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University of Pennsylvania Carey Law School

2008

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Articles 1 - 30 of 259

Full-Text Articles in Law

The Coase Theorem And Arthur Cecil Pigou, Herbert J. Hovenkamp Dec 2008

The Coase Theorem And Arthur Cecil Pigou, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

In "The Problem of Social Cost" Ronald Coase was highly critical of the work of Cambridge University Economics Professor Arthur Cecil Pigou, presenting him as a radical government interventionist. In later work Coase's critique of Pigou became even more strident. In fact, however, Pigou's Economics of Welfare created the basic model and many of the tools that Coase's later work employed. Much of what we today characterize as the "Coase Theorem," including the relevance of transaction costs, externalities, and bilateral monopoly, was either stated or anticipated in Pigou's work. Further, Coase's extreme faith in private ...


Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash Dec 2008

Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash

Faculty Scholarship at Penn Law

The U.S. Environmental Protection Agency (EPA) has established numerous voluntary environmental programs over the last fifteen years, seeking to encourage businesses to make environmental progress beyond what current law requires them to achieve. EPA aims to induce beyond-compliance behavior by offering various forms of recognition and rewards, including relief from otherwise applicable environmental regulations. Despite EPA's emphasis on voluntary programs,relatively few businesses have availed themselves of these programs -- and paradoxically, the programs that offer the most significant regulatory benefits tend to have the fewest members. We explain this paradox by focusing on (a) how programs'membership screening ...


The Failure To Achieve Fairness: Race And Poverty Continue To Influence Who Dies, Stephen B. Bright Dec 2008

The Failure To Achieve Fairness: Race And Poverty Continue To Influence Who Dies, Stephen B. Bright

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Masthead, Editors Dec 2008

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Evaluating Institutional Prisoners' Rights Litigation: Costs And Benefits And Federalism Considerations, Sarah Vandenbraak Hart Dec 2008

Evaluating Institutional Prisoners' Rights Litigation: Costs And Benefits And Federalism Considerations, Sarah Vandenbraak Hart

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Prolonged Solitary Confinement And The Constitution, Jules Lobel Dec 2008

Prolonged Solitary Confinement And The Constitution, Jules Lobel

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Saving Lives Through Administrative Law And Economics , John D. Graham Dec 2008

Saving Lives Through Administrative Law And Economics , John D. Graham

University of Pennsylvania Law Review

No abstract provided.


Federal Hate Crime Laws And United States V. Lopez: On A Collission Course To Clarify Jurisdictional-Element Analysis, Christopher Dipompeo Dec 2008

Federal Hate Crime Laws And United States V. Lopez: On A Collission Course To Clarify Jurisdictional-Element Analysis, Christopher Dipompeo

University of Pennsylvania Law Review

No abstract provided.


Civil Rights For Victims Of Human Trafficking , Henry Andres Yoder Dec 2008

Civil Rights For Victims Of Human Trafficking , Henry Andres Yoder

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Our “Rights Are Not Cast Un Stone”: Post-Katrina Environmental “Red-Lining” And The Need For A Board-Based Human Right Lawyering Movement, Amy Laura Cahn Dec 2008

Our “Rights Are Not Cast Un Stone”: Post-Katrina Environmental “Red-Lining” And The Need For A Board-Based Human Right Lawyering Movement, Amy Laura Cahn

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Idealized Into Powerlessness: How A Judicial Order In Nebraska V. Safi Could Send Women’S Rights Back To Colonial America, Erin P. Davenport Dec 2008

Idealized Into Powerlessness: How A Judicial Order In Nebraska V. Safi Could Send Women’S Rights Back To Colonial America, Erin P. Davenport

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin Dec 2008

The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Prison Health Care, Political Choice, And The Accidental Death Penalty, Elizabeth Alexander Dec 2008

Prison Health Care, Political Choice, And The Accidental Death Penalty, Elizabeth Alexander

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay Dec 2008

Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Opening A Window Or Building A Wall? The Effect Of Eighth Amendment Death Penalty Law And Advocacy On Criminal Justice More Broadly, Carol S. Steiker, Jordan M. Steiker Dec 2008

Opening A Window Or Building A Wall? The Effect Of Eighth Amendment Death Penalty Law And Advocacy On Criminal Justice More Broadly, Carol S. Steiker, Jordan M. Steiker

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Laboratories Of Destitution: Democratic Experimentalism And The Failure Of Antipoverty Law , David A. Super Dec 2008

Laboratories Of Destitution: Democratic Experimentalism And The Failure Of Antipoverty Law , David A. Super

University of Pennsylvania Law Review

No abstract provided.


A Shield For The Knights Of Humanity: The Icc Should Adopt A Humanitarian Necessity Defense To The Crime Of Aggression, Christopher P. Denicola Dec 2008

A Shield For The Knights Of Humanity: The Icc Should Adopt A Humanitarian Necessity Defense To The Crime Of Aggression, Christopher P. Denicola

University of Pennsylvania Journal of International Law

No abstract provided.


Property Rights And Development: The Contingent Case For Formalization , Michael Trebilcock, Paul-Erik Veel Dec 2008

Property Rights And Development: The Contingent Case For Formalization , Michael Trebilcock, Paul-Erik Veel

University of Pennsylvania Journal of International Law

No abstract provided.


World Bank Grants In A Changed World Order: How Do We Referee This New Paradigm, Sophie Smyth Dec 2008

World Bank Grants In A Changed World Order: How Do We Referee This New Paradigm, Sophie Smyth

University of Pennsylvania Journal of International Law

No abstract provided.


Incurable Or Remediable - Clues To Undoing The Gordian Knot Tied By Intellectual Property Rights Enforcement In China , Wei Shi Dec 2008

Incurable Or Remediable - Clues To Undoing The Gordian Knot Tied By Intellectual Property Rights Enforcement In China , Wei Shi

University of Pennsylvania Journal of International Law

No abstract provided.


Confronting The Sacred And Unchangeable: The Obligation To Modify Cultural Patterns Under The Women's Discrimination, Elizabeth Sepper Dec 2008

Confronting The Sacred And Unchangeable: The Obligation To Modify Cultural Patterns Under The Women's Discrimination, Elizabeth Sepper

University of Pennsylvania Journal of International Law

No abstract provided.


Caging Careless Birds: Examining Dangers Posed By The Willful Blindness Doctrine In The War On Terror, Shawn D. Rodriguez Dec 2008

Caging Careless Birds: Examining Dangers Posed By The Willful Blindness Doctrine In The War On Terror, Shawn D. Rodriguez

University of Pennsylvania Journal of International Law

No abstract provided.


Immigration Law's Organizing Principles , Adam B. Cox Dec 2008

Immigration Law's Organizing Principles , Adam B. Cox

University of Pennsylvania Law Review

No abstract provided.


Mapping The Limits Of Repatriable Cultural Heritage: A Case Study Of Stolen Flemish Art In French Museums, Paige S. Goodwin Dec 2008

Mapping The Limits Of Repatriable Cultural Heritage: A Case Study Of Stolen Flemish Art In French Museums, Paige S. Goodwin

University of Pennsylvania Law Review

No abstract provided.


Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard S. Frase Dec 2008

Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard S. Frase

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Desert And The Eighth Amendment, Youngjae Lee Dec 2008

Desert And The Eighth Amendment, Youngjae Lee

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo Dec 2008

The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo

Faculty Scholarship at Penn Law

On April 18-19, 2008, the University of Pennsylvania Law School hosted a landmark conference on “The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective.” This conference was the first major event for Penn’s newly established Center for Technology, Innovation, and Competition, a research institute committed to promoting basic research into foundational frameworks that will shape the way policymakers think about technology-related issues in the future. The breakup of AT&T represents an ideal starting point for reexamining the major themes of telecommunications policy that have emerged over the past quarter century. The conference featured a ...


Judicial Fact-Finding At Sentencing, Stephanos Bibas Dec 2008

Judicial Fact-Finding At Sentencing, Stephanos Bibas

Faculty Scholarship at Penn Law

This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New Jersey, Blakely v. Washington, and United States v. Booker to limit judges' ability to find facts at sentencing. Paradoxically, the much-criticized Federal Sentencing Guidelines have survived; a line of cases that began as an effort to restore juries' role has turned into a guarantor of judicial discretion; and the doctrine has quickly moved far from its Sixth Amendment roots to a policy balancing test. The Court could instead have pursued a different, more fruitful path. The Court did not have to force sentencing factors into ...


Toward A Unified Theory Of Access To Local Telephone Systems, Daniel F. Spulber, Christopher S. Yoo Dec 2008

Toward A Unified Theory Of Access To Local Telephone Systems, Daniel F. Spulber, Christopher S. Yoo

Faculty Scholarship at Penn Law

One of the most distinctive developments in telecommunications policy over the past few decades has been the increasingly broad array of access requirements regulatory authorities have imposed on local telephone providers. In so doing, policymakers did not fully consider whether the justifications for regulating telecommunications remained valid. They also allowed each access regime to be governed by its own pricing methodology and set access prices in a way that treated each network component as if it existed in isolation. The result was a regulatory regime that was internally inconsistent, vulnerable to regulatory arbitrage, and unable to capture the interactions among ...


The Taxation Of Private Equity Carried Interests: Estimating The Revenue Effects Of Taxing Profit Interests As Ordinary Income, Michael S. Knoll Nov 2008

The Taxation Of Private Equity Carried Interests: Estimating The Revenue Effects Of Taxing Profit Interests As Ordinary Income, Michael S. Knoll

Faculty Scholarship at Penn Law

In this Article, I estimate the tax revenue effects of taxing private equity carried interests as ordinary income rather than as long-term capital gain as under current law. Under reasonable assumptions, I conclude that the expected present value of additional tax collections would be between 1 percent and 1.5 percent of capital invested in private equity funds, or between $2 billion and $3 billion a year. That estimate, however, makes no allowance for changes in the structure of such funds or the composition of the partnerships, which might substantially reduce tax revenues below those estimates.