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Articles 61 - 90 of 252
Full-Text Articles in Law
Federalism And Private International Law: Implementing The Hague Choice Of Court Convention In The United States, Stephen B. Burbank
Federalism And Private International Law: Implementing The Hague Choice Of Court Convention In The United States, Stephen B. Burbank
All Faculty Scholarship
Federalism is important in the United States. It is also important that the United States be able to participate effectively in a global economy and that those charged with the conduct of the country's foreign affairs be able to make, and that the country abide by, international agreements that are designed to facilitate transnational commercial activity. The Hague Choice of Court Convention is one such agreement, the modest fruits of more than a decade of work in an international lawmaking effort that was initiated by the United States. However modest the fruits of the enterprise, the rest of the world …
The Next "New Wave": Law Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin
The Next "New Wave": Law Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin
All Faculty Scholarship
Unlike law-related feature films, law-related documentary or nonfiction films have rarely been the subject of legal scholarship, nor have they been extensively used as teaching tools throughout the law school curriculum. The lack of interest in such films is explained by a number of popular misconceptions about documentaries, such as their “genre-lessness” or the lack of common threads running through the films that facilitate critical reception; the elusive nature of documentary truth; the films’ fixation on victimization and by necessity the exploitation of the films’ subjects; and the lack of practical payoff for law students and lawyers from critically studying …
The Bankruptcy Of The Zhu Kuan Group: A Case Study Of Cross-Border Insolvency Litigation Against A Chinese State-Owned Enterprise, Vincent A. Pace
The Bankruptcy Of The Zhu Kuan Group: A Case Study Of Cross-Border Insolvency Litigation Against A Chinese State-Owned Enterprise, Vincent A. Pace
University of Pennsylvania Journal of International Law
No abstract provided.
The Reckless Pursuit Of Dominion: A Situational Analysis Of The Nba And Diminishing Player Autonomy, Michael A. Mccann
The Reckless Pursuit Of Dominion: A Situational Analysis Of The Nba And Diminishing Player Autonomy, Michael A. Mccann
University of Pennsylvania Journal of Business Law
No abstract provided.
Alcohol, Drugs And The National Pastime, Roger L. Abrams
Alcohol, Drugs And The National Pastime, Roger L. Abrams
University of Pennsylvania Journal of Business Law
No abstract provided.
The Background Check Balancing Act: Protecting Applicants With Criminal Convictions While Encouraging Criminal Background Checks In Hiring, Elizabeth A. Gerlach
The Background Check Balancing Act: Protecting Applicants With Criminal Convictions While Encouraging Criminal Background Checks In Hiring, Elizabeth A. Gerlach
University of Pennsylvania Journal of Business Law
No abstract provided.
Good Faith Performance In Employment Contacts: A "Comparative Conversation" Between The U.S. And England, Katherine M. Apps
Good Faith Performance In Employment Contacts: A "Comparative Conversation" Between The U.S. And England, Katherine M. Apps
University of Pennsylvania Journal of Business Law
No abstract provided.
Not All Illnesses Are Treated Equally - Does A Disability Benefits Plan Violate The Ada By Providing Less Generous Long-Term Benefits For Mentally Disabled Employees Than For Physically Disabled Employees?, Mathew G. Simon
University of Pennsylvania Journal of Business Law
No abstract provided.
Delaware Corporate Fiduciary Duties, Erisa Fiduciary Duties, And Irs Transfer Pricing Rules: A Cooperative Approach To Self-Dealing, Benjamin M. Hussa
Delaware Corporate Fiduciary Duties, Erisa Fiduciary Duties, And Irs Transfer Pricing Rules: A Cooperative Approach To Self-Dealing, Benjamin M. Hussa
University of Pennsylvania Journal of Business Law
No abstract provided.
Marfinalizing Organized Educators: The Effect Of School Choice And 'No Child Left Behind' On Teacher Unions, Jonathan P. Krisbergh
Marfinalizing Organized Educators: The Effect Of School Choice And 'No Child Left Behind' On Teacher Unions, Jonathan P. Krisbergh
University of Pennsylvania Journal of Business Law
No abstract provided.
Institutionalized Fact-Finding At The Wto, David Collins
Institutionalized Fact-Finding At The Wto, David Collins
University of Pennsylvania Journal of International Law
No abstract provided.
Underwriters' Civil Liability For Ipos: An Economic Analysis, Noam Sher
Underwriters' Civil Liability For Ipos: An Economic Analysis, Noam Sher
University of Pennsylvania Journal of International Law
No abstract provided.
Jurisdictional Competition In The European Community , Seth Chertok
Jurisdictional Competition In The European Community , Seth Chertok
University of Pennsylvania Journal of International Law
No abstract provided.
Justice As Conflict Resolution: Proliferation, Fragmentation, And Decentralization Of Dispute Settlement In International Trade , Prof. Dr. Ernst-Ulrich Petersmann
Justice As Conflict Resolution: Proliferation, Fragmentation, And Decentralization Of Dispute Settlement In International Trade , Prof. Dr. Ernst-Ulrich Petersmann
University of Pennsylvania Journal of International Law
No abstract provided.
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
All Faculty Scholarship
No abstract provided.
The Place Of Competition In American Election Law, In The Marketplace Of Democracy, Nathaniel Persily
The Place Of Competition In American Election Law, In The Marketplace Of Democracy, Nathaniel Persily
All Faculty Scholarship
This forthcoming book chapter defines the problem of diminished political competition, describes the relevant legal analogies concerning regulation of economic competition, and explains how the law shapes the competitive environment for elections. It also details how Supreme Court justices have sometimes tried to incorporate competitiveness concerns into their election law decisions in cases concerning ballot access, redistricting, campaign finance, party reform, and term limits. For the most part, constitutional law proves to be both a blunt and a coarse instrument for addressing excesses of partisan greed or self-interest, but justices of varying ideological leanings have invoked such concerns (usually in …
Insurance Against Misinformation In The Securities Market, Tom Baker
Insurance Against Misinformation In The Securities Market, Tom Baker
All Faculty Scholarship
Prepared at the request of the Task Force to Modernize Securities Legislation in Canada, this study describes and evaluates evaluate a new capital markets insurance concept: securities misinformation insurance. This new insurance would compensate investors for losses caused by securities law violations. The most powerful objection to this new concept is that investors do not need a new insurance program for securities misinformation losses. Individual and institutional investors already can spread securities misinformation losses by holding a diversified portfolio. Nevertheless, a securities misinformation insurance program has the potential to provide systemic benefits: improved compliance with securities laws (resulting from cost …
Transparency And Participation In Criminal Procedure, Stephanos Bibas
Transparency And Participation In Criminal Procedure, Stephanos Bibas
All Faculty Scholarship
The insiders who run the criminal justice system–judges, police, and especially prosecutors–have information, power, and self-interests that greatly influence the criminal justice process and outcomes. Outsiders–crime victims, bystanders, and most of the general public–find the system frustratingly opaque, insular, and unconcerned with proper retribution. As a result, a spiral ensues: insiders twist rules as they see fit, outsiders try to constrain them, and insiders find new ways to evade or manipulate the new rules. The gulf between insiders and outsiders undercuts the instrumental, moral, and expressive efficacy of criminal procedure in serving the criminal law’s substantive goals. The gulf clouds …
The Internal Powers Of The Chief Justice: The Nineteenth-Century Legacy, G. Edward White
The Internal Powers Of The Chief Justice: The Nineteenth-Century Legacy, G. Edward White
University of Pennsylvania Law Review
No abstract provided.
Responding To A Democratic Deficit: Limiting The Powers And The Term Of The Chief Justice Of The United States, Judith Resnik, Lane Dilg
Responding To A Democratic Deficit: Limiting The Powers And The Term Of The Chief Justice Of The United States, Judith Resnik, Lane Dilg
University of Pennsylvania Law Review
No abstract provided.
Hail, No: Changing The Chief Justice, Edward T. Swaine
Hail, No: Changing The Chief Justice, Edward T. Swaine
University of Pennsylvania Law Review
No abstract provided.
How Not To Be Chief Justice: The Apprenticeship Of William H. Rehnquist, Linda Greenhouse
How Not To Be Chief Justice: The Apprenticeship Of William H. Rehnquist, Linda Greenhouse
University of Pennsylvania Law Review
No abstract provided.
Assessing Chief Justice William Rehnquist, Erwin Chemerinsky
Assessing Chief Justice William Rehnquist, Erwin Chemerinsky
University of Pennsylvania Law Review
No abstract provided.
In The Beginning: The First Three Chief Justices, Natalie Wexler
In The Beginning: The First Three Chief Justices, Natalie Wexler
University of Pennsylvania Law Review
No abstract provided.
Defining The Office: John Marshall As Chief Justice, Charles F. Hobson
Defining The Office: John Marshall As Chief Justice, Charles F. Hobson
University of Pennsylvania Law Review
No abstract provided.
The Decisional Significance Of The Chief Justice, Frank B. Cross, Stefanie Lindquist
The Decisional Significance Of The Chief Justice, Frank B. Cross, Stefanie Lindquist
University of Pennsylvania Law Review
No abstract provided.
Strategy And Constraints On Supreme Court Opinion Assignment, Paul J. Wahlbeck
Strategy And Constraints On Supreme Court Opinion Assignment, Paul J. Wahlbeck
University of Pennsylvania Law Review
No abstract provided.
Leading A Constitutional Court: Perspectives From The Federal Republic Of Germany, Peter E. Quint
Leading A Constitutional Court: Perspectives From The Federal Republic Of Germany, Peter E. Quint
University of Pennsylvania Law Review
No abstract provided.
Guardians Of The Constitution: Constitutional Court Presidents And The Struggle For The Rule Of Law In Post-Soviet Europe , Kim Lane Scheppele
Guardians Of The Constitution: Constitutional Court Presidents And The Struggle For The Rule Of Law In Post-Soviet Europe , Kim Lane Scheppele
University of Pennsylvania Law Review
No abstract provided.
The Case For Managed Judges: Learning From Japan After The Political Upheaval Of 1993, J. Mark Ramseyer, Eric B. Rasmusen
The Case For Managed Judges: Learning From Japan After The Political Upheaval Of 1993, J. Mark Ramseyer, Eric B. Rasmusen
University of Pennsylvania Law Review
No abstract provided.