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Articles 1 - 27 of 27
Full-Text Articles in Law
A Primer On Prejudgment Interest, Michael S. Knoll
A Primer On Prejudgment Interest, Michael S. Knoll
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts
The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.
"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon
"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
Faculty Scholarship at Penn Carey Law
No abstract provided.
On The Genealogy Of Moral Hazard, Tom Baker
On The Genealogy Of Moral Hazard, Tom Baker
Faculty Scholarship at Penn Carey Law
No abstract provided.
Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp
Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp
Faculty Scholarship at Penn Carey Law
The Senate hearings considering Elena Kagan’s Supreme Court nomination called new attention to the Constitution's Commerce Clause. That concern might seem odd, given the typical lack of strong grassroots concern over the commerce power. But the 2010 election year is different. One characteristic of the largely conservative "Tea Party" movement is a wish to roll back Constitutional time to the regime envisioned by its founders. As the New York Times reported in early July, 2010, members of the movement believe that the “commerce clause in particular has been pushed beyond recognition.” Members of the movement imagine that Congressional power over …
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
Faculty Scholarship at Penn Carey Law
No abstract provided.
Biology, Justice, And Women's Fate, Dorothy E. Roberts
Biology, Justice, And Women's Fate, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter
The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter
Faculty Scholarship at Penn Carey Law
No abstract provided.
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
Brain And Blame, Stephen J. Morse
Brain And Blame, Stephen J. Morse
Faculty Scholarship at Penn Carey Law
No abstract provided.
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
Faculty Scholarship at Penn Carey Law
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (each litigant bears its own litigation expenses) nor the British rule (the losing litigant pays the attorneys' fees of the winning litigant) would induce optimal decisions to bring suit. Plaintiffs may bring frivolous suits when litigation costs are small relative to the amount at stake; plaintiffs may not bring meritorious suits when litigation costs are large relative to this amount. More general fee-shifting rules are based not only on the identity of the winning party but also on how strong the court perceives the case to …
Race And The New Reproduction, Dorothy E. Roberts
Race And The New Reproduction, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
Faculty Scholarship at Penn Carey Law
No abstract provided.
Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts
Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
Faculty Scholarship at Penn Carey Law
No abstract provided.
Principled Silence, Tobias Barrington Wolff
Principled Silence, Tobias Barrington Wolff
Faculty Scholarship at Penn Carey Law
No abstract provided.
Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax
Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax
The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax
Faculty Scholarship at Penn Carey Law
No abstract provided.
Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax
Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax
Faculty Scholarship at Penn Carey Law
No abstract provided.
Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer
Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein
The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein
Faculty Scholarship at Penn Carey Law
No abstract provided.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
Faculty Scholarship at Penn Carey Law
No abstract provided.
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
Faculty Scholarship at Penn Carey Law
No abstract provided.
Of Chinese Walls, Battering Rams, And Building Permits: Five Lessons About International Economic Law From Sino-U.S. Trade And Investment Relations, Jacques Delisle
Of Chinese Walls, Battering Rams, And Building Permits: Five Lessons About International Economic Law From Sino-U.S. Trade And Investment Relations, Jacques Delisle
Faculty Scholarship at Penn Carey Law
No abstract provided.
A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts
A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.