Law Commons^™

Regulatory Capture And The Marginalized Majority: The Case For Constitutional Protection Of The Majority's Disposable Income, Eyal Benvenisti, Amnon Morag

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Laboratories Of Democracy Reform: State Constitutions And Partisan Gerrymandering, Samuel S.-H. Wang, Richard F. Ober Jr., Ben Williams

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Environmental Policy-Making And Tribunal Decision-Making: Assessing The Scope Of Regulatory Power In International Investment Arbitration, Areta Jez

University of Pennsylvania Journal of International Law

No abstract provided.

The “Fight Song” Of International Anti-Bribery Norms And Enforcement: The Oecd Convention Implementation’S Recent Triumphs And Tragedies, Heidi Frostestad Kuehl

University of Pennsylvania Journal of International Law

No abstract provided.

Updating The Law Of Targeting For An Era Of Cyberwarfare, Benjamin Weitz

University of Pennsylvania Journal of International Law

No abstract provided.

An Exploration Of The Extractive Industries Transparency Initiative As A Model For Incorporating Collaborative Accountability Into Collective Global Governance, Jennifer J. Riter

University of Pennsylvania Journal of International Law

No abstract provided.

Attribution Of State Responsibility For Actions Or Omissions Of State- Owned Enterprises In Human Rights Matters, Judith Schönsteiner

University of Pennsylvania Journal of International Law

No abstract provided.

Bifurcation In Inter-State Cases, Xinjun Zhang

University of Pennsylvania Journal of International Law

No abstract provided.

Rethinking Active Defense: A Comparative Analysis Of Proactive Cybersecurity Policymaking, Scott Shackelford

University of Pennsylvania Journal of International Law

No abstract provided.

The Calculus Of Shareholders’ Consent: A Constitutional Economics Theory Of Corporate Charter Amendment Rules, James Si Zeng

University of Pennsylvania Journal of International Law

No abstract provided.

Toward The Personalization Of Copyright Law, Adi Libson, Gideon Parchomovsky

All Faculty Scholarship

In this Article, we provide a blueprint for personalizing copyright law in order to reduce the deadweight loss that stems from its universal application to all users, including those who would not have paid for it. We demonstrate how big data can help identify inframarginal users, who would not pay for copyrighted content, and we explain how copyright liability and remedies should be modified in such cases.

Human Rights In The Private Sphere: Corporations First, Eli Bukspan, Asa Kasher

University of Pennsylvania Journal of International Law

No abstract provided.

Market Benchmarks And Government Monopoly: The Case Of Land And Natural Resources Under Global Subsidies Regulation, Julia Y. Qin

University of Pennsylvania Journal of International Law

No abstract provided.

Conflict Classification And Cyber Operations: Gaps, Ambiguities And Fault Lines, David A. Wallace, Christopher W. Jacobs

University of Pennsylvania Journal of International Law

No abstract provided.

Discrimination And The Regional Human Rights Protection Systems: The Enigma Of Effectiveness, Rosa Celorio

University of Pennsylvania Journal of International Law

No abstract provided.

Border Adjustments For Carbon Taxes, Ppms, And The Wto, Matthew C. Porterfield

University of Pennsylvania Journal of International Law

No abstract provided.

Esg Disclosure In Comparative Perspective: Optimizing Private Ordering In Public Reporting, Virginia Harper Ho, Stephen Kim Park

University of Pennsylvania Journal of International Law

No abstract provided.

How Do You Like Me Now? Hamdan V. Rumsfeld And The Legal Justifications For Global Targeting, Shane R. Reeves, Winston Williams, Amy Mccarthy

University of Pennsylvania Journal of International Law

No abstract provided.

Redefining Law Of War In The Wake Of Gray-Zone Conflict’S Ubiquity, Shane Fischman

University of Pennsylvania Journal of International Law

No abstract provided.

Clean Energy Justice: Charting An Emerging Agenda, Shelley Welton, Joel B. Eisen

All Faculty Scholarship

The rapid transition to clean energy is fraught with potential inequities. As clean energy policies ramp up in scale and ambition, they confront challenging new questions: Who should pay for the transition? Who should live next to the industrial-scale wind and solar farms these policies promote? Will the new “green” economy be a fairer one, with more widespread opportunity, than the fossil fuel economy it is replacing? Who gets to decide what kinds of resources power our decarbonized world? In this article, we assert that it is useful to understand these challenges collectively, as part of an emerging agenda of …

The Problem Of Sunsets, Jill E. Fisch, Steven Davidoff Solomon

All Faculty Scholarship

An increasing percentage of corporations are going public with dual class stock in which the shares owned by the founders or other corporate insiders have greater voting rights than the shares sold to public investors. Some commentators have criticized the dual class structure as unfair to public investors by reducing the accountability of insiders; others have defended the value of dual class in encouraging innovation by providing founders with insulation from market pressure that enables them to pursue their idiosyncratic vision.

The debate over whether dual class structures increase or decrease corporate value is, to date, unresolved. Empirical studies have …

Reconsidering Judicial Independence: Forty Years In The Trenches And In The Tower, Stephen B. Burbank

University of Pennsylvania Law Review Online

No abstract provided.

Making Heads Or Tails Of Judicial Independence: A Response To Professor Burbank, Marjorie O. Rendell

University of Pennsylvania Law Review Online

No abstract provided.

Considering Reconsidering Judicial Independence, Charles Gardner Geyh

University of Pennsylvania Law Review Online

No abstract provided.

The Bankruptcy Firm, Vincent S.J. Buccola

University of Pennsylvania Law Review Online

No abstract provided.

The New Titans Of Wall Street: A Theoretical Framework For Passive Investors, Jill E. Fisch, Asaf Hamdani, Steven Davidoff Solomon

All Faculty Scholarship

Passive investors — ETFs and index funds — are the most important development in modern day capital markets, dictating trillions of dollars in capital flows and increasingly owning much of corporate America. Neither the business model of passive funds, nor the way that they engage with their portfolio companies, however, is well understood, and misperceptions of both have led some commentators to call for passive investors to be subject to increased regulation and even disenfranchisement. Specifically, this literature takes a narrow view both of the market in which passive investors compete to manage customer funds and of passive investors’ participation …

Central Clearing Of Financial Contracts: Theory And Regulatory Implications, Steven L. Schwarcz

University of Pennsylvania Law Review

No abstract provided.

Ineffective Assistance Of Padilla: Effectuating The Constitutional Right To Crimmigration Counsel, Greta A. Wiessner

University of Pennsylvania Law Review

No abstract provided.

School Vouchers, Special Education, And The Supreme Court, Aaron Tang

University of Pennsylvania Law Review

No abstract provided.

Digital Switzerlands, Kristen E. Eichensehr

University of Pennsylvania Law Review

No abstract provided.