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Articles 1 - 30 of 41
Full-Text Articles in Law
Freedom Of Speech And True Threats, Jennifer Rothman
Freedom Of Speech And True Threats, Jennifer Rothman
Faculty Scholarship at Penn Carey Law
This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.
Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.
The law surrounding threats has gained recent …
Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White
Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith
The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith
Faculty Scholarship at Penn Carey Law
Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the "ex ante" function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states …
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
No abstract provided.
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
Faculty Scholarship at Penn Carey Law
No abstract provided.
Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson
Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson
Faculty Scholarship at Penn Carey Law
Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator" statutes provide …
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Faculty Scholarship at Penn Carey Law
No abstract provided.
Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese
Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese
Faculty Scholarship at Penn Carey Law
For many years, advocates of negotiated rulemaking have advanced enthusiastic claims about how negotiated rulemaking would reduce litigation and shorten the rulemaking process. In an earlier study, I tested these claims systematically by assessing the effectiveness of negotiated rulemaking against existing rulemaking processes. I found that negotiated rulemaking neither saves time nor reduces litigation. Recently, Philip Harter, a longtime advocate of negotiated rulemaking, has criticized my study and asserted that negotiated rulemaking has succeeded remarkably in achieving its goals. Harter criticized the way I measured the length of the rulemaking process, claimed that I failed to appreciate differences in litigation, …
Two Observations On Holocaust Claims, William W. Bratton
Two Observations On Holocaust Claims, William W. Bratton
Faculty Scholarship at Penn Carey Law
No abstract provided.
Criminal Law Scholarship: Three Illusions, Paul H. Robinson
Criminal Law Scholarship: Three Illusions, Paul H. Robinson
Faculty Scholarship at Penn Carey Law
The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of …
Takings Reassessed, Abraham Bell, Gideon Parchomovsky
Takings Reassessed, Abraham Bell, Gideon Parchomovsky
Faculty Scholarship at Penn Carey Law
No abstract provided.
On Insider Trading, Markets, And "Negative" Property Rights In Information, Zohar Goshen, Gideon Parchomovsky
On Insider Trading, Markets, And "Negative" Property Rights In Information, Zohar Goshen, Gideon Parchomovsky
Faculty Scholarship at Penn Carey Law
No abstract provided.
Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Faculty Scholarship at Penn Carey Law
No abstract provided.
Islands Of Conscious Power: Law, Norms, And The Self-Governing Corporation, Edward B. Rock, Michael L. Wachter
Islands Of Conscious Power: Law, Norms, And The Self-Governing Corporation, Edward B. Rock, Michael L. Wachter
Faculty Scholarship at Penn Carey Law
No abstract provided.
Making Progress The Old-Fashioned Way, Stephen B. Burbank
Making Progress The Old-Fashioned Way, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
What's So Bad About Delaware?, David A. Skeel Jr.
What's So Bad About Delaware?, David A. Skeel Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
Social Movements, Law, And Society: The Institutionalization Of The Environmental Movement, Cary Coglianese
Social Movements, Law, And Society: The Institutionalization Of The Environmental Movement, Cary Coglianese
Faculty Scholarship at Penn Carey Law
No abstract provided.
Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch
Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
No abstract provided.
Givings, Abraham Bell, Gideon Parchomovsky
Givings, Abraham Bell, Gideon Parchomovsky
Faculty Scholarship at Penn Carey Law
No abstract provided.
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
No abstract provided.
Two Men On A Plank, Claire Oakes Finkelstein
Two Men On A Plank, Claire Oakes Finkelstein
Faculty Scholarship at Penn Carey Law
No abstract provided.
Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi
Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi
Faculty Scholarship at Penn Carey Law
No abstract provided.
Conflict Of Rights And The Outbreak Of The First World War, Leo Katz
Conflict Of Rights And The Outbreak Of The First World War, Leo Katz
Faculty Scholarship at Penn Carey Law
No abstract provided.
Technologies Of Protest: Insurgent Social Movements And The First Amendment In The Era Of The Internet, Seth F. Kreimer
Technologies Of Protest: Insurgent Social Movements And The First Amendment In The Era Of The Internet, Seth F. Kreimer
Faculty Scholarship at Penn Carey Law
No abstract provided.
Shaming In Corporate Law, David A. Skeel Jr.
Shaming In Corporate Law, David A. Skeel Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
What's So Special About American Law?, William Ewald
What's So Special About American Law?, William Ewald
Faculty Scholarship at Penn Carey Law
No abstract provided.
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perpsective, Serena Mayeri
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perpsective, Serena Mayeri
Faculty Scholarship at Penn Carey Law
No abstract provided.
Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen
Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen
Faculty Scholarship at Penn Carey Law
No abstract provided.
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Lawyer As Confidence-Man, David A. Skeel Jr.
The Lawyer As Confidence-Man, David A. Skeel Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.