Law Commons^™

Enhanced Public Defense Improves Pretrial Outcomes And Reduces Racial Disparities, Paul S. Heaton

All Faculty Scholarship

Numerous jurisdictions are working to reform pretrial processes to reduce or eliminate money bail and decrease pretrial detention. Although reforms such as the abandonment of bail schedules or adoption of actuarial risk assessment tools have been widely enacted, the role of defense counsel in the pretrial process has received less attention.

This Article considers an approach to pretrial reform focused on improving the quality of defense counsel. In Philadelphia, a substantial fraction of people facing criminal charges are detained following rapid preliminary hearings where initial release conditions are set by bail magistrates operating with limited information. Beginning in 2017, the …

Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters

All Faculty Scholarship

At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet, for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation, for instance through waivers, exemptions, and exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory …

Regulation As Partnership, Justin (Gus) Hurwitz

Journal of Law & Innovation

No abstract provided.

Innovation Or Jobs? An Inconvenient Truth About Public Financing For “Innovation”, Camilla A. Hrdy

Journal of Law & Innovation

No abstract provided.

Inconvenient Truths: Interpreting The Origins Of The Commercial Internet, Shane Greenstein

Journal of Law & Innovation

No abstract provided.

Experimental Strategies For Regulating Fintech, Hilary J. Allen

Journal of Law & Innovation

No abstract provided.

Explanation < Justification: Gdpr And The Perils Of Privacy, Talia B. Gillis, Josh Simons

Journal of Law & Innovation

No abstract provided.

Justifying The Efficacy Of Contract Discrimination, Hosea H. Harvey

Journal of Law & Innovation

No abstract provided.

Why Do People Avoid Information About Privacy?, Dan Svirsky

Journal of Law & Innovation

No abstract provided.

All Smart Contracts Are Ambiguous, James Grimmelmann

Journal of Law & Innovation

No abstract provided.

Abstraction, Filtration, And Comparison In Patent Law, Michael Risch

Journal of Law & Innovation

No abstract provided.

Explaining Criminal Sanctions In Intellectual Property Law, Irina D. Manta

Journal of Law & Innovation

No abstract provided.

The “New Madison” Approach To Antitrust And Intellectual Property Law, Makan Delrahim

Journal of Law & Innovation

No abstract provided.

How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne

All Faculty Scholarship

Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.

After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay …

Just Say Yes? The Fiduciary Duty Implications Of Directorial Acquiescence, Lisa Fairfax

All Faculty Scholarship

The rise in shareholder activism is one of the most significant recent phenomena in corporate governance. Shareholders have successfully managed to enhance their power within the corporation, and much of that success has resulted from corporate managers and directors voluntarily acceding to shareholder demands. Directors’ voluntary acquiescence to shareholder demands is quite simply remarkable. Remarkable because most of the changes reflect policies and practices that directors have vehemently opposed for decades, and because when opposing such changes directors stridently insisted that the changes were not in the corporation’s best interest. In light of that insistence, and numerous statements from directors …

Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, Oluwatomi O. Williams

All Faculty Scholarship

In view of the decline in gain sharing by corporations with American workers over the last forty years, advocates for American workers have expressed growing interest in allowing workers to elect representatives to corporate boards. Board level representation rights have gained appeal because they are a highly visible part of codetermination regimes that operate in several successful European economies, including Germany’s, in which workers have fared better.

But board-level representation is just one part of the comprehensive codetermination regulatory strategy as it is practiced abroad. Without a coherent supporting framework that includes representation from the ground up, as is provided …

A Public Option For Employer Health Plans, Allison K. Hoffman, Howell E. Jackson, Amy Monahan

All Faculty Scholarship

Following the 2020 presidential election, health care reform discussions have centered on two competing proposals: Medicare for All and an individual public option (“Medicare for all who want it”). Interestingly, these two proposals take starkly different approaches to employer-provided health coverage, long the bedrock of the U.S. health care system and the stumbling block to many prior reform efforts. Medicare for All abolishes employer-provided coverage, while an individual public option leaves it untouched.

This Article proposes a novel solution that finds a middle ground between these two extremes: an employer public option. In contrast to the more familiar public option …

Before And After Hinckley: Legal Insanity In The United States, Stephen J. Morse

All Faculty Scholarship

This chapter first considers the direction of the affirmative defense of legal insanity in the United States before John Hinckley was acquitted by reason of insanity in 1982 for attempting to assassinate President Reagan and others and the immediate aftermath of that acquittal. Since the middle of the 20^th Century, the tale is one of the rise and fall of the American Law Institute’s Model Penal Code test for legal insanity. Then it turns to the constitutional decisions of the United States Supreme Court concerning the status of legal insanity. Finally, it addresses the substantive and procedural changes that …

Internet Connectivity Among Indigenous And Tribal Communities In North America - A Focus On Social And Educational Outcomes, Christopher S. Yoo, Leon Gwaka, Muge Haseki

All Faculty Scholarship

Broadband access is an important part of enhancing rural community development, improving the general quality of life. Recent telecommunications stimulus projects in the U.S. and Canada were intended to increase availability of broadband through funding infrastructure investments, largely in rural and remote regions. However, there are various small, remote, and rural communities, who remain unconnected. Connectivity is especially important for indigenous and tribal communities to access opportunities for various public services as they are generally located in remote areas. In 2016, the FCC reported that 41% of U.S. citizens living on tribal lands, and 68% of those in the rural …

Reconsidering The Evolutionary Erosion Account Of Corporate Fiduciary Law, William W. Bratton

All Faculty Scholarship

This Article reconsiders the dominant account of corporate law’s duty of loyalty, which asserts that the courts have steadily relaxed standards of fiduciary scrutiny applied to self-dealing by corporate managers across more than a century of history—to the great detriment of the shareholder interest. The account originated in Harold Marsh, Jr.’s foundational article, Are Directors Trustees? Conflicts of Interest and Corporate Morality, published in The Business Lawyer in 1966. Marsh’s showing of historical lassitude has been successfully challenged in a recent book by Professor David Kershaw. This Article takes Professor Kershaw’s critique a step further, asking whether the evolutionary …

Online Rulers As Hybrid Bodies: The Case Of Infringing Content Monitoring, Orit Fischman-Afori

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Parent Trap: Rebalancing Parallel Enforcement Between Child Protective Services And Law Enforcement, Ryan Charles Mcevoy

University of Pennsylvania Law Review

No abstract provided.

Beyond Government Transparency In China? The Challenges To Open Public Enterprises And Institutions, Chun Peng

University of Pennsylvania Asian Law Review

No abstract provided.

Old Regulatory Wine In A New Bottle Of Technology--A Critical Analysis Of China's Social Credit System, Bi Honghai

University of Pennsylvania Asian Law Review

No abstract provided.

A Study On Administrative Litigation Settlement In Taiwan On The Experience Of The Qualcomm V. Fair Trade Commission Case, Han-Ching Wang

University of Pennsylvania Asian Law Review

No abstract provided.

Confirming The Obvious: Why Antique Chinese Bonds Should Remain Antique, Brenda Luo, Alex Xiao

University of Pennsylvania Asian Law Review

No abstract provided.

Curbing Concepcion: How States Can Ease The Strain Of Predispute Arbitration To Counter Corporate Abusers, Cameron Molis

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Hair Rules: Race, Gender, And Stigmatization In Schools, Patricia A. Banks

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Unmaking Of “Black Bill Gates”: How The U.S. Patent System Failed African-American Inventors, Olivia Constance Bethea

University of Pennsylvania Law Review Online

No abstract provided.

Hawai'i '78: Collective Memory And The Untold Legal History Of The Reparative Action For Kānaka Maoli, Troy H.J. Andrade

University of Pennsylvania Journal of Law and Social Change

No abstract provided.