Law Commons^™

Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax

Faculty Scholarship at Penn Carey Law

The Americans with Disabilities Act (ADA) requires private employers to offer reasonable accommodation to disabled persons capable of performing the core elements of a job. Some economists have attacked the statute as ill-advised and inefficient. In examining the efficiency of the ADA, this article analyzes its cost-effectiveness against the following social and legal background conditions: First, society will honor a minimum commitment to provide basic support to persons - including the medically disabled - who, through no fault of their own, cannot earn enough to maintain a minimally decent standard of living. Second, legal and pragmatic factors, including "sticky" or …

Copyright Preemption And The Right Of Publicity, Jennifer Rothman

Faculty Scholarship at Penn Carey Law

This article addresses the conflict between an ever-expanding right of publicity and the federally guaranteed rights provided by copyright law. This conflict is highlighted in the Wendt v. Host International case in which the actors George Wendt and John Ratzenberger from Cheers used the right of publicity to prevent the show's creators from licensing the use of the Norm and Cliff characters in the decor of a chain of airport bars. Even though the licensing of the characters was explicitly allowed under copyright law, the Ninth Circuit held that the right of publicity prevented the creators from doing so. Similarly, …

The Pennsylvania Constitution's Protection Of Free Expression, Seth F. Kreimer

Faculty Scholarship at Penn Carey Law

No abstract provided.

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

Faculty Scholarship at Penn Carey Law

No abstract provided.

Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker

Faculty Scholarship at Penn Carey Law

No abstract provided.

Bounded Evaluation: Cognition, Incoherence, And Regulatory Policy, Cary Coglianese

Faculty Scholarship at Penn Carey Law

Cass Sunstein, Daniel Kahneman, David Schkade, and Ilana Ritov have recently advanced a cognitive explanation for incoherence in legal decisionmaking, showing how decision makers tend to make micro-level judgments that make little sense when viewed from a broader perspective. Among other things, they claimed to have discovered striking incoherence in regulatory policy evidenced by varied penalty levels across different statutes, with less serious violations sometimes backed up with higher penalties than more serious violations. This paper comments on Sunstein et al.'s treatment of incoherence in regulatory policy, arguing that the same cognitive limitations that Sunstein et al. argue lead to …

Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson

Faculty Scholarship at Penn Carey Law

The victims' rights movement has come into increasing influence in setting criminal justice policy. What can be said about where its influence should be heeded, and where it should not? With regard to substantive criminal law in particular, should the victims' rights movement have influence over its formulation and adjudication? The short answer, on which I'll elaborate below, is that it ought to have influence over criminal law formulation but not necessarily over criminal law adjudication. It ought to have influence over criminal law formulation because there is great benefit in formulations that track shared lay intuitions of justice, and …

The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff

Faculty Scholarship at Penn Carey Law

The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches. I begin that reexamination here. In this article, …

The Virtues Of Restorative Processes, The Vices Of "Restorative Justice", Paul H. Robinson

Faculty Scholarship at Penn Carey Law

This conference and symposium are important for their ability to make better known the great benefits in the use of restorative processes. Below I try to summarize some of the many promising achievements of those processes, by which I mean to include such practices as victim-offender mediation, sentencing circles, and family group conferences to name just the most common. While many people refer to such processes by the name "Restorative Justice," that term and its originators in fact have a more ambitious agenda than simply encouraging the use of such restorative processes. But that agenda is not one that the …

How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas

Faculty Scholarship at Penn Carey Law

No abstract provided.

Lines In The Sand: The Importance Of Borders In American Federalism, Seth F. Kreimer

Faculty Scholarship at Penn Carey Law

No abstract provided.

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

Faculty Scholarship at Penn Carey Law

No abstract provided.

Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang

Faculty Scholarship at Penn Carey Law

No abstract provided.

Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner

Faculty Scholarship at Penn Carey Law

No abstract provided.

Never Trust A Corporation, William W. Bratton

Faculty Scholarship at Penn Carey Law

No abstract provided.

An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter

Faculty Scholarship at Penn Carey Law

No abstract provided.

Liberal Ideals And Political Feasibility: Guest-Worker Programs As Second-Best Policies, Howard F. Chang

Faculty Scholarship at Penn Carey Law

No abstract provided.

When Gender Differences Become A Trap: The Impact Of China's Labor Law On Women, Charles J. Ogletree, Rangita De Silva De Alwis

Faculty Scholarship at Penn Carey Law

No abstract provided.

Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

No abstract provided.

Empirical Analysis And Administrative Law, Cary Coglianese

Faculty Scholarship at Penn Carey Law

Empirical research has been used to study many areas of law, including administrative law. In this article Professor Coglianese discusses the current and future role of empirical research in understanding and improving administrative rulemaking. Criticism of government regulation and calls for regulatory reform have grown in the last few decades. Empirical research is a valuable tool for designing reforms that will truly improve the effectiveness, efficiency, and legitimacy of regulatory governance. Specifically, Professor Coglianese discusses three areas of administrative law that have benefited from empirical research—economic review of new regulations, judicial review of agency rulemaking, and negotiated rulemaking.

Agencies are …

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

Faculty Scholarship at Penn Carey Law

No abstract provided.

Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch

Faculty Scholarship at Penn Carey Law

The lead counsel auction has attracted increasing attention. Auction advocates mgue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is …

Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Carey Law

No abstract provided.

Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Roles Of Litigation, Stephen B. Burbank

Faculty Scholarship at Penn Carey Law

No abstract provided.

Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton

Faculty Scholarship at Penn Carey Law

No abstract provided.

Uncontrollable Urges And Irrational People, Stephen J. Morse

Faculty Scholarship at Penn Carey Law

No abstract provided.

The Paradox Of Delegation: Interpreting The Federal Rules Of Civil Procedure, Catherine T. Struve

Faculty Scholarship at Penn Carey Law

No abstract provided.

How I Learned To Stop Worrying And Love The Pill: Adaptive Responses To Takeover Law, Marcel Kahan, Edward B. Rock

Faculty Scholarship at Penn Carey Law

No abstract provided.

Towards An Integrated Theory Of Intellectual Property, Gideon Parchomovsky, Peter Siegelman

Faculty Scholarship at Penn Carey Law

No abstract provided.