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Full-Text Articles in Law

The Residency Match: Competitive Restraints In An Imperfect World, Kristin Madison Oct 2005

The Residency Match: Competitive Restraints In An Imperfect World, Kristin Madison

Faculty Scholarship at Penn Law

Several years ago physicians filed a lawsuit alleging that “the match,” the more than fifty-year-old system by which medical students and other applicants are assigned to medical residency programs, violates Section 1 of the Sherman Act. Last year, without hearings or substantive debate on the issue, Congress found that the match was “highly efficient” and “pro-competitive” and granted a retroactive antitrust exemption for its operation. These seemingly incompatible views invite further analysis of the merits of the residency match from the perspective of public policy. This article considers the arguments of match advocates and critics, evaluating both theoretical models and ...


Against 'Individual Risk': A Sympathetic Critique Of Risk Assessment, Matthew D. Adler Mar 2005

Against 'Individual Risk': A Sympathetic Critique Of Risk Assessment, Matthew D. Adler

Faculty Scholarship at Penn Law

"Individual risk" currently plays a major role in risk assessment and in the regulatory practices of the health and safety agencies that employ risk assessment, such as EPA, FDA, OSHA, NRC, CPSC, and others. Risk assessors use the term "population risk" to mean the number of deaths caused by some hazard. By contrast, "individual risk" is the incremental probability of death that the hazard imposes on some particular person. Regulatory decision procedures keyed to individual risk are widespread. This is true both for the regulation of toxic chemicals (the heartland of risk assessment), and for other health hazards, such as ...


Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang Jan 2005

Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Privatization And Punishment In The New Era Of Reprogenetics, Dorothy E. Roberts Jan 2005

Privatization And Punishment In The New Era Of Reprogenetics, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Medical Malpractice And The Insurance Underwriting Cycle, Tom Baker Jan 2005

Medical Malpractice And The Insurance Underwriting Cycle, Tom Baker

Faculty Scholarship at Penn Law

No abstract provided.


Admitting Mental Health Evidence To Impeach The Credibility Of A Sexual Assault Complainant, Tess Wilkinson-Ryan Jan 2005

Admitting Mental Health Evidence To Impeach The Credibility Of A Sexual Assault Complainant, Tess Wilkinson-Ryan

Faculty Scholarship at Penn Law

No abstract provided.