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Articles 1 - 19 of 19

Full-Text Articles in Law

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White Jul 2001

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith Jun 2001

The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith

Faculty Scholarship at Penn Law

Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the "ex ante" function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states (Wisconsin ...


Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch Apr 2001

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Berle And Means Reconsidered At The Century's Turn, William W. Bratton Apr 2001

Berle And Means Reconsidered At The Century's Turn, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson Mar 2001

Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson

Faculty Scholarship at Penn Law

Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator ...


Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen Jan 2001

Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts Jan 2001

Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Technologies Of Protest: Insurgent Social Movements And The First Amendment In The Era Of The Internet, Seth F. Kreimer Jan 2001

Technologies Of Protest: Insurgent Social Movements And The First Amendment In The Era Of The Internet, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Shaming In Corporate Law, David A. Skeel Jr. Jan 2001

Shaming In Corporate Law, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas Jan 2001

Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


A Reciprocal Welfare Program, Amy L. Wax Jan 2001

A Reciprocal Welfare Program, Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.


Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider Jan 2001

Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider

Faculty Scholarship at Penn Law

No abstract provided.


Criminal Law Scholarship: Three Illusions, Paul H. Robinson Jan 2001

Criminal Law Scholarship: Three Illusions, Paul H. Robinson

Faculty Scholarship at Penn Law

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of rationality, but ...


The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen Jan 2001

The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts Jan 2001

Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


On Insider Trading, Markets, And "Negative" Property Rrights In Information, Zohar Goshen, Gideon Parchomovsky Jan 2001

On Insider Trading, Markets, And "Negative" Property Rrights In Information, Zohar Goshen, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Conflict Of Rights And The Outbreak Of The First World War, Leo Katz Jan 2001

Conflict Of Rights And The Outbreak Of The First World War, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


Social Movements, Law, And Society: The Institutionalization Of The Environmental Movement, Cary Coglianese Jan 2001

Social Movements, Law, And Society: The Institutionalization Of The Environmental Movement, Cary Coglianese

Faculty Scholarship at Penn Law

No abstract provided.


Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts Jan 2001

Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.