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Articles 1 - 30 of 261
Full-Text Articles in Law
Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School
Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School
All Faculty Scholarship
The Pennsylvania Legislature's Senate Judiciary Committee and House Judiciary Committee jointly commissioned this study of the criminal offense grading scheme contained in Pennsylvania criminal statutes. This Final Report, which was presented to a joint session of the two Committees on December 15, 2009, examines the extent to which current Pennsylvania law defines offenses with offense grades that are inconsistent with the relative seriousness of the offense as compared to other offenses, based upon an empirical survey of Pennsylvania residents. It also examines whether some offenses include within a single grade forms of conduct of very different degrees of seriousness, for …
Regulatory Theory, Matthew D. Adler
Regulatory Theory, Matthew D. Adler
All Faculty Scholarship
This chapter reviews a range of topics connected to the justification of government regulation, including: the definition of “regulation”; welfarism, Kaldor-Hicks efficiency, and the Pareto principles; the fundamental theorems of welfare economics and the “market failure” framework for justifying regulation, which identifies different ways in which the conditions for those theorems may fail to hold true (such as externalities, public goods, monopoly power, and imperfect information); the Coase theorem; and the different forms of regulation.
Now More Than Ever: Expanding Access To Justice In Times Of Crisis, Editors
Now More Than Ever: Expanding Access To Justice In Times Of Crisis, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Future Of Civil Legal Aid: Initial Thoughts, Alan W. Houseman
The Future Of Civil Legal Aid: Initial Thoughts, Alan W. Houseman
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Looking Behind The “Protection Gap”: The Moral Obligation Of The State To Necessitous Immigrants, Tally Kritzman-Amir
Looking Behind The “Protection Gap”: The Moral Obligation Of The State To Necessitous Immigrants, Tally Kritzman-Amir
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Anatomy Of A Wrongful Conviction: State V. Dedge And What It Tells Us About Our Flawed Criminal Justice System, Armen H. Merjian
Anatomy Of A Wrongful Conviction: State V. Dedge And What It Tells Us About Our Flawed Criminal Justice System, Armen H. Merjian
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Unintended Consequences: The Supreme Court’S Interpretation Of The Second Amendment In District Of Columbia V. Heller Could Water-Down Fourth Amendment Rights, George M. Dery Iii
Unintended Consequences: The Supreme Court’S Interpretation Of The Second Amendment In District Of Columbia V. Heller Could Water-Down Fourth Amendment Rights, George M. Dery Iii
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Ethical Costs Of Commercializing The Professions: First-Person Narratives From The Legal And Medical Trenches, Joshua E. Perry
The Ethical Costs Of Commercializing The Professions: First-Person Narratives From The Legal And Medical Trenches, Joshua E. Perry
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Evidence-Based Access To Justice, Laura K. Abel
Evidence-Based Access To Justice, Laura K. Abel
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Masthead, Editors
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Politics, Psychology, And The Law: Why Modern Psychology Dictates An Overhaul Of Federal Rule Of Evidence 609, Todd A. Berger
Politics, Psychology, And The Law: Why Modern Psychology Dictates An Overhaul Of Federal Rule Of Evidence 609, Todd A. Berger
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Extreme Value Or Trolls On Top - The Characteristics Of The Most-Litigated Patents, John R. Allison, Mark A. Lemley, Joshua Walker
Extreme Value Or Trolls On Top - The Characteristics Of The Most-Litigated Patents, John R. Allison, Mark A. Lemley, Joshua Walker
University of Pennsylvania Law Review
No abstract provided.
The Constitutionality Of International Courts: The Forgotten Precedent Of Slave-Trade Tribunals, Eugene Kontorovich
The Constitutionality Of International Courts: The Forgotten Precedent Of Slave-Trade Tribunals, Eugene Kontorovich
University of Pennsylvania Law Review
No abstract provided.
Vows To Collide: The Burgeoning Conflict Between Religious Institutions And Same-Sex Marriage Antidiscrimination Laws, Fredric J. Bold Jr.
Vows To Collide: The Burgeoning Conflict Between Religious Institutions And Same-Sex Marriage Antidiscrimination Laws, Fredric J. Bold Jr.
University of Pennsylvania Law Review
No abstract provided.
Six Unconstitutional Homicide Statutes: Rational Basis Review And The Problem Of Harsher Punishment For Less Culpable Offenders, Justin V. Rodriguez
Six Unconstitutional Homicide Statutes: Rational Basis Review And The Problem Of Harsher Punishment For Less Culpable Offenders, Justin V. Rodriguez
University of Pennsylvania Law Review
No abstract provided.
The Inexorable Radicalization Of Textualism, Jonathan R. Siegel
The Inexorable Radicalization Of Textualism, Jonathan R. Siegel
University of Pennsylvania Law Review
No abstract provided.
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
All Faculty Scholarship
This article, written for the inaugural issue of a new journal, analyzes the extent to which the convergence of broadcasting and telephony induced by the digitization of communications technologies is forcing policymakers to rethink their basic approach to regulating these industries. Now that voice and video are becoming available through every transmission technology, policymakers can no longer define the scope of regulatory obligations in terms of the mode of transmission. In addition, jurisdictions that employ separate agencies to regulate broadcasting and telephony must reform their institutional structures to bring both within the ambit of a single regulatory agency. The emergence …
Tiered Originality And The Dualism Of Copyright Incentives, Shyamkrishna Balganesh
Tiered Originality And The Dualism Of Copyright Incentives, Shyamkrishna Balganesh
All Faculty Scholarship
Professor Balganesh responds to Gideon Parchomovsky & Alex Stein, Originality, 95 Va. L. Rev. 1505 (2009), arguing that their proposal can perhaps be accommodated under current copyright doctrine.
Family Business Governance And Independent Directors: The Challenges Facing And Independent Family Business Board, Carlo Osi
University of Pennsylvania Journal of Business Law
No abstract provided.
Necessity As A Check On State Eminent Domain Power, Robert C. Bird, Lynda J. Oswald
Necessity As A Check On State Eminent Domain Power, Robert C. Bird, Lynda J. Oswald
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Under Stress: The Constitution In Times Of National Ordeal, Albert M. Rosenblatt
Under Stress: The Constitution In Times Of National Ordeal, Albert M. Rosenblatt
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Open Your Mouth And Say 'Ideology': Physicians And The First Amendment, Lauren R. Robbins
Open Your Mouth And Say 'Ideology': Physicians And The First Amendment, Lauren R. Robbins
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Usual Suspect Classifications: Criminals, Aliens And The Future Of Same-Sex Marriage, Michael A. Helfand
The Usual Suspect Classifications: Criminals, Aliens And The Future Of Same-Sex Marriage, Michael A. Helfand
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Unconstitutional Application Of Summary Judgment In Factually Intensive Inquiries, Craig M. Reiser
The Unconstitutional Application Of Summary Judgment In Factually Intensive Inquiries, Craig M. Reiser
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Editorial Board, Editorial Board
Reparations To Victims Of Gross Human Rights Violations: The Case Of Cambodia, Hao Duy Phan
Reparations To Victims Of Gross Human Rights Violations: The Case Of Cambodia, Hao Duy Phan
East Asia Law Review
The world community has introduced various legal instruments regarding reparations for gross violations of human rights. In Cambodia, however, reparations for those seriously and systematically deprived of their rights by the Khmer Rouge regime remain an unresolved issue, even after the establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea. In so complicated a case as Cambodia's, there are many questions regarding the reparations issue that are left unanswered. This Article examines the issue and offers some recommendations for a feasible and effective reparation program for the …
Getting Citizens Involved: Civil Participation In Judicial Decision-Making In Korea, Jae-Hyup Lee
Getting Citizens Involved: Civil Participation In Judicial Decision-Making In Korea, Jae-Hyup Lee
East Asia Law Review
Korea introduced civil participation in criminal trials (jury trials) for the first time in the nation's history on January 1, 2008. The Korean jury system incorporates both the U.S.-style jury system and the German lay assessor system to assess the actual experience of citizen participation in trials during the initial five year experimental phase. This Article first delineates the background history of the introduction of the jury system in Korea and explains the relevant legal provisions. Then the Article discusses problems that have arisen, implications for the future, and important remaining research questions based on the experience of the first …
The Fog Of Cloud Computing: Fourth Amendment Issues Raised By The Blurring Of Online And Offline Content, R. Bruce Wells
The Fog Of Cloud Computing: Fourth Amendment Issues Raised By The Blurring Of Online And Offline Content, R. Bruce Wells
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Politics And Prosecution: A Historical Perspective On Shifting Federal Standards For Pursuing The Death Penalty In Non-Death Penalty States, Eric A. Tirschwell, Theodore Hertzberg
Politics And Prosecution: A Historical Perspective On Shifting Federal Standards For Pursuing The Death Penalty In Non-Death Penalty States, Eric A. Tirschwell, Theodore Hertzberg
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Rotten To The Core: Project Capture And The Failure Of Judicial Reform In Mongolia, Brent T. White
Rotten To The Core: Project Capture And The Failure Of Judicial Reform In Mongolia, Brent T. White
East Asia Law Review
Despite claims by international donor agencies that judicial reform efforts in Mongolia have been a great success, this Article argues that Mongolian courts continue to grossly lack integrity, transparency, and accountability-and are perceived by the Mongolian public as more corrupt today than when donor-funded judicial reform efforts began almost a decade ago. This Article further argues that the failure of judicial reform in Mongolia stems in significant part from the "capture" of donor-funded judicial reform efforts by elites within the Mongolian judicial sector. It concludes that the inherent tendency for project capture in the "institution-building" approach to judicial reform that …