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Articles 31 - 60 of 261
Full-Text Articles in Law
Riots And Cover-Ups: Counterproductive Control Of Local Agents In China, Carl F. Minzner
Riots And Cover-Ups: Counterproductive Control Of Local Agents In China, Carl F. Minzner
University of Pennsylvania Journal of International Law
No abstract provided.
Toward An Interpretative Model Of Judicial Independence: A Case Study Of Eastern Europe , Daniel Ryan Koslosky
Toward An Interpretative Model Of Judicial Independence: A Case Study Of Eastern Europe , Daniel Ryan Koslosky
University of Pennsylvania Journal of International Law
No abstract provided.
On The Nature Of The Transferred Bankruptcy Claim, Tally M. Wiener, Nicholas B. Malito
On The Nature Of The Transferred Bankruptcy Claim, Tally M. Wiener, Nicholas B. Malito
University of Pennsylvania Journal of Business Law
No abstract provided.
Derivatives And Bankruptcy: The Flawed Case For Special Treatment, Stephen J. Lubben
Derivatives And Bankruptcy: The Flawed Case For Special Treatment, Stephen J. Lubben
University of Pennsylvania Journal of Business Law
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
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.
Cornering The Kremlin: Defending Yukos And Tnk-Bp From Strategic Expropriation By The Russian State, Brendan Marino Carbonel
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.
Service Partner Capital Agreements: The Leading Cases And A Response To Critics, Val D. Ricks
Service Partner Capital Agreements: The Leading Cases And A Response To Critics, Val D. Ricks
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
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.
Heavy Backpacks: Res Judicata And Appropriate Notice To Creditors During A Student Loan Discharge In Bankruptcy, Steven Jackson
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.
The Future Of Shareholder Democracy, Lisa Fairfax
The Future Of Shareholder Democracy, Lisa Fairfax
All Faculty Scholarship
This Article seeks to ascertain the impact of the Securities and Exchange Commission's rejection in 2007 of a proxy access rule, a rule that would have required corporations to include shareholder-nominated candidates on the ballot. On the one hand, the SEC's rejection appears to be a stunning blow to the shareholders' rights campaign because many shareholders' rights advocates have long considered access to the corporate ballot as the "holy grail" of their campaign for increased shareholder power. On the other hand, some corporate experts maintain that characterizing proxy access as the indispensable ingredient for sufficient shareholder influence fails to appreciate …
Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality , Anita Bernstein
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.
Defining The Relationship Between Human Rights And Corruption , James Thuo Gathii
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
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.
State Finance In Times Of Crisis, Brian Galle, Jonathan Klick
State Finance In Times Of Crisis, Brian Galle, Jonathan Klick
All Faculty Scholarship
As recent events illustrate, state finances are pro-cyclical: during recessions, state revenues crash, worsening the effects of economic downturns. This problem is well-known, yet persistent. We argue here that, in light of predictable federalism and political economy dynamics, states will be unable to change this situation on their own. Additionally, we note that many possible federal remedies may result in worse problems, such as creating moral hazard that would induce states to take on excessively risky policy, both fiscal and otherwise. Thus, we argue that policy makers should consider so-called “automatic” stabilizers, such as are found in the federal tax …
Future Generations: A Prioritarian View, Matthew D. Adler
Future Generations: A Prioritarian View, Matthew D. Adler
All Faculty Scholarship
Should we remain neutral between our interests and those of future generations? Or are we ethically permitted or even required to depart from neutrality and engage in some measure of intergenerational discounting? This Article addresses the problem of intergenerational discounting by drawing on two different intellectual traditions: the social welfare function (“SWF”) tradition in welfare economics, and scholarship on “prioritarianism” in moral philosophy. Unlike utilitarians, prioritarians are sensitive to the distribution of well-being. They give greater weight to well-being changes affecting worse-off individuals. Prioritarianism can be captured, formally, through an SWF which sums a concave transformation of individual utility, rather …
Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden
Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden
All Faculty Scholarship
International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent jurisprudence with regard to the applicable standard for reviewing a state's public regulatory activities. This problematic approach is evidenced by a recent series of cases brought by foreign investors against Argentina challenging the economic recovery program launched after a massive financial collapse and has called into question …
The Klan, The Congress, And The Court: Congressional Enforcement Of The Fourteenth And Fifteenth Amendments & The State Action Syllogism, A Brief Historical Overview, Michael Kent Curtis
The Klan, The Congress, And The Court: Congressional Enforcement Of The Fourteenth And Fifteenth Amendments & The State Action Syllogism, A Brief Historical Overview, Michael Kent Curtis
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Reconstructing Reconstruction: Rome Problems For Originalists (And Everyone Else, Too), Barry Friedman
Reconstructing Reconstruction: Rome Problems For Originalists (And Everyone Else, Too), Barry Friedman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Interpreting The Thirteenth Amendment, Alexander Tsesis
Interpreting The Thirteenth Amendment, Alexander Tsesis
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Responsive Constitutionalism And The Idea Of Dignity, Peggy Cooper Davis
Responsive Constitutionalism And The Idea Of Dignity, Peggy Cooper Davis
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee
Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
The Thirteenth Amendment In Historical Perspective, Risa L. Goluboff
The Thirteenth Amendment In Historical Perspective, Risa L. Goluboff
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Rights Of Citizenship: Two Framers, Two Amendments, Rebecca E. Zietlow
The Rights Of Citizenship: Two Framers, Two Amendments, Rebecca E. Zietlow
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Citizenship Clause, Original Meaning, And The Egalitarian Unity Of The Fourteenth Amendment, Cristina M. Rodriguez
The Citizenship Clause, Original Meaning, And The Egalitarian Unity Of The Fourteenth Amendment, Cristina M. Rodriguez
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Remarks At The Conference On The Second Founding November 14, 2008, Eric Foner
Remarks At The Conference On The Second Founding November 14, 2008, Eric Foner
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
A Pluralist Theory Of The Equal Protection Clause, William N. Eskridge Jr.
A Pluralist Theory Of The Equal Protection Clause, William N. Eskridge Jr.
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Ink Blot Or Not: The Meaning Of Privileges And/Or Immunities, Richard L. Aynes
Ink Blot Or Not: The Meaning Of Privileges And/Or Immunities, Richard L. Aynes
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Birthright Citizenship And The Fourteenth Amendment In 1868 And 2008, Rogers M. Smith
Birthright Citizenship And The Fourteenth Amendment In 1868 And 2008, Rogers M. Smith
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
On Section 5 Of The Fourteenth Amendment, Steven G. Calabresi, Nicholas P. Stabile
On Section 5 Of The Fourteenth Amendment, Steven G. Calabresi, Nicholas P. Stabile
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
"A Person Otherwise Innocent": Policing Entrapment In Preventative, Undercover Counterterrorism Investigations, Jon Sherman
"A Person Otherwise Innocent": Policing Entrapment In Preventative, Undercover Counterterrorism Investigations, Jon Sherman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.