Law Commons^™

The Integration Game, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Carey Law

No abstract provided.

Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson

Faculty Scholarship at Penn Carey Law

When John Darley and I wrote Justice, Liability, and Blame: Community Views and the Criminal Law, our goal was not to provide the definitive account of lay intuitions of justice but rather to stimulate interest in what we saw as an important but long-term project that would require the work of many people. Having this American Association of Law Schools program is itself something toward that end and for that we thank Christopher Slobogin and Cheryl Hanna. In this brief introduction to the Symposium, let me set the stage by doing four things. Part I of this Article summarizes the …

Some Doubts About Argument By Hypothetical, Paul H. Robinson

Faculty Scholarship at Penn Carey Law

In his paper, Why the Successful Assassin Is More Wicked than the Unsuccessful One, Leo Katz "pick[s] up the gauntlet [Sandy] Kadish throws down" to offer a nonconsequentialist justification for giving significance to resulting harm and, in particular, to justify the common practice of punishing attempts less than the completed offense. In one sense, I may not be the ideal person to serve as critic. I am not one of those who, like Kadish and others, does not believe in the significance of resulting harm in assessing blameworthiness (people whom Katz calls the "luck- skeptics" but to whom I will …

Gender And Privacy In Cyberspace, Anita L. Allen

Faculty Scholarship at Penn Carey Law

No abstract provided.

Publish Or Perish, Gideon Parchomovsky

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Possibility Of A Fair Paretian, Howard F. Chang

Faculty Scholarship at Penn Carey Law

No abstract provided.

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Futures Problem, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Carey Law

Perhaps the most difficult problem in addressing mass torts is that of future claimants. "Futures" are those who do not now have claims, because injury has not been sufficiently manifested, but who may well have claims in the future. The Supreme Court's decisions in Amchem and Ortiz appear to have foredoomed any procedural mechanism by which to resolve future claims. This, in turn, will leave defendants in mass tort cases with greatly reduced incentives to participate in mass settlement. That implication makes the possibility of reforms in substantive law perhaps more attractive. In addition, these decisions invite further questions about …

The Real Separation In Separation Of Powers Law, Elizabeth Magill

Faculty Scholarship at Penn Carey Law

This Article argues that contemporary separation of powers commentary is misconceived. Despite the disagreement that dominates the commentary, a closer look at that debate reveals a surprise: commentators subscribe to a consensus about separation of powers. Once exposed, however, that consensus turns out to be underdeveloped, confused, and possibly incoherent. This Article, first, identifies the latent consensus about separation of powers, and, second, critically examines the consensus. The Article argues that the present consensus must be abandoned or refashioned in some as-yet-undeveloped way.

Separation of powers commentary is conventionally thought to be dominated by a contest between adherents of "formalist" …

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

Faculty Scholarship at Penn Carey Law

No abstract provided.

Expressive Law And Oppressive Norms: A Comment On Richard Mcadams's "A Focal Point Theory Of Expressive Law", Amy L. Wax

Faculty Scholarship at Penn Carey Law

No abstract provided.

Globalization And The Design Of International Institutions, Cary Coglianese

Faculty Scholarship at Penn Carey Law

In an increasingly globalized world, international rules and organizations have grown ever more crucial to the resolution of major economic and social concerns. How can leaders design international institutions that will effectively solve global regulatory problems? This paper confronts this question by presenting three major types of global problems, distinguishing six main categories of institutional forms that can be used to address these problems, and showing how the effectiveness of international institutions depends on achieving “form-problem” fit. Complicating that fit will be the tendency of nation states to prefer institutional forms that do little to constrain their sovereignty. Yet the …

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

Faculty Scholarship at Penn Carey Law

No abstract provided.

Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts

Faculty Scholarship at Penn Carey Law

No abstract provided.

Foreword: Causes And Limits Of Pessimism, Stephen B. Burbank

Faculty Scholarship at Penn Carey Law

No abstract provided.

Lockups And Delaware Venue In Corporate Law And Bankruptcy, David A. Skeel Jr.

Faculty Scholarship at Penn Carey Law

No abstract provided.

Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Five Worst (And Five Best) American Criminal Codes, Paul H. Robinson, Michael T. Cahill, Usman Mohammad

Faculty Scholarship at Penn Carey Law

Each American jurisdiction has a criminal code. Most jurisdictions have substantially restructured and improved their codes since 1962, when the American Law Institute first promulgated its Model Penal Code. Such reform efforts are worthwhile, especially in criminal law, because many advantages flow from the thoughtful codification of criminal law rules. By compiling all criminal rules in a single comprehensive source, codification makes access to these rules easier, increasing the chance that citizens will know what the criminal law commands. A codified rule has the advantage of increased precision, which is likely to increase the uniformity of its application. Uncodified rules--or, …

The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts

Faculty Scholarship at Penn Carey Law

No abstract provided.

When The Rule Swallows The Exception, Claire Oakes Finkelstein

Faculty Scholarship at Penn Carey Law

No abstract provided.

Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang

Faculty Scholarship at Penn Carey Law

No abstract provided.

A Comprehensive Wealth Tax, David Shakow, Reed Shuldiner

Faculty Scholarship at Penn Carey Law

No abstract provided.

Understanding Lockups: Effects In Bankruptcy And The Market For Corporate Control, Kermit Roosevelt Iii

Faculty Scholarship at Penn Carey Law

No abstract provided.

Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter

Faculty Scholarship at Penn Carey Law

No abstract provided.

Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts

Faculty Scholarship at Penn Carey Law

No abstract provided.

Structuring Criminal Codes To Perform Their Function, Paul H. Robinson

Faculty Scholarship at Penn Carey Law

No abstract provided.

Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton

Faculty Scholarship at Penn Carey Law

No abstract provided.