Law Commons^™

Academic Libraries And The Crisis In Legal Education, Genevieve B. Tung

Librarian Scholarship at Penn Law

Today’s law schools are threatened by declining enrollments and poor job prospects for graduates. Prominent reformers are exposing dysfunctions within the current system and recommending improvements, but many of these proposals misunderstand academic law libraries and their contributions to student and faculty success. This article examines four possible curricular reforms and suggests ways that law librarians can participate in a comprehensive effort to make legal education more useful.

International Trade Law And Information Policy: A Recent History, Genevieve B. Tung

Librarian Scholarship at Penn Law

No abstract provided.

Communications Privacy For And By Whom?, Ryan Calo

University of Pennsylvania Law Review Online

No abstract provided.

Casting A Wide Net To Catch The Big Fish: A Comprehensive Initiative To Reduce Human Trafficking In The Global Seafood Chain, Naomi Jiyoung Bang

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Getting Queer Priorities Straight: How Direct Legal Services Can Democratize Issue Prioritization In The Lgbt Rights Movement, Leonore F. Carpenter

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Insights From Canada For American Constitutional Federalism, Stephen F. Ross

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Alienating Aliens: Equal Protection Violations In The Structures Of State Public-Benefit Schemes, Gregory T. W. Rosenberg

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Secret History Of American Constitutional Skepticism: A Recovery And Preliminary Evaluation, Louis Michael Seidman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Whose Trojan Horse? The Dynamics Of Resistance Against Ifrs, Martin Gelter, Zehra G. Kavame Eroglu

University of Pennsylvania Journal of International Law

No abstract provided.

"I'Ll Take Form Over Substance For $800, Trebek": Why Blueford Was Too Rigid And How States Can Properly Provide Double Jeopardy Protection, Warren M. Klinger

University of Pennsylvania Law Review Online

No abstract provided.

Maryland "Embryo Adoption": Religious Entanglement In The Maryland Stem Cell Research Act Of 2006, Maggie Davis

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

All Assemble: Order And Disorder In Law, Politics, And Culture, Tabatha Abu El-Haj

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Your Honor, Please Explain: Why Congress Can, And Should, Require Justices To Publish Reasons For Their Recusal Decisions, Suzanne Levy

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Should I Stay Or Should I Go Now: Foreign Law Implications For The Supreme Court's Recusal Problem, Christina Reichert

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Voting Rights Act And The Fifteenth Amendment Standard Of Review, Jeremy Amar-Dolan

University of Pennsylvania Journal of Constitutional Law

One of the most successful pieces of civil rights legislation in American History, the Voting RightsAct of 1965 helped achieve a level of black enfranchisement that had seemed impossible since the ratification of the Fifteenth Amendment nearly a century earlier. Indispensable to the VRA’s success was Section 5, which turns the tables on jurisdictions deemed to be the worst offenders by creating a presumption of racial discrimination that had to be overcome by “preclearing” any change in voting practices with federal authorities. Although the VRA has withstood a number of constitutional challenges over the years, the Supreme Court recently held …

Weighing The Eighth Amendment: Finding The Balance Between Treating And Mistreating Suicidal Prisoners, Jessa Irene Degroote

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Constitution And Legislative History, Victoria F. Nourse

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Legitimacy-Based Discrimination And The Development Of The Judicial Power In Japan As Seen Through Two Supreme Court Cases, Colin P. A. Jones

East Asia Law Review

In September of 2013 the Supreme Court of Japan issued two judgments dealing with the constitutionality of statutory schemes that discriminated based on legitimacy. The first case resulted in the Court finding the provision unconstitutional, a rare occurrence in Japan. The second case found no constitutional problem to exist. This article will compare and contrast the two decisions while explaining the family law context in which they arose. It also offers an explanation of how the Court could arrive at two seemingly contradictory conclusions at almost the same time in its history.

A Us/India Model For China’S Ethnic Policies: Is The Cure Worse Than The Disease?, Barry Sautman

East Asia Law Review

Some scholars in China argue that minority rights inscribed in law, such as ethnic regional autonomy and preferential policies, must be reformed along liberal lines: minorities should be “depoliticized” -- treated as cultural groups whose members have only individual, not collective, rights. They propose a “second generation of ethnic policies” for China that they argue would resemble policies in the United States and India. This article shows, however, that the United States and India do not have the features of ethnic equity and peace that they are supposed to exemplify, as their minorities have subordinate, deteriorating social positions and are …

The Yet-To-Be Effective But Effective Tax: Hong Kong's Buyer's Stamp Duty As A Critical Case Study Of Legislation By Press Release, Jianlin Chen

East Asia Law Review

No abstract provided.

Licensing Intellectual Property In China, Lei Mei

East Asia Law Review

No abstract provided.

Ip-Related Anti-Monopoly And Anti-Unfair Competition Enforcement In China, Lipeng Mei

East Asia Law Review

No abstract provided.

Emergency Arbitrator Procedure And Open-List Arbitrator Appointment Under The New China (Shanghai) Pilot Free Trade Zone Arbitration Rules: Dawn Of A New Era?, Rui Bu

East Asia Law Review

No abstract provided.

Roadblocks To Access To Justice: Reforming Ethical Rules To Meet The Special Needs Of Low-Income Clients, Louis S. Rulli

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Effectiveness Of State-Filed Amicus Briefs At The United States Supreme Court, Brandon D. Harper

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Judicial Review And Non-Enforcement At The Founding, Matthew Steilen

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Beyond Suspect Classifications, Susannah W. Pollvogt

University of Pennsylvania Journal of Constitutional Law

Suspect classification analysis is dead. Or so it would seem.

As is well known, suspect classification analysis and the associated tiers of scrutiny framework are the primary doctrinal features of contemporary equal protection jurisprudence. How plaintiffs fare under these twin doctrines determines the ultimate fate of their equal protection claims. Accordingly, equal protection advocates often turn their attention to suspect classification analysis in crafting their arguments.

And yet, despite the profound impact of suspect classification analysis on contemporary equal protection jurisprudence, the doctrine sits much like an aging patriarch, exerting a level of control that far exceeds its actual efficacy. …

Revisiting The Manson Test: Social Science As A Source Of Constitutional Interpretation, Benjamin Wiener

University of Pennsylvania Journal of Constitutional Law

Throughout the late 1960s and early 1970s, the Supreme Court defined the Due Process limitations on the admissibility of eyewitness identifications. The Court ultimately settled on a test in Manson v. Brathwaite. Since 1977, the Court’s test has been roundly criticized in the legal7 and social science8 literature. Despite developments in social science that have augmented our understanding of eyewitness identifications, the Supreme Court has failed to readdress the issue.

This Comment considers whether or not the United States Supreme Court should use social science evidence as a source for reinterpreting the Due Process Clause as expressed through the …

I Am A Camera: Scrutinizing The Assumption That Cameras In The Courtroom Furnish Public Value By Operating As A Proxy For The Public, Cristina Carmody Tilley

University of Pennsylvania Journal of Constitutional Law

The United States Supreme Court has held that the public has a constitutional right of access to criminal trials and other proceedings, in large part because attendance at these events furnishes a number of public values. The Court has suggested that the press operates as a proxy for the public in vindicating this open court guarantee. That is, the Court has implied that any value that results from general public attendance at trials is replicated when members of the media at-tend and report on trials using the same means of perception as other members of the public.

The concept of …

Sport As Speech, Genevieve Lakier

University of Pennsylvania Journal of Constitutional Law

No abstract provided.