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Articles 31 - 60 of 260
Full-Text Articles in Law
International Tribunals: A Rational Choice Analysis , Andrew T. Guzman
International Tribunals: A Rational Choice Analysis , Andrew T. Guzman
University of Pennsylvania Law Review
No abstract provided.
Making Credit Safer , Oren Bar-Gill, Elizabeth Warren
Making Credit Safer , Oren Bar-Gill, Elizabeth Warren
University of Pennsylvania Law Review
No abstract provided.
Dynamic Incorporation Of Foreign Law , Michael C. Dorf
Dynamic Incorporation Of Foreign Law , Michael C. Dorf
University of Pennsylvania Law Review
No abstract provided.
Jurisdiction And The Federal Rules: Why The Time Has Come To Reform Finality By Inequitable Deadlines, Kelsey Mccowan Heilman
Jurisdiction And The Federal Rules: Why The Time Has Come To Reform Finality By Inequitable Deadlines, Kelsey Mccowan Heilman
University of Pennsylvania Law Review
No abstract provided.
The Rights Of Others: Protection And Advocacy Organizations' Associational Standing To Sue, Christopher W. Robbins
The Rights Of Others: Protection And Advocacy Organizations' Associational Standing To Sue, Christopher W. Robbins
University of Pennsylvania Law Review
No abstract provided.
Exacerbating Injustice, Stephanos Bibas
Exacerbating Injustice, Stephanos Bibas
All Faculty Scholarship
This brief essay responds to Josh Bowers' argument that criminal procedure should openly allow innocent defendants to plead guilty as a legal fiction. Though most scholars emphasize the few but salient serious felony cases, Bowers is right to refocus attention on misdemeanors and violations, which are far more numerous. And though the phrase wrongful convictions conjures up images of punishing upstanding citizens, Bowers is also right to emphasize that recidivists are far more likely to suffer wrongful suspicion and conviction. Bowers' mistake is to treat the criminal justice system as simply a means of satisfying defendants' preferences and choices. This …
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Torts And Innovation, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
This Essay exposes and analyzes a hitherto overlooked cost of the current design of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts’ reliance on custom and conventional technologies as the benchmark of liability chills innovation and distorts its path. Specifically, the recourse to custom taxes innovators and subsidizes replicators of conventional technologies. We explore the causes and consequences of this phenomenon and propose two possible ways to modify tort law in order to make it more welcoming to innovation.
Schumpeterian Competition And Antitrust, Herbert J. Hovenkamp
Schumpeterian Competition And Antitrust, Herbert J. Hovenkamp
All Faculty Scholarship
Joseph Schumpeter's vision of competition saw it as a destructive process in which effort, assets and fortunes were continuously destroyed by innovation. One possible implication is that antitrust's attention on short-run price and output issues is myopic: what seems at first glance to be a monopolistic exclusionary practice might really be an innovative enterprise with enormous payoffs in the long run. While this may be the case, three qualifications are critical. First, one must not confuse the prospect of innovation with the scope of the intellectual property laws; their excesses and special interest capture cast serious doubt on the proposition …
Embattled Ceos, Marcel Kahan, Edward B. Rock
Embattled Ceos, Marcel Kahan, Edward B. Rock
All Faculty Scholarship
In this paper, we argue that chief executive officers of publicly-held corporations in the United States are losing power to their boards of directors and to their shareholders. This loss of power is recent (say, since 2000) and gradual, but nevertheless represents a significant move away from the imperial CEO who was surrounded by a hand-picked board and lethargic shareholders. After discussing the concept of power and its dimensions, we document the causes and symptoms of the decline in CEO power in several areas: share ownership composition and shareholder activism; governance rules and the board response to shareholder activism; regulatory …
Do Cognitive Biases Infect Adjudication? A Study Of Labor Arbitrators, Martin H. Malin, Monica Biernat
Do Cognitive Biases Infect Adjudication? A Study Of Labor Arbitrators, Martin H. Malin, Monica Biernat
University of Pennsylvania Journal of Business Law
No abstract provided.
Enforcing Class Arbitration In The International Sphere: Due Process And Public Policy Concerns, S. I. Strong
Enforcing Class Arbitration In The International Sphere: Due Process And Public Policy Concerns, S. I. Strong
University of Pennsylvania Journal of International Law
No abstract provided.
Toward A Global Shareholder Society , Robert Hockett
Toward A Global Shareholder Society , Robert Hockett
University of Pennsylvania Journal of International Law
No abstract provided.
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations , Benjamin B. Wagner, Leslie Gielow Jacobs
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations , Benjamin B. Wagner, Leslie Gielow Jacobs
University of Pennsylvania Journal of International Law
No abstract provided.
Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin
Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin
University of Pennsylvania Journal of International Law
No abstract provided.
Between A Roc And A Hard Place: The Republic Of Congo's Illicit Trade In Diamonds And Efforts To Break The Cycle Of Corruption, Haley Blaire Goldman
Between A Roc And A Hard Place: The Republic Of Congo's Illicit Trade In Diamonds And Efforts To Break The Cycle Of Corruption, Haley Blaire Goldman
University of Pennsylvania Journal of International Law
No abstract provided.
Evaluating The Social Effects Of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, Jennifer Nash
Evaluating The Social Effects Of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, Jennifer Nash
All Faculty Scholarship
In the past decade, EPA and over 20 states have created voluntary environmental leadership programs designed to recognize and reward businesses that take steps that go beyond compliance with the strictures of environmental law. Environmental leadership programs seek not only to spur direct improvements to environment quality but also to advance broader social goals that may lead indirectly to environmental improvements, such as improving business-government relationships and changing business culture. Measuring progress toward leadership programs’ social goals is a particularly challenging but essential task if researchers and decision makers are to understand the full impacts of these programs. In this …
Reaching Too Far? An Analysis Of The Circuit Split Regarding The Scope Of Arbitration Clauses In Collective Bargaining Agreements, Daniel T. Lloyd
Reaching Too Far? An Analysis Of The Circuit Split Regarding The Scope Of Arbitration Clauses In Collective Bargaining Agreements, Daniel T. Lloyd
University of Pennsylvania Journal of Business Law
No abstract provided.
Takeover Regulation As A Wolf In Sheep's Clothing: Taking U.K. Rules To Continental Europe, Marco Ventoruzzo
Takeover Regulation As A Wolf In Sheep's Clothing: Taking U.K. Rules To Continental Europe, Marco Ventoruzzo
University of Pennsylvania Journal of Business Law
No abstract provided.
Examining The Pipeline: A Contemporary Assessment Of Private Investments In Public Equity ("Pipes"), Marc I. Steinberg, Emmanuel U. Obi
Examining The Pipeline: A Contemporary Assessment Of Private Investments In Public Equity ("Pipes"), Marc I. Steinberg, Emmanuel U. Obi
University of Pennsylvania Journal of Business Law
No abstract provided.
The Unfair Trade Practice Of Hiring Illegal Alien Workers, Kevin S. Marshall
The Unfair Trade Practice Of Hiring Illegal Alien Workers, Kevin S. Marshall
University of Pennsylvania Journal of Business Law
No abstract provided.
A Process Of Natural Correction: Arbitrage And The Regulation Of Exchange-Traded Funds Under The Investment Company Act, Daniel J. Grimm
A Process Of Natural Correction: Arbitrage And The Regulation Of Exchange-Traded Funds Under The Investment Company Act, Daniel J. Grimm
University of Pennsylvania Journal of Business Law
No abstract provided.
Stockholder And Corporate Board Bylaw Battles: Delaware Law And The Ability Of A Corporate Board To Change Or Overrule Stockholder Bylaw Amendments, L. John Bird
University of Pennsylvania Journal of Business Law
No abstract provided.
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust law's Walker Process doctrine permits a patent infringement defendant to show that an improperly maintained infringement action constitutes unlawful monopolization or an unlawful attempt to monopolize. The infringement defendant must show both that the lawsuit is improper, which establishes the conduct portion of the violation and generally satisfies tort law requirements, and also that the structural prerequisites for the monopolization offense are present. The doctrine also applies to non-patent infringement actions and has been applied by the Supreme Court to copyright infringement actions. Walker Process itself somewhat loosely derives from the Supreme Court's Noerr-Pennington line of cases holding that …
Network Neutrality, Consumers, And Innovation, Christopher S. Yoo
Network Neutrality, Consumers, And Innovation, Christopher S. Yoo
All Faculty Scholarship
In this Article, Professor Christopher Yoo directly engages claims that mandating network neutrality is essential to protect consumers and to promote innovation on the Internet. It begins by analyzing the forces that are placing pressure on the basic network architecture to evolve, such as the emergence of Internet video and peer-to-peer architectures and the increasing heterogeneity in business relationships and transmission technologies. It then draws on the insights of demand-side price discrimination (such as Ramsey pricing) and the two-sided markets, as well as the economics of product differentiation and congestion, to show how deviating from network neutrality can benefit consumers, …
International Competitiveness, Tax Incentives, And A New Argument For Tax Sparing: Preventing Double Taxation By Crediting Implicit Taxes, Michael S. Knoll
International Competitiveness, Tax Incentives, And A New Argument For Tax Sparing: Preventing Double Taxation By Crediting Implicit Taxes, Michael S. Knoll
All Faculty Scholarship
Tax sparing occurs when a country with a worldwide tax system grants its citizens foreign tax credits for the taxes that they would have paid on income earned abroad, but that escapes taxation by virtue of foreign tax incentives. The supporters of tax sparing argue that it is a form of foreign aid, an obligation owed to developing countries, and a legitimate means of improving the competitiveness of resident investors. Tax sparing, however, has long been opposed by the United States on the grounds that it is an expensive and problematic concession to developing countries, inconsistent with basic and fundamental …
Doctors, Discipline, And The Death Penalty: Professional Implications Of Safe Harbor Statutes, Nadia N. Sawicki
Doctors, Discipline, And The Death Penalty: Professional Implications Of Safe Harbor Statutes, Nadia N. Sawicki
All Faculty Scholarship
State capital punishment statutes generally contemplate the involvement of medical providers, and courts have acknowledged that the qualifications of lethal injection personnel have a constitutionally relevant dimension. However, the American Medical Association has consistently voiced its opposition to any medical involvement in executions. In recent years, some states have responded to this conflict by adopting statutory mechanisms to encourage medical participation in lethal injections. Foremost among these are safe harbor policies, which prohibit state medical boards from taking disciplinary action against licensed medical personnel who participate in executions. This Article posits that safe harbor policies, as limitations on medical board …
Political Versus Administrative Justice, Stephanos Bibas
Political Versus Administrative Justice, Stephanos Bibas
All Faculty Scholarship
This comment responds to an essay by Rachel Barkow, which insightfully links the decline of mercy in American criminal justice to the rise of a rule-of-law ideal inspired by administrative law. This comment notes the dangers of the administrative, rule-focused, judiciocentric approach to criminal justice. Instead, it suggests a more political approach, with more judicial deference to political actors and less judicial policing of equal treatment. The essay by Rachel Barkow to which this comment responds, as well as other authors' comments on this essay and the author's reply to those comments, can be found at http://www.law.upenn.edu/phr/conversations/status/
The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang
The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang
All Faculty Scholarship
The immigration of relatively unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal ideals. These ideals would treat these workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of relatively unskilled workers …
Unilateral Refusals To Deal, Vertical Integration, And The Essential Facility Doctrine, Herbert J. Hovenkamp
Unilateral Refusals To Deal, Vertical Integration, And The Essential Facility Doctrine, Herbert J. Hovenkamp
All Faculty Scholarship
Where it applies, the essential facility doctrine requires a monopolist to share its "essential facility." Since the only qualifying exclusionary practice is the refusal to share the facility itself, the doctrine comes about as close as antitrust ever does to condemning "no fault" monopolization. There is no independent justification for an essential facility doctrine separate and apart from general Section 2 doctrine governing the vertically integrated monopolist's refusal to deal. In its Trinko decision the Supreme Court placed that doctrine about where it should be. The Court did not categorically reject all unilateral refusal to deal claims, but it placed …
Jackpot Justice And The American Tort System: Thinking Beyond Junk Science, Tom Baker, Herbert M. Kritzer, Neil Vidmar
Jackpot Justice And The American Tort System: Thinking Beyond Junk Science, Tom Baker, Herbert M. Kritzer, Neil Vidmar
All Faculty Scholarship
In 2007 the Pacific Research Institute released a report, Jackpot Justice: The True Cost of America's Tort System, that is widely available on the internet. The conclusion of the report is that America's tort system costs $865.37 billion annually, amounting to an "annual price tag, or 'tort tax' for a family of four in terms of costs and foregone benefits" of $9,827. As our report will demonstrate, the conclusions of Jackpot Justice are without scientific merit and present a very misleading picture of the American tort system and its costs.
Research on the tort system's efficiency, its fairness and …