Law Commons^™

The Integration Game, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

No abstract provided.

Interview With Arthur Makadon, Marjorie A. George, Arthur Makadon, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Arthur Makadon (L '68) was a major figure in the Philadelphia bar and in Philadelphia politics. Most of his legal career was spent at Ballard Spahr, where he served as chair from 2002 to 2011. The Arthur Makadon Appellate Advocacy Program at the Law School was established in his honor by Ballard Spahr. He died in 2013.

Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson

All Faculty Scholarship

When John Darley and I wrote Justice, Liability, and Blame: Community Views and the Criminal Law, our goal was not to provide the definitive account of lay intuitions of justice but rather to stimulate interest in what we saw as an important but long-term project that would require the work of many people. Having this American Association of Law Schools program is itself something toward that end and for that we thank Christopher Slobogin and Cheryl Hanna. In this brief introduction to the Symposium, let me set the stage by doing four things. Part I of this Article summarizes the …

Gender And Privacy In Cyberspace, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Interview With Lita Indzel Cohen, Simi B. Kaplan, Lita Indzel Cohen, Legal Oral History Porject, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Lita Indzel Cohen (L '65) represented the 148th district in the Pennsylvania House of Representatives from 1991 until 2003. Before that she was the first woman to theto the Lower Merion Township Planning Commission and served for eight years on the Lower Merion Township Commission..

Interview With Myer "Mike" Feldman, Meredith Coleman, Myer Feldman, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Myer Feldman (L '38) worked for the Securities and Exchange Commission and the Senate Banking and Currency Committee before serving as a senior adviser to the Kennedy and Johnson campaigns and administrations. He continued to be active in Democratic politics after leaving government service for private practice in 1965. He died in 2007.

Interview With Michele Tuck-Ponder, Diankha Warren, Michele Tuck-Ponder, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Michele Tuck-Ponder (L '83) has held many positions in law, government, education, media relaions, and the non-profit sector. From 1995 to 1997 she served as mayor of Princeton, New Jersey.

Publish Or Perish, Gideon Parchomovsky

All Faculty Scholarship

No abstract provided.

Copyright And Democracy: A Cautionary Note, Christopher S. Yoo

All Faculty Scholarship

Democratic theories of copyright have become quite the rage in recent years. A growing number of commentators have offered their views on the relationship between copyright law and the process of self-governance.' No scholar has been more committed to developing this perspective than Neil Netanel. In an important series of articles, Netanel has pursued a powerful and innovative project that attempts to reexamine copyright through the lens of democratic theory. His core concern is that the concentration of private wealth and power in communications and mass media is creating unprecedented disparities in the ability to be heard. The ""speech hierarchy"" …

Vern Countryman And The Path Of Progressive (And Populist) Bankruptcy Scholarship, David A. Skeel Jr.

All Faculty Scholarship

Throughout the 1960s and 1970s, Vern Countryman was the leading progressive bankruptcy scholar - and in fact the leading bankruptcy scholar of any perspective. This article explores the links between Countryman's work and that of his New Deal predecessors, on the one hand, and his successors, on the other. In addition to Countryman himself, the article focuses on William Douglas, who was Countryman's predecessor and mentor, as well as being the leading bankruptcy scholar of the New Deal. Among Countryman's successors, the article focuses on the work of Elizabeth Warren, Countryman's successor at Harvard Law School and the nation's leading …

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Globalization And The Design Of International Institutions, Cary Coglianese

All Faculty Scholarship

In an increasingly globalized world, international rules and organizations have grown ever more crucial to the resolution of major economic and social concerns. How can leaders design international institutions that will effectively solve global regulatory problems? This paper confronts this question by presenting three major types of global problems, distinguishing six main categories of institutional forms that can be used to address these problems, and showing how the effectiveness of international institutions depends on achieving “form-problem” fit. Complicating that fit will be the tendency of nation states to prefer institutional forms that do little to constrain their sovereignty. Yet the …

Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax

All Faculty Scholarship

No abstract provided.

Expressive Law And Oppressive Norms: A Comment On Richard Mcadams's "A Focal Point Theory Of Expressive Law", Amy L. Wax

All Faculty Scholarship

No abstract provided.

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton

All Faculty Scholarship

No abstract provided.

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Why Does The Criminal Law Care What The Layperson Thinks Is Just? Coercive Versus Normative Crime Control, Paul H. Robinson

All Faculty Scholarship

THE criminal law codification movement of the 1960s and 70s was guided by instrumentalist principles designed to reduce crime, rather than by retributivist notions of giving offenders deserved punishment. The Model Penal Code, which served as a model for nearly all of the period's code reforms, was explicit on the point: The Code's "dominant theme is the prevention of offenses" and its "major goal is to forbid and prevent conduct that threatens substantial harm." Yet, as Part I of this Article will show, even from such a staunchly instrumentalist code came a criminal law that defers to laypersons' shared intuitions …

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz

All Faculty Scholarship

No abstract provided.

Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

All Faculty Scholarship

No abstract provided.

Knowledge About Welfare: Legal Realism And The Separation Of Law And Economics, Herbert J. Hovenkamp

All Faculty Scholarship

The welfare state could not function without judgments about how well off its citizens are. For example, governments devise progressive income taxes, which are designed to capture more wealth from the well off and less from the impecunious. These policies presume an ability to take a manageable amount of information about an individual's income or assets and make judgments about her welfare. In fact, people do this all the time, mostly without thinking about the methodological problems involved.

The superficial casualness of our daily observations about welfare belies the state of the economic science of welfare measurement. Economists have attempted …

A Comprehensive Wealth Tax, David Shakow, Reed Shuldiner

All Faculty Scholarship

Income, consumption, and wealth are all possible bases for a tax system in the United States. Scholars have specified the structure of income tax and consumption taxes, but no one has attempted to describe in detail a comprehensive wealth tax for the United States. In this paper, we begin to develop such a structure. In particular, we hypothesize that the combination of a flat rate tax on networth and a flat rate tax on earned income along with an appropriate level of exemptions, could be an attractive tax base. In order to explore the structure of a wealth tax, we …

Corporate Law As A Facilitator Of Self Governance, Edward B. Rock, Michael L. Wachter

All Faculty Scholarship

No abstract provided.

The Peculiar Role Of The Delaware Courts In The Competition For Corporate Charters, Jill E. Fisch

All Faculty Scholarship

From the classic Cary-Winter debate to current legal scholarship, commentators have struggled to explain Delaware's dominance in the market for corporate charters. Although scholars have offered nonsubstantive explanations such as network externalities, interest group dynamics, and Delaware's expert and specialized judiciary, much of the debate focuses on substantive law. This article takes another view. Arguing that a regulator can offer benefits through its lawmaking process, as well as its legal rules, the article suggests a process-oriented analysis of regulatory competition. The article focuses on the unique role of the Delaware judiciary in corporate lawmaking, a role that has received little …

Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.