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Full-Text Articles in Law

Freedom Of Speech And True Threats, Jennifer Rothman Oct 2001

Freedom Of Speech And True Threats, Jennifer Rothman

Faculty Scholarship at Penn Law

This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.

Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.

The law surrounding threats has gained recent attention ...


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 ...


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.


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.


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 ...


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.


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.


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.


State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman Jan 2001

State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


The Lawyer As Confidence-Man, David A. Skeel Jr. Jan 2001

The Lawyer As Confidence-Man, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


What's So Bad About Delaware?, David A. Skeel Jr. Jan 2001

What's So Bad About Delaware?, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perpsective, Serena Mayeri Jan 2001

"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perpsective, Serena Mayeri

Faculty Scholarship at Penn Law

No abstract provided.


Givings, Abraham Bell, Gideon Parchomovsky Jan 2001

Givings, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Takings Reassessed, Abraham Bell, Gideon Parchomovsky Jan 2001

Takings Reassessed, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


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.


On Trademarks, Domain Names, And Internal Auctions, Gideon Parchomovsky Jan 2001

On Trademarks, Domain Names, And Internal Auctions, Gideon Parchomovsky

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.


Making Progress The Old-Fashioned Way, Stephen B. Burbank Jan 2001

Making Progress The Old-Fashioned Way, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Two Men On A Plank, Claire Oakes Finkelstein Jan 2001

Two Men On A Plank, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein Jan 2001

Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Two Observations On Holocaust Claims, William W. Bratton Jan 2001

Two Observations On Holocaust Claims, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


What's So Special About American Law?, William Ewald Jan 2001

What's So Special About American Law?, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch Jan 2001

Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch

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.


Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese Jan 2001

Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese

Faculty Scholarship at Penn Law

For many years, advocates of negotiated rulemaking have advanced enthusiastic claims about how negotiated rulemaking would reduce litigation and shorten the rulemaking process. In an earlier study, I tested these claims systematically by assessing the effectiveness of negotiated rulemaking against existing rulemaking processes. I found that negotiated rulemaking neither saves time nor reduces litigation. Recently, Philip Harter, a longtime advocate of negotiated rulemaking, has criticized my study and asserted that negotiated rulemaking has succeeded remarkably in achieving its goals. Harter criticized the way I measured the length of the rulemaking process, claimed that I failed to appreciate differences in litigation ...


Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi Jan 2001

Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi

Faculty Scholarship at Penn Law

No abstract provided.


Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi Jan 2001

Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi

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.


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.