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University of Pennsylvania Carey Law School

2005

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Articles 1 - 30 of 209

Full-Text Articles in Law

Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler Dec 2005

Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler

Faculty Scholarship at Penn Law

“QALYs” (Quality-Adjusted Life Years) are a metric for health and longevity very widely employed by health researchers. Surveys are used to assign health states a quality ranking on zero-one scale, with zero representing a health state no better than death and one perfect health. The total QALY value of a health profile is calculated as the time spent in its component health states, each weighted by its quality. Until a few years ago, despite the huge academic literature on QALY measurement, this approach was seldom used by policymakers in the U.S. But there have been recent signs of governmental ...


Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp Dec 2005

Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The history of IP/antitrust litigation is filled with exaggerated notions of the power conferred by IP rights and imagined threats to competition. The result is that antitrust litigation involving IP practices has seen problems where none existed. To be sure, finding the right balance between maintaining competition and creating incentives to innovate is no easy task. However, the judge in an IP/antitrust case almost never needs to do the balancing, most of which is done in the language of the IP provisions. The role of antitrust tribunals is the much more limited one of ensuring that any alleged ...


A New Approach To Insanity Acquittee Recidivism: Redefining The Class Of Truly Responsible Recidivists, Maura Caffrey Dec 2005

A New Approach To Insanity Acquittee Recidivism: Redefining The Class Of Truly Responsible Recidivists, Maura Caffrey

University of Pennsylvania Law Review

No abstract provided.


Horizontal Federalism In An Age Of Criminal Justice Interconnectedness , Wayne A. Logan Dec 2005

Horizontal Federalism In An Age Of Criminal Justice Interconnectedness , Wayne A. Logan

University of Pennsylvania Law Review

No abstract provided.


Quality, Not Quantity: An Analysis Of Confidential Settlements And Litigants' Economic Incentives, Alison Lothes Dec 2005

Quality, Not Quantity: An Analysis Of Confidential Settlements And Litigants' Economic Incentives, Alison Lothes

University of Pennsylvania Law Review

No abstract provided.


Equity Analysis And Natural Hazards Policy, Matthew D. Adler Nov 2005

Equity Analysis And Natural Hazards Policy, Matthew D. Adler

Faculty Scholarship at Penn Law

What is an “equitable” policy for mitigating the impacts of hurricanes, earthquakes, floods, and other natural hazards? Economists tend to see “equity” or “distribution” as irreducibly political and subjective. But, in truth, equity analysis and cost-benefit analysis are on a par. Both require a normative justification. Moreover, normative argument can help us structure equity analysis, just as it can cost-benefit analysis. This chapter, written for a forthcoming book on natural hazards policy after Katrina, argues that equity is a normative consideration distinct from efficiency or overall well-being. It then argues that equity is individualistic, not group-based; ex post, not ex ...


Trial Distortion And The End Of Innocence In Federal Criminal Justice , Ronald F. Wright Nov 2005

Trial Distortion And The End Of Innocence In Federal Criminal Justice , Ronald F. Wright

University of Pennsylvania Law Review

No abstract provided.


The Underprivileged Profession: The Case For Supreme Court Recognition Of The Journalist's Privilege, Jeffrey S. Nestler Nov 2005

The Underprivileged Profession: The Case For Supreme Court Recognition Of The Journalist's Privilege, Jeffrey S. Nestler

University of Pennsylvania Law Review

No abstract provided.


Remedying A Particularized Form Of Discrimination: Why Disabled Plaintiffs Can And Should Bring Claims For Police Misconduct Under The Americans With Disabilities Act, Rachel E. Brodin Nov 2005

Remedying A Particularized Form Of Discrimination: Why Disabled Plaintiffs Can And Should Bring Claims For Police Misconduct Under The Americans With Disabilities Act, Rachel E. Brodin

University of Pennsylvania Law Review

No abstract provided.


Patent Portfolios, Gideon Parchomovsky, R. Polk Wagner Nov 2005

Patent Portfolios, Gideon Parchomovsky, R. Polk Wagner

Faculty Scholarship at Penn Law

This article presents a new theory of patent value, responding to growing empirical evidence that the traditional appropriability premise of patents is fundamentally incomplete in the modern innovation environment. We find that for patents, the whole is greater than the sum of its parts: the true value of patents lies not in their individual worth, but in their aggregation into a collection of related patents, a patent portfolio. The patent portfolio theory thus explains what is known as “the patent paradox”: in recent years patent intensity—patents obtained per research and development dollar—has risen dramatically even as the expected ...


Tradable Pollution Permits And The Regulatory Game, Jason S. Johnston Nov 2005

Tradable Pollution Permits And The Regulatory Game, Jason S. Johnston

Faculty Scholarship at Penn Law

This paper analyzes polluters' incentives to move from a traditional command and control (CAC) environmental regulatory regime to a tradable permits (TPP) regime. Existing work in environmental economics does not model how firms contest and bargain over actual regulatory implementation in CAC regimes, and therefore fail to compare TPP regimes with any CAC regime that is actually observed. This paper models CAC environmental regulation as a bargaining game over pollution entitlements. Using a reduced form model of the regulatory contest, it shows that CAC regulatory bargaining likely generates a regulatory status quo under which firms with the highest compliance costs ...


The Corporate Form As A Solution To A Discursive Dilemma, Edward B. Rock Oct 2005

The Corporate Form As A Solution To A Discursive Dilemma, Edward B. Rock

Faculty Scholarship at Penn Law

I examine the connection between the discursive dilemma and corporate law. The discursive dilemma (or doctrinal paradox) is a distinctive social choice problem that was first identified by Kornhauser and Sager and later used as the basis for a theory of organizational personality by Pettit. I examine the ways in which the corporate form prevents the emergence of the discursive dilemma in the firm context and the extent to which the presence of the discursive dilemma can provide the foundation for a theory of corporate personality.


The Residency Match: Competitive Restraints In An Imperfect World, Kristin Madison Oct 2005

The Residency Match: Competitive Restraints In An Imperfect World, Kristin Madison

Faculty Scholarship at Penn Law

Several years ago physicians filed a lawsuit alleging that “the match,” the more than fifty-year-old system by which medical students and other applicants are assigned to medical residency programs, violates Section 1 of the Sherman Act. Last year, without hearings or substantive debate on the issue, Congress found that the match was “highly efficient” and “pro-competitive” and granted a retroactive antitrust exemption for its operation. These seemingly incompatible views invite further analysis of the merits of the residency match from the perspective of public policy. This article considers the arguments of match advocates and critics, evaluating both theoretical models and ...


Federalism And Antitrust Reform, Herbert J. Hovenkamp Oct 2005

Federalism And Antitrust Reform, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action ...


Regulating Local Variations In Federal Sentencing, Stephanos Bibas Oct 2005

Regulating Local Variations In Federal Sentencing, Stephanos Bibas

Faculty Scholarship at Penn Law

Though in theory federal criminal law applies uniformly in all places, in practice federal charging, plea bargaining, and sentencing practices vary widely from place to place. Sentencing disparities are good when they reflect local knowledge about local crime problems and concerns. They are bad when they spring from bias, local lawyers' and judges' hostility to national policy choices or perhaps when they reflect disagreement with federal strategies. This Article critiques fast-track programs, which award huge discounts in immigration and drug cases along the southwest border, as bad variation that undermines the ideal of national uniformity. It then considers the wide ...


Selected Current Bibliography, Book Review/Casenote Editor Oct 2005

Selected Current Bibliography, Book Review/Casenote Editor

University of Pennsylvania Journal of Business Law

No abstract provided.


The Fair Value Of Cornfields In Delaware Appraisal Law, Lawrence Hamermesh, Michael L. Wachter Oct 2005

The Fair Value Of Cornfields In Delaware Appraisal Law, Lawrence Hamermesh, Michael L. Wachter

Faculty Scholarship at Penn Law

The Delaware Supreme Court’s opinions in Weinberger and Technicolor have left a troublesome uncertainty in defining the proper approach to the valuation of corporate shares. That uncertainty – increasingly important as going private mergers become more frequent – can be resolved by a blend of financial and doctrinal analysis. The primary problem—the potential opportunism by controlling shareholders in timing going private mergers—can be addressed by a more complete understanding of corporate finance. The definition of fair value must include not only the present value of the firm’s existing assets, but also the future opportunities to reinvest free cash ...


Reform Of Public Company Disclosure In Europe, Roberta S. Karmel Oct 2005

Reform Of Public Company Disclosure In Europe, Roberta S. Karmel

University of Pennsylvania Journal of International Law

No abstract provided.


Regulation Of Corporate Bond Offerings: A Comparative Analysis, Felicia H. Kung Oct 2005

Regulation Of Corporate Bond Offerings: A Comparative Analysis, Felicia H. Kung

University of Pennsylvania Journal of International Law

No abstract provided.


Achieving A Uniform Law Governing International Sales: Conforming The Damage Provisions Of The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, Kathryn S. Cohen Oct 2005

Achieving A Uniform Law Governing International Sales: Conforming The Damage Provisions Of The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, Kathryn S. Cohen

University of Pennsylvania Journal of International Law

No abstract provided.


Getting U.S. Security Holders To The Party: The Sec's Cross-Border Release Five Years On , Brett A. Carron, Steven M. Davidoff Oct 2005

Getting U.S. Security Holders To The Party: The Sec's Cross-Border Release Five Years On , Brett A. Carron, Steven M. Davidoff

University of Pennsylvania Journal of International Law

No abstract provided.


Policing Neo-Liberal Reforms: The Rule Of Law As An Enabling And Restrictive Discourse, Joel M. Ngugi Oct 2005

Policing Neo-Liberal Reforms: The Rule Of Law As An Enabling And Restrictive Discourse, Joel M. Ngugi

University of Pennsylvania Journal of International Law

No abstract provided.


Law, Lawyers, And Labor: The United Farm Workers' Legal Strategy In The 1960s And 1970s And The Role Of Law In Union Organizing Today, Jennifer Gordon Oct 2005

Law, Lawyers, And Labor: The United Farm Workers' Legal Strategy In The 1960s And 1970s And The Role Of Law In Union Organizing Today, Jennifer Gordon

University of Pennsylvania Journal of Business Law

No abstract provided.


Employment As A Relational Contract, Robert C. Bird Oct 2005

Employment As A Relational Contract, Robert C. Bird

University of Pennsylvania Journal of Business Law

No abstract provided.


A State Of Disarray: The "Knowing And Voluntary" Standard For Releasing Claims Under Title Vii Of The Civil Rights Act Of 1964, Daniel P. O'Gorman Oct 2005

A State Of Disarray: The "Knowing And Voluntary" Standard For Releasing Claims Under Title Vii Of The Civil Rights Act Of 1964, Daniel P. O'Gorman

University of Pennsylvania Journal of Business Law

No abstract provided.


Employee Driven Health Care: Health Savings Accounts, More Harm Than Good, Jennifer L. Spiegel Oct 2005

Employee Driven Health Care: Health Savings Accounts, More Harm Than Good, Jennifer L. Spiegel

University of Pennsylvania Journal of Business Law

No abstract provided.


Uniformed Services Employment And Reemployment Rights Act (Userra) - Broad In Protections, Inadequate In Scope, Marcel Quinn Oct 2005

Uniformed Services Employment And Reemployment Rights Act (Userra) - Broad In Protections, Inadequate In Scope, Marcel Quinn

University of Pennsylvania Journal of Business Law

No abstract provided.


Seniority Systems As A Potential Threat To Equal Employment Opportunity - Harris V. Bekins Van Lines, Jason Rubenstein Oct 2005

Seniority Systems As A Potential Threat To Equal Employment Opportunity - Harris V. Bekins Van Lines, Jason Rubenstein

University of Pennsylvania Journal of Business Law

No abstract provided.


Capsule Reviews, Book Review/Casenote Editor Oct 2005

Capsule Reviews, Book Review/Casenote Editor

University of Pennsylvania Journal of Business Law

No abstract provided.


Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.