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Articles 31 - 60 of 278
Full-Text Articles in Law
Military Justice: A Very Short Introduction (Book Review), Mark Patrick Nevitt
Military Justice: A Very Short Introduction (Book Review), Mark Patrick Nevitt
All Faculty Scholarship
This short essay reviews Professor Eugene Fidell’s recently published book, “Military Justice A Very Short Introduction” (Oxford Press). This book is a welcome addition to military law and military justice literature more generally. Eugene Fidell, a professor at Yale Law School, brings a tremendous breadth of experience as both a scholar and military justice practitioner. He also possesses a keen observational and critical eye to the subject of military justice practiced here and abroad.
The book review first provides an overview of Professor Fidell’s book, its organizational set-up, and where it sits in the broader context of military justice literature. …
The Ethics Of Medicaid’S Work Requirements And Other Personal Responsibility Policies, Harald Schmidt, Allison K. Hoffman
The Ethics Of Medicaid’S Work Requirements And Other Personal Responsibility Policies, Harald Schmidt, Allison K. Hoffman
All Faculty Scholarship
Breaking controversial new ground, the Centers for Medicare & Medicaid Services (CMS) recently invited states to consider establishing work requirements as a condition of receiving Medicaid benefits. Noncompliant beneficiaries may lose some or all benefits, and if they do, will incur higher spending if they have to pay for medical care out of pocket. Current evidence suggests work requirements and related policies, which proponents claim promote personal responsibility, can create considerable risks of health and financial harm in vulnerable populations. Concerns about implementing these policies in Medicaid have been widely expressed, including by major physician organizations, and others have examined …
Was The Amt Effectively Repealed?, Reed Shuldiner
Was The Amt Effectively Repealed?, Reed Shuldiner
All Faculty Scholarship
The individual alternative minimum tax (AMT) was a much disliked feature of the tax law prior to the Tax Cuts and Jobs Act (TCJA). Yet, despite repeated promises to repeal the AMT as part of tax reform, the TCJA dropped AMT repeal in favor of increasing the AMT exemption and its phaseout threshold. The question raised by this development is whether the AMT changes should be viewed as yet another stop-gap tweak of the AMT or whether the changes should be viewed as returning the AMT to its roots as a tax on high-income taxpayers using excessive loopholes. In this …
Model Foundation Newsletter (Spring 2018)
Model Foundation Newsletter (Spring 2018)
Leo Model Foundation Government Service & Public Affairs Initiative Newsletter
No abstract provided.
Rethinking Judicial Review Of High Volume Agency Adjudication, Jonah B. Gelbach, David Marcus
Rethinking Judicial Review Of High Volume Agency Adjudication, Jonah B. Gelbach, David Marcus
All Faculty Scholarship
Article III courts annually review thousands of decisions rendered by Social Security Administrative Law Judges, Immigration Judges, and other agency adjudicators who decide large numbers of cases in short periods of time. Federal judges can provide a claim for disability benefits or for immigration relief the sort of consideration that an agency buckling under the strain of enormous caseloads cannot. Judicial review thus seems to help legitimize systems of high volume agency adjudication. Even so, influential studies rooted in the gritty realities of this decision-making have concluded that the costs of judicial review outweigh whatever benefits the process creates.
We …
Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith
All Faculty Scholarship
This article is reproduced with permission from the April 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.
Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.
Hipster Antitrust: New Bottles, Same Old W(H)Ine?, Christopher S. Yoo
Hipster Antitrust: New Bottles, Same Old W(H)Ine?, Christopher S. Yoo
All Faculty Scholarship
Although the debate over hipster antitrust is often portrayed as something new, experienced observers recognize it as a replay of an old argument that was resolved by the global consensus that antitrust should focus on consumer welfare rather than on the size of firms, the levels of industry concentration, and other considerations. Moreover, the history of the Federal Trade Commission’s Section 5 authority to prevent unfair methods of competition stands as a reminder of the dangers of allowing enforcement policy to be guided by vague and uncertain standards.
Learning What Works In Regulation, Cary Coglianese, Todd Rubin
Learning What Works In Regulation, Cary Coglianese, Todd Rubin
All Faculty Scholarship
No abstract provided.
The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu
The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu
All Faculty Scholarship
This essay uses concepts from Bernadette Atuahene’s book We Want What’s Ours: Learning from South Africa’s Land Restitution Program to examine the trend of urban hospital closings. It does so by focusing specifically on the history of Martin Luther King, Jr. Community Hospital, a charitable hospital in South Los Angeles, California that emerged after the Watts riots in 1965. The essay illustrates how Professor Atuahene’s framework can generate unique questions about the closing of urban hospitals, and public bureaucracies more generally. The essay also demonstrates how Martin Luther King, Jr. Community Hospital’s trajectory hones some of Atuahene’s concepts in ways …
Finding The Right Balance In Appraisal Litigation: Deal Price, Deal Process, And Synergies, Lawrence A. Hamermesh, Michael L. Wachter
Finding The Right Balance In Appraisal Litigation: Deal Price, Deal Process, And Synergies, Lawrence A. Hamermesh, Michael L. Wachter
All Faculty Scholarship
This article examines the evolution of Delaware appraisal litigation and concludes that recent precedents have created a satisfactory framework in which the remedy is most effective in the case of transactions where there is the greatest reason to question the efficacy of the market for corporate control, and vice versa. We suggest that, in effect, the developing framework invites the courts to accept the deal price as the proper measure of fair value, not because of any presumption that would operate in the absence of proof, but where the proponent of the transaction affirmatively demonstrates that the transaction would survive …
The Dynamic Impact Of Periodic Review On Women’S Rights, Cosette D. Creamer, Beth A. Simmons
The Dynamic Impact Of Periodic Review On Women’S Rights, Cosette D. Creamer, Beth A. Simmons
All Faculty Scholarship
Human rights treaty bodies have been frequently criticized as useless and the regime’s self-reporting procedure widely viewed as a whitewash. Yet very little research explores what, if any, influence this periodic review process has on governments’ implementation of and compliance with treaty obligations. We argue oversight committees may play an important role in improving rights on the ground by providing information for international and primarily domestic audiences. This paper examines the cumulative effects on women’s rights of self-reporting and oversight review, using original data on the history of state reporting to and review by the Committee on the Elimination of …
Grasping For Energy Democracy, Shelley Welton
Grasping For Energy Democracy, Shelley Welton
All Faculty Scholarship
Until recently, energy law has attracted relatively little citizen participation. Instead, Americans have preferred to leave matters of energy governance to expert bureaucrats. But the imperative to respond to climate change presents energy regulators with difficult choices over what our future energy sources should be, and how quickly we should transition to them—choices that are outside traditional regulatory expertise. For example, there are currently robust nationwide debates over what role new nuclear power plants and hydraulically fractured natural gas should play in our energy mix, and over how to maintain affordable energy for all while rewarding those who choose to …
Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason
Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason
All Faculty Scholarship
In this article, we respond to Professor Zelinsky’s criticism of our arguments regarding the constitutionality of New York’s tax residence rule. We argue that the Supreme Court’s decision in Wynne requires reconsideration of the New York Court of Appeal’s decision in Tamagni.
Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick
Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick
All Faculty Scholarship
Across the Internet, mistaken and malicious routing announcements impose significant costs on users and network operators. To make routing announcements more reliable and secure, Internet coordination bodies have encouraged network operators to adopt the Resource Public Key Infrastructure (“RPKI”) framework. Despite this encouragement, RPKI’s adoption rates are low, especially in North America.
This report presents the results of a year-long investigation into the hypothesis—widespread within the network operator community—that legal issues pose barriers to RPKI adoption and are one cause of the disparities between North America and other regions of the world. On the basis of interviews and analysis of …
Remedial Reading: Evaluating Federal Courts' Application Of The Prejudice Standard In Capital Sentences From "Weighing" And "Non-Weighing" States, Sarah Gerwig-Moore
Remedial Reading: Evaluating Federal Courts' Application Of The Prejudice Standard In Capital Sentences From "Weighing" And "Non-Weighing" States, Sarah Gerwig-Moore
JCL Online
No abstract provided.
Down But Not Out: Trinity Lutheran'S Implications For State No-Aid Provisions, Anthony Joseph
Down But Not Out: Trinity Lutheran'S Implications For State No-Aid Provisions, Anthony Joseph
JCL Online
No abstract provided.
Views Among College Students Regarding Freedom Of Expression: An Analysis In Light Of Key Supreme Court Decisions, John Villasenor
Views Among College Students Regarding Freedom Of Expression: An Analysis In Light Of Key Supreme Court Decisions, John Villasenor
JCL Online
No abstract provided.
Editors' Note, Jacques Delisle, Neysun A. Mahboubi
Editors' Note, Jacques Delisle, Neysun A. Mahboubi
University of Pennsylvania Asian Law Review
No abstract provided.
Can The Introduction Of Administrative Reconsideration Committees Help Reform China's System Of Administrative Reconsideration?, Yang Weidong
University of Pennsylvania Asian Law Review
No abstract provided.
China Can Say "No": Analyzing China's Rejection Of The South China Sea Arbitration, Isaac B. Kardon
China Can Say "No": Analyzing China's Rejection Of The South China Sea Arbitration, Isaac B. Kardon
University of Pennsylvania Asian Law Review
No abstract provided.
Why International Law Should Matter To Black Lives Matter: A Draft Petition To The Inter-American Commission On Human Rights On Behalf Of The Family Of Eric Garner, Laura Goolsby
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
What About Uncle Sam? Carving A Place For The Public Trust Doctrine In Federal Climate Litigation, Zachary L. Berliner
What About Uncle Sam? Carving A Place For The Public Trust Doctrine In Federal Climate Litigation, Zachary L. Berliner
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Sense And Nonsense About Securities Litigation, Richard A. Booth
Sense And Nonsense About Securities Litigation, Richard A. Booth
University of Pennsylvania Journal of Business Law
No abstract provided.
Claiming Design, Jeanne C. Fromer, Mark P. Mckenna
Claiming Design, Jeanne C. Fromer, Mark P. Mckenna
University of Pennsylvania Law Review
No abstract provided.
Tincher Unmasked, Frank J. Vandall
Tincher Unmasked, Frank J. Vandall
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Taking Control Rights Seriously, Robert K. Rasmussen
Taking Control Rights Seriously, Robert K. Rasmussen
University of Pennsylvania Law Review
No abstract provided.
The Rise Of Participatory Governance In China: Empirical Models, Theoretical Framework, And Institutional Analysis, Wang Xixin, Zhang Yongle
The Rise Of Participatory Governance In China: Empirical Models, Theoretical Framework, And Institutional Analysis, Wang Xixin, Zhang Yongle
University of Pennsylvania Asian Law Review
No abstract provided.
A Municipal Speech Claim Against Body Camera Video Restrictions, Matthew A. De Stasio
A Municipal Speech Claim Against Body Camera Video Restrictions, Matthew A. De Stasio
Prize Winning Papers
No abstract provided.
Smart Contracts And The Cost Of Inflexibility, Jeremy M. Sklaroff
Smart Contracts And The Cost Of Inflexibility, Jeremy M. Sklaroff
Prize Winning Papers
No abstract provided.