Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Pennsylvania Carey Law School

2011

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 304

Full-Text Articles in Law

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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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

Markets In Ip And Antitrust, Herbert J. Hovenkamp

Faculty Scholarship at Penn 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 ...


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.


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.


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.


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 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 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 ...


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 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 ...


The Triumph And Tragedy Of Tobacco Control: A Tale Of Nine Nations, Eric A. Feldman, Ronald Bayer Dec 2011

The Triumph And Tragedy Of Tobacco Control: A Tale Of Nine Nations, Eric A. Feldman, Ronald Bayer

Faculty Scholarship at Penn Law

The use of law and policy to limit tobacco consumption illustrates one of the greatest triumphs of public health in the late twentieth and early twenty-first centuries, as well as one of its most fundamental failures. Overall decreases in tobacco consumption throughout the developed world represent millions of saved lives and unquantifiable suffering averted. Yet those benefits have not been equally distributed. The poor and the undereducated have enjoyed fewer of the gains. In this review, we build on existing tobacco control scholarship and expand it both conceptually and comparatively. Our focus is the social gradient of smoking both within ...


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.


The Jurisprudence Of Dignity, Leslie Meltzer Henry Dec 2011

The Jurisprudence Of Dignity, Leslie Meltzer Henry

University of Pennsylvania Law Review

No abstract provided.


Subsidizing Fat: How The 2012 Farm Bill Can Address America's Obesity Epidemic, Julie Foster Dec 2011

Subsidizing Fat: How The 2012 Farm Bill Can Address America's Obesity Epidemic, Julie Foster

University of Pennsylvania Law Review

No abstract provided.


Exempt Executives - Dollar General Store Managers' Embattled Quest For Overtime Pay Under The Fair Labor Standards Act, Drew Frederick Dec 2011

Exempt Executives - Dollar General Store Managers' Embattled Quest For Overtime Pay Under The Fair Labor Standards Act, Drew Frederick

University of Pennsylvania Law Review

No abstract provided.


Two Sides Of The Combatant Coin: Untangling Direct Participation In Hostilities From Belligerent Status In Non-International Armed Conflicts, Geoffrey Corn, Chris Jenks Dec 2011

Two Sides Of The Combatant Coin: Untangling Direct Participation In Hostilities From Belligerent Status In Non-International Armed Conflicts, Geoffrey Corn, Chris Jenks

University of Pennsylvania Journal of International Law

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.


Dangerous Precedent: America’S Illegal War In Afghanistan, Ryan T. Williams Dec 2011

Dangerous Precedent: America’S Illegal War In Afghanistan, Ryan T. Williams

University of Pennsylvania Journal of International Law

No abstract provided.