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Full-Text Articles in Philosophy

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank Jan 2019

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

Faculty Scholarship at Penn Law

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as ...


Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang Oct 2018

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in ...


Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson Mar 2017

Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson

Faculty Scholarship at Penn Law

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who ...


Strict Liability's Criminogenic Effect, Paul H. Robinson Jan 2017

Strict Liability's Criminogenic Effect, Paul H. Robinson

Faculty Scholarship at Penn Law

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails ...


Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith Jan 2016

Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship at Penn Law

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking ...


On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank Apr 2009

On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank

Faculty Scholarship at Penn Law

In this paper, which was prepared to help set the stage at an interdisciplinary conference held at the University of Indiana (Bloomington) in March, I first briefly review what I take to be the key events and developments in the history of the study of judicial behavior in legal scholarship, with attention to corresponding developments in political science. I identify obstacles to cooperation in the past – such as indifference, professional self-interest and methodological imperialism -- as well as precedents for cross-fertilization in the future. Second, drawing on extensive reading in the political science and legal literatures concerning judicial behavior, I seek ...


Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller Jan 2009

Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller

Faculty Scholarship at Penn Law

No abstract provided.


James Wilson And The Drafting Of The Constitution, William Ewald Jun 2008

James Wilson And The Drafting Of The Constitution, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch Jan 2006

The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Alternative Career Resolution Ii: Changing The Tenure Of Supreme Court Justices, Stephen B. Burbank Jan 2006

Alternative Career Resolution Ii: Changing The Tenure Of Supreme Court Justices, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank Jan 2005

Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Human Rights And National Security: The Strategic Correlation, William W. Burke-White Jan 2004

Human Rights And National Security: The Strategic Correlation, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts Jan 2000

The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts Jun 1999

The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen Jan 1999

Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen

Faculty Scholarship at Penn Law

67 Geo. Wash. L. Rev. 1165 (1999).


Lying To Protect Privacy, Anita L. Allen Jan 1999

Lying To Protect Privacy, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang Jan 1997

Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts Jan 1993

Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank Jan 1993

Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch Jan 1991

Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Democracy And Its Critics, Cary Coglianese May 1990

Democracy And Its Critics, Cary Coglianese

Faculty Scholarship at Penn Law

No abstract provided.


Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts Apr 1990

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Retaining The Rule Of Law In A Chevron World, Michael A. Fitts Jan 1990

Retaining The Rule Of Law In A Chevron World, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen Jan 1988

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Discrimination, Jobs, And Politics, Anita L. Allen Jan 1986

Discrimination, Jobs, And Politics, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.