Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (38)
- Arts and Humanities (24)
- Sociology (20)
- Philosophy (19)
- Law and Society (18)
-
- Jurisprudence (16)
- Economics (15)
- Public Affairs, Public Policy and Public Administration (15)
- Law and Economics (15)
- Legal History (14)
- Legal Studies (13)
- Ethics and Political Philosophy (13)
- Business (12)
- Political Science (9)
- Business Law, Public Responsibility, and Ethics (9)
- Legal Theory (8)
- Constitutional Law (8)
- Work, Economy and Organizations (8)
- Courts (7)
- Law and Politics (7)
- Business Organizations Law (7)
- Public Law and Legal Theory (6)
- Civil Rights and Discrimination (6)
- Economic Theory (6)
- Criminal Law (6)
- Race and Ethnicity (5)
- Race, Ethnicity and Post-Colonial Studies (5)
- African American Studies (4)
- Gender and Sexuality (4)
- Keyword
-
- Corporations (5)
- Constitutional Law (4)
- Politics (4)
- International Law (3)
- Chinese Law and Politics (3)
-
- Litigation (2)
- Corporate Law (2)
- Risk (2)
- Law and Society (2)
- Class Action (2)
- Administrative Law (2)
- Economics (2)
- Immigration Law (2)
- Corporate Governance (2)
- Constitutional Litigation (1)
- Chinese Studies (1)
- Civil Rights Law (1)
- Environmental Law (1)
- Judge (1)
- Courts (1)
- Jack Weinstein (1)
- Academia (1)
- Commercial Law (1)
- Consumer Protection Law (1)
- Federalism (1)
- Health Law (1)
- Insurance Law (1)
- Corporate Finance (1)
- Insurance (1)
- Civil Procedure (1)
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 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 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 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 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 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 ...
Genetic Testing, Nature, And Trust, Anita L. Allen
Genetic Testing, Nature, And Trust, Anita L. Allen
Faculty Scholarship at Penn 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 Law
No abstract provided.
Taking Boards Seriously, Jill E. Fisch
Taking Boards Seriously, Jill E. Fisch
Faculty Scholarship at Penn 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 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 ...
Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther
Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther
Faculty Scholarship at Penn 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 Law
No abstract provided.
An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery
An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery
Faculty Scholarship at Penn Law
No abstract provided.
The Utility Of Desert, Paul H. Robinson, John M. Darley
The Utility Of Desert, Paul H. Robinson, John M. Darley
Faculty Scholarship at Penn 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 Law
No abstract provided.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.
Faculty Scholarship at Penn Law
No abstract provided.
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 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 Law
No abstract provided.
Unshackling Black Motherhood, Dorothy E. Roberts
Unshackling Black Motherhood, Dorothy E. Roberts
Faculty Scholarship at Penn 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 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 Law
No abstract provided.
Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin
Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin
Faculty Scholarship at Penn Law
No abstract provided.
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
Faculty Scholarship at Penn Law
In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal ...
Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson
Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson
Faculty Scholarship at Penn 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 Law
No abstract provided.
Saints And Sinners: How Does Delaware Corporate Law Work?, Edward B. Rock
Saints And Sinners: How Does Delaware Corporate Law Work?, Edward B. Rock
Faculty Scholarship at Penn Law
No abstract provided.
Political Alchemy, The Long Transition, And Law's Promised Empire: How July 1, 1997 Matters - And Doesn't Matter - In Hong Kong's Return To China, Jacques Delisle
Political Alchemy, The Long Transition, And Law's Promised Empire: How July 1, 1997 Matters - And Doesn't Matter - In Hong Kong's Return To China, Jacques Delisle
Faculty Scholarship at Penn 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 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 ...
Questioning Philanthropy From A Corporate Governance Perspective, Jill E. Fisch
Questioning Philanthropy From A Corporate Governance Perspective, Jill E. Fisch
Faculty Scholarship at Penn 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 Law
No abstract provided.
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 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 ...