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Articles 31 - 60 of 8519
Full-Text Articles in Law
Sanctions And The Emergency Constitutions, Aditya Bamzai
Sanctions And The Emergency Constitutions, Aditya Bamzai
University of Pennsylvania Law Review
The Trading with the Enemy Act of 1917—or the “TWEA”—is the precursor to the modern statutory sanctions framework of the United States. Though significantly amended since its passage—and even replaced in part by a successor statute, the International Emergency Economic Powers Act of 1977—the TWEA’s origins are important both to an understanding of modern sanctions law and to an understanding of the development of American governance. In enacting the TWEA, Congress sought to codify aspects of preexisting prize and trading-with-the-enemy cases. This Article explores the cases that formed the backdrop against which Congress enacted the TWEA, as well as relevant …
Economic Security And The Separation Of Powers, Kathleen Claussen, Timothy Meyer
Economic Security And The Separation Of Powers, Kathleen Claussen, Timothy Meyer
University of Pennsylvania Law Review
The U.S. Constitution grants Congress the power “[t]o regulate Commerce with foreign Nations,” but today the exercise of the foreign commerce power resides primarily with the executive branch. That transfer of control is partly the result of significant delegations of responsibility for managing foreign commerce from Congress to the executive. It is also, however, the result of the securitization of foreign commerce. The executive branch asserts that foreign commerce issues fall under its constitutional powers over foreign affairs, and, thus, that it enjoys authority over foreign commerce that exceeds the scope of congressional delegations.
This Article makes three contributions. First, …
The President's Authority Over Cross-Border Data Flows, Anupam Chander, Paul M. Schwartz
The President's Authority Over Cross-Border Data Flows, Anupam Chander, Paul M. Schwartz
University of Pennsylvania Law Review
This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because of the information flows that they entail. Such authority is grounded in laws focused on protecting national security, here with respect to foreign surveillance and propaganda. But broad executive powers over our information infrastructure raises significant concerns with respect to core American values of free expression and due process. Worries about unfettered foreign access to data should be coupled with worries about unfettered executive control over our information services and technologies.
(Sub)Delegating National Security Powers, Ashley Deeks
(Sub)Delegating National Security Powers, Ashley Deeks
University of Pennsylvania Law Review
The President sometimes delegates important constitutional and statutory powers to use force or conduct other national security operations. Although these delegations are understudied, there may be reason for concern. Sometimes the President’s national security subdelegations have been unfaithful to Congress’s strictures. Sometimes the delegations are high stakes, as where President Eisenhower delegated to seven military officials the authority to launch nuclear weapons. Presidents sometimes even resist seemingly reasonable statutory limits on the power to delegate decisions that could lead the United States into armed conflict.
National security delegations can be costly. They may diffuse political accountability for high-stakes decisions. The …
T.L.O. Goes Home: Remote Learning And The Future Of School Search Doctrine After Ogletree V. Cleveland State University, William Mcdonald
T.L.O. Goes Home: Remote Learning And The Future Of School Search Doctrine After Ogletree V. Cleveland State University, William Mcdonald
University of Pennsylvania Law Review
The Supreme Court has not addressed the relationship between searches by school administrators and a student’s Fourth Amendment rights in over two decades. Since then, remote learning and other advances in educational technology have changed the meaning of the “school environment.” In a recent federal district court case in Ohio, the court held that a public university’s remote examination policy, which required a student to conduct a scan of her own bedroom before beginning a remote exam, violated the student’s Fourth Amendment rights. This Comment argues that the previous school search Supreme Court cases offer poor tests for this new …
The Organs Of U.S. Foreign Affairs, Jean Galbraith
The Organs Of U.S. Foreign Affairs, Jean Galbraith
University of Pennsylvania Law Review
In United States v. Curtiss-Wright Export Corporation, the Supreme Court famously described the President as having “very delicate, plenary and exclusive power . . . as the sole organ of the federal government in the field of international relations . . . .” Its description of the President as the “sole organ” of foreign affairs does not come from the text of the Constitution, but rather from a speech given by John Marshall in 1800. Yet somehow, and despite much debunking, this notion of the President as the “sole organ” of foreign affairs has become a firm fixture of our …
Debt Textualism And Creditor-On-Creditor Violence: A Modest Plea To Keep The Faith, Eric Talley, Sneha Pandya
Debt Textualism And Creditor-On-Creditor Violence: A Modest Plea To Keep The Faith, Eric Talley, Sneha Pandya
University of Pennsylvania Law Review
No abstract provided.
Facing Contracting Issues:The Psychological And Financial Impacts Of Facebook Outsourcing Content Moderation, Chloé Nurik
Facing Contracting Issues:The Psychological And Financial Impacts Of Facebook Outsourcing Content Moderation, Chloé Nurik
University of Pennsylvania Law Review
No abstract provided.
Financial Disequilibrium, Samir Parikh
Financial Disequilibrium, Samir Parikh
University of Pennsylvania Law Review
No abstract provided.
Law And Courts In An Age Of Debt, Jared A. Ellias, Elisabeth De Fontenay
Law And Courts In An Age Of Debt, Jared A. Ellias, Elisabeth De Fontenay
University of Pennsylvania Law Review
No abstract provided.
Private Equity For The People, Christina Parajon Skinner
Private Equity For The People, Christina Parajon Skinner
University of Pennsylvania Law Review
No abstract provided.
The Anti-Tenancy Doctrine, Sarah Schindler, Kellen Zale
The Anti-Tenancy Doctrine, Sarah Schindler, Kellen Zale
University of Pennsylvania Law Review
No abstract provided.
“We Fight Like Hell”: A Framework For Safeguarding Political Intimidation Statutes Against First Amendment Challenges, Anna D. Stillman
“We Fight Like Hell”: A Framework For Safeguarding Political Intimidation Statutes Against First Amendment Challenges, Anna D. Stillman
University of Pennsylvania Law Review
No abstract provided.
Disaggregating State Bankruptcy, Michael A. Francus
Disaggregating State Bankruptcy, Michael A. Francus
University of Pennsylvania Law Review
No abstract provided.
Privatization, Public Commons, And The Takingsification Of Environmental Law, Erin Ryan
Privatization, Public Commons, And The Takingsification Of Environmental Law, Erin Ryan
University of Pennsylvania Law Review
No abstract provided.
Submerged Independent Agencies, Brian D. Feinstein, Jennifer Nou
Submerged Independent Agencies, Brian D. Feinstein, Jennifer Nou
University of Pennsylvania Law Review
No abstract provided.
Negotiating Legitimacy: An Evaluation Of The Negotiation Class Proposal, Camila Bayly
Negotiating Legitimacy: An Evaluation Of The Negotiation Class Proposal, Camila Bayly
University of Pennsylvania Law Review
No abstract provided.
Publicizing Corporate Secrets, Christopher J. Morten
Publicizing Corporate Secrets, Christopher J. Morten
University of Pennsylvania Law Review
No abstract provided.
The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor G. Gardner
The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor G. Gardner
University of Pennsylvania Law Review
No abstract provided.
Campus Policing And Police Reform, A.W. Geisel
Campus Policing And Police Reform, A.W. Geisel
University of Pennsylvania Law Review
No abstract provided.
End To "Unincorporated Territory": The Pseudonym For Puerto Rico's Second-Class Citizenship, Carolina Tirú Vega
End To "Unincorporated Territory": The Pseudonym For Puerto Rico's Second-Class Citizenship, Carolina Tirú Vega
University of Pennsylvania Law Review
No abstract provided.
Efficacious Answers To The Non-Pro Rata Workout, Vincent Buccola
Efficacious Answers To The Non-Pro Rata Workout, Vincent Buccola
University of Pennsylvania Law Review
No abstract provided.
Hidden Value Transfers In Public Utilities, Aneil Kovvali, Joshua Macey
Hidden Value Transfers In Public Utilities, Aneil Kovvali, Joshua Macey
University of Pennsylvania Law Review
No abstract provided.
How Relational Contracting Can Address Medicaid Long-Term Care’S Accountability Crisis, Lukas Gemar
How Relational Contracting Can Address Medicaid Long-Term Care’S Accountability Crisis, Lukas Gemar
University of Pennsylvania Law Review
No abstract provided.
Defending Esg: A New Standard Of Review For Defensive Measuresthat Impact Esg Ratings, Nicole R. Hovatter
Defending Esg: A New Standard Of Review For Defensive Measuresthat Impact Esg Ratings, Nicole R. Hovatter
University of Pennsylvania Law Review
No abstract provided.
Ordinary Meaning And Ordinary People, Kevin Tobia, Brian G. Slocum, Victoria Nourse
Ordinary Meaning And Ordinary People, Kevin Tobia, Brian G. Slocum, Victoria Nourse
University of Pennsylvania Law Review
No abstract provided.
Unfair By Default: Arbitration’S Reverse Default Judgment Problem, Alexi Pfeffer-Gillett
Unfair By Default: Arbitration’S Reverse Default Judgment Problem, Alexi Pfeffer-Gillett
University of Pennsylvania Law Review
No abstract provided.
Abstaining From Abstention: Why Younger Abstention Does Not Apply In 42 U.S.C. § 1983 Bail Litigation, Alezeh Rauf
Abstaining From Abstention: Why Younger Abstention Does Not Apply In 42 U.S.C. § 1983 Bail Litigation, Alezeh Rauf
University of Pennsylvania Law Review
No abstract provided.
Restoration, Retribution, And Sexual Assault: The Value Of Apologies, Kristen M. Marino
Restoration, Retribution, And Sexual Assault: The Value Of Apologies, Kristen M. Marino
University of Pennsylvania Law Review
Winner of THE 2023 HENRY C. LOUGHLIN PRIZE, to the student writing the best paper on legal ethics.
The Indecisions Of 1789: Inconstant Originalism And Strategic Ambiguity, Jed H. Shugerman
The Indecisions Of 1789: Inconstant Originalism And Strategic Ambiguity, Jed H. Shugerman
University of Pennsylvania Law Review
No abstract provided.