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Articles 1 - 30 of 44
Full-Text Articles in Law
Almost Everybody Disagrees Almost All The Time: The Genericity Of Weakly Merging Nowhere, Ronald I. Miller, Chris William Sanchirico
Almost Everybody Disagrees Almost All The Time: The Genericity Of Weakly Merging Nowhere, Ronald I. Miller, Chris William Sanchirico
Faculty Scholarship at Penn Carey Law
Suppose we randomly pull two agents from a population and ask them to observe an unfolding, infinite sequence of zeros and ones. If each agent starts with a prior belief about the true sequence and updates this belief on revelation of successive observations, what is the chance that the two agents will come to agree on the likelihood that the next draw is a one? In this paper we show that there is no chance. More formally, we show that under a very unrestrictive definition of what it means to draw priors “randomly,” the probability that two priors have any …
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
No abstract provided.
Product Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll
Product Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer
The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer
Faculty Scholarship at Penn Carey Law
No abstract provided.
Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese
Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese
Faculty Scholarship at Penn Carey Law
Over its thirteen year history, the negotiated rulemaking process has yielded only thirty-five final administrative rules. By comparison, the federal government publishes over 3,000 final rules each year through the ordinary notice-and- comment process. Why have federal agencies relied so little on negotiated rulemaking? I examine this question by assessing the impact of negotiating rulemaking on its two major purposes: (1) reducing rulemaking time; and (2) decreasing the amount of litigation over agency rules. My analysis suggests that the asserted problems used to justify negotiated rulemaking have been overstated and that the limitations of negotiated rulemaking have been understated. Negotiated …
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.
Genetic Testing, Nature, And Trust, Anita L. Allen
Genetic Testing, Nature, And Trust, Anita L. Allen
Faculty Scholarship at Penn Carey Law
No abstract provided.
Dividends, Noncontractibility, And Corporate Law, William W. Bratton
Dividends, Noncontractibility, And Corporate Law, William W. Bratton
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Bomb Thief And The Theory Of Justification, Paul H. Robinson
The Bomb Thief And The Theory Of Justification, Paul H. Robinson
Faculty Scholarship at Penn Carey Law
No abstract provided.
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo
The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo
Faculty Scholarship at Penn Carey Law
Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …
Conflicts And Defense Lawyers: From Triangles To Tetrahedrons, Tom Baker
Conflicts And Defense Lawyers: From Triangles To Tetrahedrons, Tom Baker
Faculty Scholarship at Penn Carey Law
No abstract provided.
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
No abstract provided.
Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff
Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii
The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii
Faculty Scholarship at Penn Carey Law
106 Yale L. J. 1233 (1997)
The Courtroom As Classroom: Independence, Imagination And Ideology In The Work Of Jack Weinstein, Stephen B. Burbank
The Courtroom As Classroom: Independence, Imagination And Ideology In The Work Of Jack Weinstein, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
This Article explores influences that have shaped Judge Weinstein's judicial behavior. The author argues that Weinstein's conception of the judicial role has been influenced in significant respects by his career as a law professor. Tracing continuities and discontinuities between the roles of a professor and a trial judge, the author concludes that Judge Weinstein manifests both the desire for intellectual autonomy and the consequent lack of regard for institutional accountability that are characteristic of the former role. The Article then seeks to evaluate the judge-centered approach to judicial independence it imputes to Judge Weinstein. The author contends that the desire …
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
Faculty Scholarship at Penn Carey Law
No abstract provided.
Comment On Maccormick, William Ewald
Comment On Maccormick, William Ewald
Faculty Scholarship at Penn Carey Law
No abstract provided.
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
Faculty Scholarship at Penn Carey Law
No abstract provided.
Hong Kong's Endgame And The Rule Of Law (I): The Struggle Over Institutions And Values In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane
Hong Kong's Endgame And The Rule Of Law (I): The Struggle Over Institutions And Values In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane
Faculty Scholarship at Penn Carey Law
No abstract provided.
Two Models Of Legal Principles, Stephen R. Perry
Two Models Of Legal Principles, Stephen R. Perry
Faculty Scholarship at Penn Carey Law
No abstract provided.
Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer
Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer
Faculty Scholarship at Penn Carey Law
Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.
The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during …
Taking Boards Seriously, Jill E. Fisch
Taking Boards Seriously, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
No abstract provided.
Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky
Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky
Faculty Scholarship at Penn Carey Law
No abstract provided.
Spiritual And Menial Housework, Dorothy E. Roberts
Spiritual And Menial Housework, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts
The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson
The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson
Faculty Scholarship at Penn Carey Law
No abstract provided.
Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr.
Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr.
The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
Faculty Scholarship at Penn Carey Law
No abstract provided.