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University of Pennsylvania Carey Law School

2014

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Articles 271 - 276 of 276

Full-Text Articles in Law

How Businesses Can Promote Cyber Peace, Scott J. Shackelford, Timothy L. Fort, Jamie D. Prenkert Jan 2014

How Businesses Can Promote Cyber Peace, Scott J. Shackelford, Timothy L. Fort, Jamie D. Prenkert

University of Pennsylvania Journal of International Law

No abstract provided.


The Transatlantic Flow Of Data And The National Security Exception In The European Data Privacy Regulation: In Search For Legal Protection Against Surveillance, Ioanna Tourkochoriti Jan 2014

The Transatlantic Flow Of Data And The National Security Exception In The European Data Privacy Regulation: In Search For Legal Protection Against Surveillance, Ioanna Tourkochoriti

University of Pennsylvania Journal of International Law

No abstract provided.


Discretion In Class Certification, Tobias Barrington Wolff Jan 2014

Discretion In Class Certification, Tobias Barrington Wolff

All Faculty Scholarship

A district court has broad discretion in deciding whether a suit may be maintained as a class action. Variations on this phrase populate the class action jurisprudence of the federal courts. The power of the federal courts to exercise discretion when deciding whether to permit a suit to proceed as a class action has long been treated as an elemental component of a representative proceeding. It is therefore cause for surprise that there is no broad consensus regarding the nature and definition of this judicial discretion in the certification process. The federal courts have not coalesced around a clear or …


Technological Determinism And Its Discontents, Christopher S. Yoo Jan 2014

Technological Determinism And Its Discontents, Christopher S. Yoo

All Faculty Scholarship

This book review takes a critical review of the claim advanced by Susan Crawford in Captive Audience that the merger between Comcast and NBC Universal would harm consumers and that policymakers should instead promote common carriage regulation and subsidize municipal symmetrical gigabit fiber-to-the-home (FTTH). First it evaluates the extent to which next-generation digital subscriber lines (DSL) and wireless broadband technologies can serve as effective substitutes for cable modem service, identifying FCC data showing that the market has become increasingly competitive and likely to continue to do so. Furthermore, the market is not structured in a way that would permit the …


Book Review (Reviewing International Law In The Us. Supreme Court: Continuity And Change (David L. Sloss, Michael D. Ramsey, And Williams. Dodge Eds., 2011))., Jean Galbraith Jan 2014

Book Review (Reviewing International Law In The Us. Supreme Court: Continuity And Change (David L. Sloss, Michael D. Ramsey, And Williams. Dodge Eds., 2011))., Jean Galbraith

All Faculty Scholarship

No abstract provided.


Confused Culpability, Contrived Causation, And The Collapse Of Tort Theory, Larry Alexander, Kimberly Kessler Ferzan Jan 2014

Confused Culpability, Contrived Causation, And The Collapse Of Tort Theory, Larry Alexander, Kimberly Kessler Ferzan

All Faculty Scholarship

What justifies tort law? Once we identify a domain that is central to if not co-extensive with “torts,” we will find that it consists of a motley collection of doctrines that are impossible to justify under any recognizable and attractive normative principles.