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University of Pennsylvania Carey Law School

2011

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Articles 1 - 30 of 307

Full-Text Articles in Law

We Reap What We Sow: Using Post-Disaster Development Paradigms To Reverse Structural Determinist Frameworks And Empower Small Farmers In Mississippi And Haiti , Michéle Alexandre Dec 2011

We Reap What We Sow: Using Post-Disaster Development Paradigms To Reverse Structural Determinist Frameworks And Empower Small Farmers In Mississippi And Haiti , Michéle Alexandre

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Mass Incarceration, Ex-Felon Discrimination & Black Labor Market Disadvantage , Jordan Segall Dec 2011

Mass Incarceration, Ex-Felon Discrimination & Black Labor Market Disadvantage , Jordan Segall

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Islamaphobia, Neo-Orientalism, And The Specter Of Jihad: Problems Facing Muslim Litigants In U.S. Courts, Agatha Koprowski Dec 2011

Islamaphobia, Neo-Orientalism, And The Specter Of Jihad: Problems Facing Muslim Litigants In U.S. Courts, Agatha Koprowski

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


When “Bad” Mothers Make Worse Law: A Critique Of Legislative Limits On Embryo Transfer , Deborah L. Forman Dec 2011

When “Bad” Mothers Make Worse Law: A Critique Of Legislative Limits On Embryo Transfer , Deborah L. Forman

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Racial Disparities In Childhood Obesity: Causes, Consequences, & Solutions , Katherine Unger Davis Dec 2011

Racial Disparities In Childhood Obesity: Causes, Consequences, & Solutions , Katherine Unger Davis

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Right To Housing: An Effective Means For Addressing Homelessness, The Edward V. Sparer Symposium Issue: Partnering Against Poverty: Examining Cross-Disciplinary Approaches To Public Interest Lawyering , Thomas Byrne, Dennis P. Culhane Dec 2011

Right To Housing: An Effective Means For Addressing Homelessness, The Edward V. Sparer Symposium Issue: Partnering Against Poverty: Examining Cross-Disciplinary Approaches To Public Interest Lawyering , Thomas Byrne, Dennis P. Culhane

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


State And Non-State Justice Systems In Afghanistan: The Need For Synergy Special Issue: Rule Of Law Reform In Iraq And Afghanistan , Ali Wardak Dec 2011

State And Non-State Justice Systems In Afghanistan: The Need For Synergy Special Issue: Rule Of Law Reform In Iraq And Afghanistan , Ali Wardak

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Influences Of Ambiguity Of Constitutional Provisions On The Administrative System Of Iraq Special Issue: Rule Of Law Reform In Iraq And Afghanistan , Sabah Al-Bawi Dec 2011

Influences Of Ambiguity Of Constitutional Provisions On The Administrative System Of Iraq Special Issue: Rule Of Law Reform In Iraq And Afghanistan , Sabah Al-Bawi

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building Special Issue: Rule Of Law Reform In Iraq And Afghanistan, Charles E. Tucker Jr. Dec 2011

Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building Special Issue: Rule Of Law Reform In Iraq And Afghanistan, Charles E. Tucker Jr.

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Masthead, Editors Dec 2011

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


House Divided: A Response To Professor Abbe Smith's In Praise Of The Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects, A, W. Tucker Carrington Dec 2011

House Divided: A Response To Professor Abbe Smith's In Praise Of The Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects, A, W. Tucker Carrington

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Power With: Practice Models For Social Justice Lawyering, Michael Grinthal Dec 2011

Power With: Practice Models For Social Justice Lawyering, Michael Grinthal

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Authority Of Race In Legal Decisions: The District Court Of Opinions Of Brown V. Board Of Education, The, Erica Frankenberg Dec 2011

Authority Of Race In Legal Decisions: The District Court Of Opinions Of Brown V. Board Of Education, The, Erica Frankenberg

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Economic Rights As Group Rights, Eric Blumenson Dec 2011

Economic Rights As Group Rights, Eric Blumenson

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Gender, Maternity Leave, And Home Financing: A Critical Analysis Of Mortgage Lending Discrimination Against Pregnant Women , Maureen R. St. Cyr Dec 2011

Gender, Maternity Leave, And Home Financing: A Critical Analysis Of Mortgage Lending Discrimination Against Pregnant Women , Maureen R. St. Cyr

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


State And Non-State Justice Systems In Afghanistan: The Need For Synergy, Ali Wardak Dec 2011

State And Non-State Justice Systems In Afghanistan: The Need For Synergy, Ali Wardak

University of Pennsylvania Journal of International Law

No abstract provided.


Markets In Ip And Antitrust, Herbert J. Hovenkamp Dec 2011

Markets In Ip And Antitrust, Herbert J. Hovenkamp

Faculty Scholarship at Penn Carey Law

The purpose of market definition in antitrust law is to identify a grouping of sales such that a single firm who controlled them could maintain prices for a significant time at above the competitive level. The conceptions and procedures that go into “market definition” in antitrust can be quite different from those that go into market definition in IP law. When the issue of market definition appears in IP cases, it is mainly as a query about the range over which rivalry occurs. This rivalry may or may not have much to do with a firm’s ability to charge a …


Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building, Charles E. Tucker Jr. Dec 2011

Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building, Charles E. Tucker Jr.

University of Pennsylvania Journal of International Law

No abstract provided.


Influences Of Ambiguity Of Constitutional Provisions On The Administrative System Of Iraq , Dr. Saba Al-Bawi Dec 2011

Influences Of Ambiguity Of Constitutional Provisions On The Administrative System Of Iraq , Dr. Saba Al-Bawi

University of Pennsylvania Journal of International Law

No abstract provided.


The Genetic Information Nondiscrimination Act (Gina): Public Policy And Medical Practice In The Age Of Personalized Medicine, Eric A. Feldman Dec 2011

The Genetic Information Nondiscrimination Act (Gina): Public Policy And Medical Practice In The Age Of Personalized Medicine, Eric A. Feldman

Faculty Scholarship at Penn Carey Law

Survey data suggest that many people fear genetic discrimination by health insurers or employers. In fact, such discrimination has not yet been a significant problem. This article examines the fear and reality of genetic discrimination in the United States, describes how Congress sought to prohibit such discrimination by passing the Genetic Information Nondiscrimination Act of 2008 (GINA), and explores the implications of GINA for general internists and their institutions. It concludes that medical providers and health care institutions must be familiar with the general intent and specific terms of GINA, and should continue to collect genetic information that can contribute …


Antitrust's "Jurisdictional" Reach Abroad, Herbert J. Hovenkamp Dec 2011

Antitrust's "Jurisdictional" Reach Abroad, Herbert J. Hovenkamp

Faculty Scholarship at Penn Carey Law

In its Arbaugh decision the Supreme Court insisted that a federal statute’s limitation on reach be regarded as “jurisdictional” only if the legislature was clear that this is what it had in mind. The Foreign Trade Antitrust Improvement Act (FTAIA) presents a puzzle in this regard, because Congress seems to have been quite clear about what it had in mind; it simply failed to use the correct set of buzzwords in the statute itself, and well before Arbaugh assessed this requirement.

Even if the FTAIA is to be regarded as non-jurisdictional, the constitutional extraterritorial reach of the Sherman Act is …


Mergers, Market Dominance And The Lundbeck Case, Herbert J. Hovenkamp Dec 2011

Mergers, Market Dominance And The Lundbeck Case, Herbert J. Hovenkamp

Faculty Scholarship at Penn Carey Law

In Lundbeck the Eighth Circuit affirmed a district court’s judgment that a merger involving the only two drugs approved for treating a serious heart condition in infants was lawful. Although the drugs treated the same condition they were not bioequivalents. The Eighth Circuit approved the district court’s conclusion that they had not been shown to be in the same relevant market.

Most mergers that are subject to challenge under the antitrust laws occur in markets that exhibit some degree of product differentiation. The Lundbeck case illustrates some of the problems that can arise when courts apply ideas derived from models …


Resolving Constitutional Disputes In Contemporary China, Keith Hand Dec 2011

Resolving Constitutional Disputes In Contemporary China, Keith Hand

East Asia Law Review

Beginning in 1999, a series of events generated speculation that the Chinese Party-state might be prepared to breathe new life into the country's long dormant constitution. In recent years, as the Party-state has strictly limited constitutional adjudication and moved aggressively to contain some citizen constitutional activism, this early speculation has turned to pessimism about China's constitutional trajectory. Such pessimism obscures recognition of alternative or hybrid pathways for resolving constitutional disputes in China. Despite recent developments, Chinese citizens have continued to constitutionalize a broad range of political-legal disputes and advance constitutional arguments in a variety of forums. This article argues that …


Governing Financial Disputes In China: What Have We Learned From The Global Financial Crisis Of 2008?, Robin Hui Huang, Shahla F. Ali Dec 2011

Governing Financial Disputes In China: What Have We Learned From The Global Financial Crisis Of 2008?, Robin Hui Huang, Shahla F. Ali

East Asia Law Review

In light of the recent global financial crisis of 2008, this article critically compares how China's national arbitration commissions and local courts are responding to new challenges brought about by an increase in the number of banking related disputes. Drawing on comparative case analysis, the article examines the operation of the China International Economic and Trade Arbitration Commission (CIETAC) and the Shanghai Courts' financial dispute resolution mechanisms in resolving financial disputes. Drawing on insights from selected case findings, it provides insight into which institution is best positioned to handle financial-related cases, discusses prospects for coordination between the two, and sets …


Attempting To Go Beyond Forgetting: The Legacy Of The Tokyo Imt And Crimes Of Ciolence Against Women, Caroline Joan (Kay) S. Picart Dec 2011

Attempting To Go Beyond Forgetting: The Legacy Of The Tokyo Imt And Crimes Of Ciolence Against Women, Caroline Joan (Kay) S. Picart

East Asia Law Review

This article begins by first focusing on the Tokyo IMT's heritage of collective forgetting in relation to instances of systematized violence against women, especially the establishment of comfort stations in territories formerly occupied by the Japanese Imperial Army. In specific, after the Introduction, it describes the international political, legal and military factors that led to the formation of the Tokyo IMT; a brief overview of the trial; the political and pedagogical functions of the Tokyo IMT; and legal and extra-legal devices of the Tokyo IMT. Subsequently, it points out key differences between the Nuremberg and Tokyo Trials, in terms of …


Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells Dec 2011

Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells

East Asia Law Review

This essay blends history, law, and politics in considering the role of legal imperialism nineteenth-century English extradition law in colonial Hong Kong. Building upon the pioneering work of Jerome Cohen, this essay enhances and clarifies our understanding of Chinese legal history and its continued (and future) influence on Sino-Western relations. By focusing upon the series of In re Kwok-a-Sing decisions as they traversed courts from colonial Hong Kong to imperial London, this study analyzes how, through skilful legal reasoning, the British courts managed to circumvent laws and assert their political domination in Southeast Asia by repeatedly refusing to extradite Kwok-a-Sing …


Constraining Certiorari Using Administrative Law Principles , Kathryn A. Watts Dec 2011

Constraining Certiorari Using Administrative Law Principles , Kathryn A. Watts

University of Pennsylvania Law Review

No abstract provided.


Wielding Human Rights And Constitutional Procedure To Temper The Harms Of Globalization: Costa Rica’S Battle Over The Central American Free Trade Agreement, Alberto R. Coll Dec 2011

Wielding Human Rights And Constitutional Procedure To Temper The Harms Of Globalization: Costa Rica’S Battle Over The Central American Free Trade Agreement, Alberto R. Coll

University of Pennsylvania Journal of International Law

No abstract provided.


Israel, Turkey, And The Gaza Blockade, Daniel Benoliel Dec 2011

Israel, Turkey, And The Gaza Blockade, Daniel Benoliel

University of Pennsylvania Journal of International Law

No abstract provided.


Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave Dec 2011

Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave

University of Pennsylvania Journal of Constitutional Law

No abstract provided.