Government Procurement: A Necessary Evil In The Legal Strategy For Development In The Poor World, Victor Mosoti
University of Pennsylvania Journal of International Law
No abstract provided.
Realism, Liberalism, Values, And The World Trade Organization, Philip M. Nichols
Realism, Liberalism, Values, And The World Trade Organization, Philip M. Nichols
University of Pennsylvania Journal of International Law
No abstract provided.
Our Corporate Federalism And The Shape Of Corporate Law, Marcel Kahan, Edward B. Rock
Our Corporate Federalism And The Shape Of Corporate Law, Marcel Kahan, Edward B. Rock
Faculty Scholarship at Penn Carey Law
In the public debate sparked by the corporate scandals of the last years, Delaware has been strikingly absent. In contrast to the high profile activity of Congress, the Securities and Exchange Commission, the stock exchanges, federal prosecutors, and even state law enforcement officials, Delaware has been largely mute: no legislation; no rule-making; no criminal investigations; few headlines. In this Article, we use Delaware's relative passivity during this latest episode of corporate law-making as a starting point in the analysis of the shape of American corporate federalism and Delaware's place within it. We argue that Delaware long ago opted for what …
Intellectual Property Law And The Boundaries Of The Firm, Oren Bar-Gill, Gideon Parchomovsky
Intellectual Property Law And The Boundaries Of The Firm, Oren Bar-Gill, Gideon Parchomovsky
Faculty Scholarship at Penn Carey Law
Arrow's disclosure paradox implies that information that is not afforded legal protection cannot be bought or sold on the market. This paper emphasizes the important relationship between the paradox of disclosure and the boundaries of the firm question. Only legally protected inventions, i.e., patented inventions, may be traded; pre-patent stages of the innovation process may not. Consequently, by force of law, rather than by the guidance of economic principle, pre-patent innovation must be carried out within the boundaries of a single firm.
Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie
Perceptions Of Corruption And Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily, Kelli Lammie
Faculty Scholarship at Penn Carey Law
This study tests the empirical assumptions about American public opinion found in the Supreme Court’s opinions concerning campaign finance reform. The area of campaign finance is a unique one in First Amendment law because the Court has allowed the mere appearance of a problem (in this case, “corruption”) to justify the curtailment of recognized First Amendment rights of speech and association. Since Buckley v. Valeo, defendants in campaign finance cases have proffered various types of evidence to support the notion that the public perceives a great deal of corruption produced by the campaign finance system. Most recently, in McConnell v. …
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
University of Pennsylvania Law Review
No abstract provided.
Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson
Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson
Faculty Scholarship at Penn Carey Law
Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a rational analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal …