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Articles 1 - 30 of 38

Full-Text Articles in Social and Behavioral Sciences

Almost Everybody Disagrees Almost All The Time: The Genericity Of Weakly Merging Nowhere, Ronald I. Miller, Chris William Sanchirico Nov 1997

Almost Everybody Disagrees Almost All The Time: The Genericity Of Weakly Merging Nowhere, Ronald I. Miller, Chris William Sanchirico

Faculty Scholarship at Penn Law

Suppose we randomly pull two agents from a population and ask them to observe an unfolding, infinite sequence of zeros and ones. If each agent starts with a prior belief about the true sequence and updates this belief on revelation of successive observations, what is the chance that the two agents will come to agree on the likelihood that the next draw is a one? In this paper we show that there is no chance. More formally, we show that under a very unrestrictive definition of what it means to draw priors “randomly,” the probability that two priors have any ...


Product Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll Oct 1997

Product Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll

Faculty Scholarship at Penn Law

No abstract provided.


Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch Oct 1997

Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer Jul 1997

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese Apr 1997

Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese

Faculty Scholarship at Penn Law

No abstract provided.


From Black And White To High Definition Equal Protection, Seth F. Kreimer Jan 1997

From Black And White To High Definition Equal Protection, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii Jan 1997

The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

106 Yale L. J. 1233 (1997)


The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson Jan 1997

The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery Jan 1997

An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery

Faculty Scholarship at Penn Law

No abstract provided.


Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr. Jan 1997

Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Genetic Testing, Nature, And Trust, Anita L. Allen Jan 1997

Genetic Testing, Nature, And Trust, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Unshackling Black Motherhood, Dorothy E. Roberts Jan 1997

Unshackling Black Motherhood, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Taking Boards Seriously, Jill E. Fisch Jan 1997

Taking Boards Seriously, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Immaturity And Irresponsibility, Stephen J. Morse Jan 1997

Immaturity And Irresponsibility, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther Jan 1997

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

Faculty Scholarship at Penn Law

No abstract provided.


Questioning Philanthropy From A Corporate Governance Perspective, Jill E. Fisch Jan 1997

Questioning Philanthropy From A Corporate Governance Perspective, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr. Jan 1997

Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer Jan 1997

Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer

Faculty Scholarship at Penn Law

Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.

The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during ...


Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch Jan 1997

Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch

Faculty Scholarship at Penn Law

In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal ...


The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts Jan 1997

The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr. Jan 1997

The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Dividends, Noncontractibility, And Corporate Law, William W. Bratton Jan 1997

Dividends, Noncontractibility, And Corporate Law, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin Jan 1997

Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff Jan 1997

Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

No abstract provided.


Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank Jan 1997

Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Hong Kong's Endgame And The Rule Of Law (Ii): The Battle Of "The People" And The Business Community In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane Jan 1997

Hong Kong's Endgame And The Rule Of Law (Ii): The Battle Of "The People" And The Business Community In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane

Faculty Scholarship at Penn Law

No abstract provided.


The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery Jan 1997

The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery

Faculty Scholarship at Penn Law

No abstract provided.


The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo Jan 1997

The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo

Faculty Scholarship at Penn Law

Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such ...


Comment On Maccormick, William Ewald Jan 1997

Comment On Maccormick, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Conflicts And Defense Lawyers: From Triangles To Tetrahedrons, Tom Baker Jan 1997

Conflicts And Defense Lawyers: From Triangles To Tetrahedrons, Tom Baker

Faculty Scholarship at Penn Law

No abstract provided.