Law Commons^™

Abortion And Technology: Sonograms, Fetal Pain, Viability, And Early Prenatal Diagnosis, John A. Robertson

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Federalizing Medicaid, Nicole Huberfeld

University of Pennsylvania Journal of Constitutional Law

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

University of Pennsylvania Journal of International Law

No abstract provided.

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

All Faculty Scholarship

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

University of Pennsylvania Law Review

No abstract provided.

The Jurisprudence Of Dignity, Leslie Meltzer Henry

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

University of Pennsylvania Law Review

No abstract provided.

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

University of Pennsylvania Law Review

No abstract provided.

Russia’S Orthodox Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert C. Blitt

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

University of Pennsylvania Journal of International Law

No abstract provided.

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

University of Pennsylvania Journal of International Law

No abstract provided.

“Impact” In 3d—Maximizing Impact Through Transactional Clinics, Praveen Kosuri

All Faculty Scholarship

In speaking about “impact” clinical legal education, it is almost always exclusively as litigation—innocence projects, representing Guantanamo detainees, human rights concerns, environmental issues. Though these clinical efforts target different societal ills, all try to use the legal system as a catalyst for change. Rarely do clinicians invoke the word “impact” in the same manner in discussing transactional legal work much less transactional clinics. Yet transactional clinics can and do perform impact work. This article describes the current landscape of transactional clinics, the distinct evolution of community economic development clinics from small business and organizations clinics and argues that both can …

Apprendi And The Dynamics Of Guilty Pleas, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Trial By Sniper: The Legality Of Targeted Killing In The War On Terror, Lindsay Kwoka

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Beyond Judicial Activism: When The Supreme Court Is No Longer A Court, Margaret L. Moses

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Constitutional In Name: The Bureau Of Consumer Financial Protecion And The Obama Administration's Treatment Of The Nondelegation Principle And The Appointments Clause, Raghav Ahuja

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Civil Mediation In Taiwan: Legal Culture And The Process Of Legal Modernization, Yun-Hsien Diana Lin

East Asia Law Review

The process of legal modernization in Taiwan began in 1895, when the Japanese colonial government first imposed westernized modern law on Taiwan. Before 1895, the code of imperial Ch'ing - deeply influenced by the Confucian legal culture which emphasized social harmony and opposed lawsuits - had been the state law for more than two centuries. A second major transition started in the 1920s, during which Taiwanese people gradually became accustomed to access modern courts for their civil disputes, and the number of civil lawsuits eventually surpassed that of cases under mediation. The positive attitude toward civil litigation continued after the …

Introduction And Suggestions On The Chinese Securities Credit Rating System From A Comparative Perspective, Yinping Xu, Charlie Xiaochuan Weng

East Asia Law Review

Credit rating is a burgeoning industry in China. However, ever since it was established by State Council in 1993, the development of the industry has faced various impediments. There are currently three major problems hindering its further development, as result of a lack of systematic statutory and judicial guidelines. These problems are: limited competition in the industry, rampant rating shopping and conflicts of interest, and limited remedy in a suit against false ratings. The rating industry in China has followed a different pattern. The statutory threshold requirement has proven too demanding for most rating agencies to comply with, barring many …

Of Complicity And Compliance: A Rules-Based Anti-Complicity Strategy Under Federal Securities Law, Joseph A. Franco

University of Pennsylvania Journal of Business Law

No abstract provided.

The Unhelpfulness Of Treaty Law In Solving The Sino-Japan Sovereign Dispute Over The Diaoyu Islands, Chi Manjiao

East Asia Law Review

The sovereignty dispute over the Diaoyu Islands between China and Japan is a sensitive issue touching upon various aspects of international law. One of the major claims of both countries is whether the Islands have been ceded to Japan, and if so, have they been reverted to China. Since cession and reversion were completed through a series of treaties, this paper explores the dispute by evaluating treaty law. The paper first outlines three sovereignty claims over the Islands and then provides a chronological review of the pertinent treaties. It then discusses the non-applicability contention and the treaty interpretation contention, two …

Why Liberty Judicial Review Is As Legitimate As Equality Review: The Case Of Gay Rights Jurisprudence, Carlos A. Ball

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Contempt Of Congress V. Executive Privilege, Todd David Peterson

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Kids Are Online: The Internet, The Commerce Clause, And The Amended Federal Kidnapping Act, Michele Martinez Campbell

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Morrison V. Dodd-Frank: Deciphering The Congressional Rebuttal To The Supreme Court's Ruling, Jennifer Wu

University of Pennsylvania Journal of Business Law

No abstract provided.

Disparate Impact Realism, Amy L. Wax

All Faculty Scholarship

In Ricci v. DeStefano, 129 S. Ct. 2658 (2009), the Supreme Court recently reaffirmed the doctrine, first articulated by the Court in Griggs v. Duke Power Company, 401 U.S. 424 (1971), that employers can be held liable under Title VII of the 1964 Civil Rights Act for neutral personnel practices with a disparate impact on minority workers. The Griggs Court further held that employers can escape liability by showing that their staffing practices are job related or consistent with business necessity.

In the interim since Griggs, social scientists have generated evidence undermining two key assumptions behind that decision and its …

The Overused And Under-Defined Notion Of "Material" In Securities Law, Dale A. Oesterle

University of Pennsylvania Journal of Business Law

No abstract provided.

Corporate First Amendment Rights After Citizens United: An Analysis Of The Popular Movement To End The Constitutional Personhood Of Corporations, Susanna Kim Ripken

University of Pennsylvania Journal of Business Law

No abstract provided.

The Supreme Court's Renewed Focus On Inefficiently Structured Joint Ventures, Stephen F. Ross

University of Pennsylvania Journal of Business Law

No abstract provided.

The Application Of Dodd-Frank's Dual Preemption Standard To State Udap Laws, Michael Bolos

University of Pennsylvania Journal of Business Law

No abstract provided.

Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse

All Faculty Scholarship

This contribution to a symposium on the morality of preventive restriction on liberty begins by describing the positive law of preventive detention, which I term "desert/disease jurisprudence." Then it provides a brief excursus about risk prediction (estimation), which is at the heart of all preventive detention practices. Part IV considers whether proposed expansions of desert jurisprudence are consistent with retributive theories of justice, which ground desert jurisprudence. I conclude that this is a circle that cannot be squared. The following Part canvasses expansions of disease jurisprudence, especially the involuntary civil commitment of mentally abnormal, sexually violent predators, and the use …