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Articles 1 - 30 of 53
Full-Text Articles in Law
Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer
Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer
Faculty Scholarship at Penn Carey Law
No abstract provided.
Building Sector-Based Consensus: A Review Of The Epa's Common Sense Initiative, Cary Coglianese, Laurie K. Allen
Building Sector-Based Consensus: A Review Of The Epa's Common Sense Initiative, Cary Coglianese, Laurie K. Allen
Faculty Scholarship at Penn Carey Law
In the late 1990s, the U.S. Environmental Protection Agency (EPA) conducted what the agency considered to be a "bold experiment" in regulatory reinvention, bringing representatives from six industrial sectors together with government officials and NGO representatives to forge a consensus on innovations in public policy and business practices. This paper assesses the impact of the agency's "experiment" - called the Common Sense Initiative (CSI) - in terms of the agency's goals of improving regulatory performance and technological innovation. Based on a review of CSI projects across all six sectors, the paper shows how EPA achieved, at best, quite modest accomplishments. …
“Black People’S Money”: The Impact Of Law, Economics, And Culture In The Context Of Race On Damage Recoveries, Regina Austin
“Black People’S Money”: The Impact Of Law, Economics, And Culture In The Context Of Race On Damage Recoveries, Regina Austin
Faculty Scholarship at Penn Carey Law
“’Black People’s Money’: The Impact of Law, Economics, and Culture in the Context of Race on Damage Recoveries” is one of a series of articles by the author dealing with black economic marginalization; prior work considered such topics as shopping and selling as forms of deviance, street vending, restraints on leisure, and the importance of informality in loan transactions. This article deals with the linkage between the social significance of black people’s money and its material value. It analyzes the construction of “black money,” its association with cash, and the taboos and cultural practices that assure that black money will …
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
Faculty Scholarship at Penn Carey Law
Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we …
Judging Unions' Future Using A Historical Perspective: The Public Policy Choice Between Competition And Unionization, Michael L. Wachter
Judging Unions' Future Using A Historical Perspective: The Public Policy Choice Between Competition And Unionization, Michael L. Wachter
Faculty Scholarship at Penn Carey Law
In this paper I look at unions' future using a historical perspective and focusing on the period of union ascendancy as well as the past few decades when unions have been in decline. We know trends currently in place are unfavorable to unions. What conditions would be favorable? The rise of unions from the 1930s through the early 1950s was due to the convergence of a number of events - an economic policy that attempted to restrict competition beginning in the 1930s, the twin beliefs that labor markets were inherently noncompetitive and/or that individual workplaces were exploitative, and low union …
Taxing Sunny Days: Adjusting Taxes For Regional Living Costs And Amenities, Michael S. Knoll, Thomas D. Griffith
Taxing Sunny Days: Adjusting Taxes For Regional Living Costs And Amenities, Michael S. Knoll, Thomas D. Griffith
Faculty Scholarship at Penn Carey Law
No abstract provided.
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Securities Analyst As Agent: Rethinking The Regulation Of Analysts, Jill E. Fisch, Hillary A. Sale
The Securities Analyst As Agent: Rethinking The Regulation Of Analysts, Jill E. Fisch, Hillary A. Sale
Faculty Scholarship at Penn Carey Law
No abstract provided.
Child Welfare And Civil Rights, Dorothy E. Roberts
Child Welfare And Civil Rights, Dorothy E. Roberts
Faculty Scholarship at Penn Carey Law
No abstract provided.
Of Property And Anti-Property, Abraham Bell, Gideon Parchomovsky
Of Property And Anti-Property, Abraham Bell, Gideon Parchomovsky
Faculty Scholarship at Penn Carey Law
No abstract provided.
Converted Or Unconverted: To Whom Do We Preach?, Amy L. Wax
Converted Or Unconverted: To Whom Do We Preach?, Amy L. Wax
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
No abstract provided.
Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas
Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Case For Replealing The Corporate Alternative Minimum Tax, Terrence R. Chorvat, Michael S. Knoll
The Case For Replealing The Corporate Alternative Minimum Tax, Terrence R. Chorvat, Michael S. Knoll
Faculty Scholarship at Penn Carey Law
No abstract provided.
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
Faculty Scholarship at Penn Carey Law
No abstract provided.
Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas
Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
No abstract provided.
Anticompetitive Settlement Of Intellectual Property Disputes, Herbert J. Hovenkamp, Mark D. Janis, Mark A. Lemley
Anticompetitive Settlement Of Intellectual Property Disputes, Herbert J. Hovenkamp, Mark D. Janis, Mark A. Lemley
Faculty Scholarship at Penn Carey Law
The overwhelming majority of intellectual property lawsuits settle before trial. These settlements involve agreements between the patentee and the accused infringer, parties who are often competitors before the lawsuit. Because these competitors may agree to stop competing, to regulate the price each charges, and to exchange information about products and prices, settlements of intellectual property disputes naturally raise antitrust concerns. In this paper, we suggest a way to reconcile the interests of intellectual property law and antitrust law in evaluating intellectual property settlements. In Part I, we provide background on the issue. Part II argues that in most cases courts …
Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett
Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett
Faculty Scholarship at Penn Carey Law
This paper examines the effort to secure fair housing laws at the local, state and federal levels in the 1950s, focusing in particular on New York City and state. It will examine the arguments that advocates made regarding the role the law should play in preventing housing discrimination, and the relationship of these views to advocates' understanding of property rights in general. My paper will argue that fair housing advocates had particular conceptions about the importance of housing in American society that both supported and limited their success. By arguing that minorities only sought what others wanted - a single-family …
Final Report Of The Kentucky Penal Code Revision Project, Paul H. Robinson, Kentucky Criminal Justice Council Staff
Final Report Of The Kentucky Penal Code Revision Project, Paul H. Robinson, Kentucky Criminal Justice Council Staff
Faculty Scholarship at Penn Carey Law
The Kentucky Criminal Justice Council, a constitutional body in Kentucky, undertook this project to examine the problems with Kentucky criminal law and to rewrite the Kentucky criminal code. This two-volume Final Report of the Kentucky Penal Code Revision Project proposes a new criminal code, in volume 1, together with an official commentary, in volume 2, that explains each provision and how and why it differs from existing law. The introduction to the Report summarizes the reasons for and the importance of criminal code reform, and describes the techniques used in this rewrite project, including both the project’s drafting principles and …
How Relevant Is Jury Rationality?, David A. Hoffman
How Relevant Is Jury Rationality?, David A. Hoffman
Faculty Scholarship at Penn Carey Law
This essay reviews Punitive Damages: How Juries Decide by Cass Sunstein, et al. The book provides a good example of a recent trend: the use of behavioralist research to justify surprisingly paternalistic legal reforms. While critics of behavioralism often contend that its theoretical foundations are weak, this approach is unlikely to prove an effective rejoinder in the new debate about what kinds of paternalism are made permissible by human "irrationality". A better approach: (1) notes the lack of a nexus between behavioralism and the supposed emergent necessity of paternalist reforms; and (2) suggests that juror unwillingness to apply cost-benefit formula …
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
No abstract provided.
Containing The Promise Of Insurance: Adverse Selection And Risk Classification, Tom Baker
Containing The Promise Of Insurance: Adverse Selection And Risk Classification, Tom Baker
Faculty Scholarship at Penn Carey Law
Insurance law, risk pools, adverse selection
The Role Of Deterrence In The Formulation Of Criminal Law Rules: At Its Worst When Doing Its Best, Paul H. Robinson
The Role Of Deterrence In The Formulation Of Criminal Law Rules: At Its Worst When Doing Its Best, Paul H. Robinson
Faculty Scholarship at Penn Carey Law
For the past several decades, the deterrence of crime has been a centerpiece of criminal law reform. Law-givers have sought to optimize the control of crime by devising a penalty-setting system that assigns criminal punishments of a magnitude sufficient to deter a thinking individual from committing a crime. Although this seems initially an intuitively compelling strategy, we are going to suggest that is a poor one; poor for two reasons. First, its effectiveness rests on a set of assumptions that on examination cannot be sustained. Second, the attempt to employ the strategy generates a good many crimogenic costs that are …
Performance-Based Regulation: Prospects And Limitations In Health, Safety And Environmental Protection, Cary Coglianese, Jennifer Nash
Performance-Based Regulation: Prospects And Limitations In Health, Safety And Environmental Protection, Cary Coglianese, Jennifer Nash
Faculty Scholarship at Penn Carey Law
Regulation aims to improve the performance of individual and organizational behavior in ways that reduce social harms, whether by improving industry's environmental performance, increasing the safety of transportation systems, or reducing workplace risk. With this in mind, the phrase "performance-based regulation" might seem a bit redundant, since all regulation should aim to improve performance in ways that advance social goals. Yet regulators can direct those they govern to improve their performance in at least two basic ways. They can prescribe exactly what actions regulated entities must take to improve their performance. Or they can incorporate the regulation's goal into the …
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
Faculty Scholarship at Penn Carey Law
The immigration of unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal egalitarian ideals. These ideals would treat these resident workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of all incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of unskilled …
Can Majority Voting Provisions Do It All?, David A. Skeel Jr.
Can Majority Voting Provisions Do It All?, David A. Skeel Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner
Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Bush Administration's Response To The International Criminal Court, Jean Galbraith
The Bush Administration's Response To The International Criminal Court, Jean Galbraith
Faculty Scholarship at Penn Carey Law
No abstract provided.
Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine And How A Too-Clever Congress Could Provoke It To Do So, Mitchell N. Berman
Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine And How A Too-Clever Congress Could Provoke It To Do So, Mitchell N. Berman
Faculty Scholarship at Penn Carey Law
No abstract provided.
Justification And Excuse, Law And Morality, Mitchell N. Berman
Justification And Excuse, Law And Morality, Mitchell N. Berman
Faculty Scholarship at Penn Carey Law
Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs …