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Full-Text Articles in Law

Almost Everybody Disagrees Almost All The Time: The Genericity Of Weakly Merging Nowhere, Ronald I. Miller, Chris William Sanchirico Nov 1997

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 Oct 1997

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 Oct 1997

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 Jul 1997

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 Apr 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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. Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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. Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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. Jan 1997

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 Jan 1997

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 ...