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Articles 1 - 17 of 17

Full-Text Articles in Law

The Pennsylvania Constitution's Protection Of Free Expression, Seth F. Kreimer Oct 2002

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

Faculty Scholarship at Penn Law

No abstract provided.


A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White Oct 2002

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

Faculty Scholarship at Penn Law

No abstract provided.


Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker Jul 2002

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

Faculty Scholarship at Penn Law

No abstract provided.


Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein Jan 2002

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea Jan 2002

Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea

Faculty Scholarship at Penn Law

This article describes important recent developments in normative law and economics, and the difficulties they create for the project of efficiency-based legal reform. After long proceeding without a well articulated moral justification for using economic decision procedures to choose legal rules, scholars have lately begun to devote serious attention to developing a philosophically attractive definition of well-being. At the same time, the empirical side of law and economics is also being enriched with an improved understanding of the complexities of individuals' decision-making behavior. That is where the problems begin. Scholars may have better, more plausible conceptions of well-being in hand ...


An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter Jan 2002

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

Faculty Scholarship at Penn Law

No abstract provided.


Lines In The Sand: The Importance Of Borders In American Federalism, Seth F. Kreimer Jan 2002

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

Faculty Scholarship at Penn Law

No abstract provided.


Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky Jan 2002

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

Faculty Scholarship at Penn Law

No abstract provided.


Liberal Ideals And Political Feasibility: Guest-Worker Programs As Second-Best Policies, Howard F. Chang Jan 2002

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

Faculty Scholarship at Penn Law

No abstract provided.


How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas Jan 2002

How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch Jan 2002

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

Faculty Scholarship at Penn 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 ...


Method And Principle In Legal Theory, Stephen R. Perry Jan 2002

Method And Principle In Legal Theory, Stephen R. Perry

Faculty Scholarship at Penn 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 Jan 2002

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 Law

No abstract provided.


Don't Abandon The Model Penal Code Yet! Thinking Through Simons's Rethinking, Kimberly Kessler Ferzan Jan 2002

Don't Abandon The Model Penal Code Yet! Thinking Through Simons's Rethinking, Kimberly Kessler Ferzan

Faculty Scholarship at Penn Law

No abstract provided.


Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr. Jan 2002

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

Faculty Scholarship at Penn Law

No abstract provided.


The Roles Of Litigation, Stephen B. Burbank Jan 2002

The Roles Of Litigation, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang Jan 2002

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

Faculty Scholarship at Penn Law

No abstract provided.