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University of Pennsylvania Carey Law School

2009

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Articles 1 - 30 of 263

Full-Text Articles in Law

Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School Dec 2009

Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School

Faculty Scholarship at Penn Law

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 ...


Regulatory Theory, Matthew D. Adler Dec 2009

Regulatory Theory, Matthew D. Adler

Faculty Scholarship at Penn Law

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.


The Inexorable Radicalization Of Textualism, Jonathan R. Siegel Dec 2009

The Inexorable Radicalization Of Textualism, Jonathan R. Siegel

University of Pennsylvania Law Review

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 Dec 2009

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 Dec 2009

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.


Anatomy Of A Wrongful Conviction: State V. Dedge And What It Tells Us About Our Flawed Criminal Justice System, Armen H. Merjian Dec 2009

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.


Looking Behind The “Protection Gap”: The Moral Obligation Of The State To Necessitous Immigrants, Tally Kritzman-Amir Dec 2009

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.


Now More Than Ever: Expanding Access To Justice In Times Of Crisis, Editors Dec 2009

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.


Evidence-Based Access To Justice, Laura K. Abel Dec 2009

Evidence-Based Access To Justice, Laura K. Abel

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 Dec 2009

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 Dec 2009

The Constitutionality Of International Courts: The Forgotten Precedent Of Slave-Trade Tribunals, Eugene Kontorovich

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 Dec 2009

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.


Politics, Psychology, And The Law: Why Modern Psychology Dictates An Overhaul Of Federal Rule Of Evidence 609, Todd A. Berger Dec 2009

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.


Vows To Collide: The Burgeoning Conflict Between Religious Institutions And Same-Sex Marriage Antidiscrimination Laws, Fredric J. Bold Jr. Dec 2009

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.


Masthead, Editors Dec 2009

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Future Of Civil Legal Aid: Initial Thoughts, Alan W. Houseman Dec 2009

The Future Of Civil Legal Aid: Initial Thoughts, Alan W. Houseman

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo Dec 2009

The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo

Faculty Scholarship at Penn Law

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 Nov 2009

Tiered Originality And The Dualism Of Copyright Incentives, Shyamkrishna Balganesh

Faculty Scholarship at Penn Law

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.


Treaty Compliance And Violation, Beth A. Simmons Nov 2009

Treaty Compliance And Violation, Beth A. Simmons

Faculty Scholarship at Penn Law

International law has enjoyed a recent renaissance as an important subfield of study within international relations. Two trends are evident in the recent literature. First, the obsession with theoretical labels is on the decline. Second, empirical, especially quantitative, work is burgeoning. This article reviews the literature in four issues areas — security, war, and peace; international trade; protection of the environment; and human rights — and concludes we have a much stronger basis for assessing claims about compliance and violation now than was the case only a few years ago. Still, the literature suffers from a few weaknesses, including problems of selection ...


Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo Nov 2009

Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo

Faculty Scholarship at Penn Law

Much of the recent debate over Internet policy has focused on the permissibility of business practices that are becoming increasingly common, such as new forms of network management, prioritization, pricing, and strategic partnerships. This Essay analyzes these developments through the lens of the management literature on the product life cycle, dominant designs, technological trajectories and design hierarchies, and the role of complementary assets in determining industry structure. This analysis suggests that many of these business practices may represent nothing more than a reflection of how the nature of competition changes as industries mature. This in turn suggests that network neutrality ...


On The Nature Of The Transferred Bankruptcy Claim, Tally M. Wiener, Nicholas B. Malito Oct 2009

On The Nature Of The Transferred Bankruptcy Claim, Tally M. Wiener, Nicholas B. Malito

University of Pennsylvania Journal of Business Law

No abstract provided.


Heavy Backpacks: Res Judicata And Appropriate Notice To Creditors During A Student Loan Discharge In Bankruptcy, Steven Jackson Oct 2009

Heavy Backpacks: Res Judicata And Appropriate Notice To Creditors During A Student Loan Discharge In Bankruptcy, Steven Jackson

University of Pennsylvania Journal of Business Law

No abstract provided.


Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality , Anita Bernstein Oct 2009

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality , Anita Bernstein

University of Pennsylvania Journal of International Law

No abstract provided.


Cornering The Kremlin: Defending Yukos And Tnk-Bp From Strategic Expropriation By The Russian State, Brendan Marino Carbonel Oct 2009

Cornering The Kremlin: Defending Yukos And Tnk-Bp From Strategic Expropriation By The Russian State, Brendan Marino Carbonel

University of Pennsylvania Journal of Business Law

No abstract provided.


Editorial Board, Editorial Board Oct 2009

Editorial Board, Editorial Board

East Asia Law Review

No abstract provided.


The Perfect Storm: How Mortgagebacked Securities, Federal Deregulation, And Corporate Greed Provide A Wake-Up Call For Reforming Executive Compensation, Janice Kay Mcclendon Oct 2009

The Perfect Storm: How Mortgagebacked Securities, Federal Deregulation, And Corporate Greed Provide A Wake-Up Call For Reforming Executive Compensation, Janice Kay Mcclendon

University of Pennsylvania Journal of Business Law

No abstract provided.


The Impact Of The Flat World On Player Transfers In Major League Baseball, Scott R. Rosner, William T. Conroy Oct 2009

The Impact Of The Flat World On Player Transfers In Major League Baseball, Scott R. Rosner, William T. Conroy

University of Pennsylvania Journal of Business Law

No abstract provided.


Riots And Cover-Ups: Counterproductive Control Of Local Agents In China, Carl F. Minzner Oct 2009

Riots And Cover-Ups: Counterproductive Control Of Local Agents In China, Carl F. Minzner

University of Pennsylvania Journal of International Law

No abstract provided.


Defining The Relationship Between Human Rights And Corruption , James Thuo Gathii Oct 2009

Defining The Relationship Between Human Rights And Corruption , James Thuo Gathii

University of Pennsylvania Journal of International Law

No abstract provided.


The Good, The Bad, And The Ugly: Moral Agency And The Role Of Victims In Reparations Programs, Carlton Waterhouse Oct 2009

The Good, The Bad, And The Ugly: Moral Agency And The Role Of Victims In Reparations Programs, Carlton Waterhouse

University of Pennsylvania Journal of International Law

No abstract provided.