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University of Pennsylvania Law School, Public Law & Legal Theory Research Paper Series

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1.

The Promise and Perils of Credit Derivatives

University of Cincinnati Law Review, Vol. 75, p. 1019, 2007, U of Penn, Inst for Law & Econ Research Paper No. 06-22, U of Penn Law School, Public Law Working Paper No. 06-36, San Diego Legal Studies Paper No. 07-74
Number of pages: 33 Posted: 13 Sep 2006 Last Revised: 20 Mar 2010
Accepted Paper Series
University of Pennsylvania Law School and University of San Diego School of Law
Downloads 9,723
2.

In God's Shadow: Unveiling the Hidden World of Victims of Domestic Violence in Observant Religious Communities

11 Rutgers Journal of Law & Public Policy 471 (2014), U of Penn Law School, Public Law Research Paper No. 13-27
Number of pages: 80 Posted: 29 Oct 2013 Last Revised: 09 Aug 2014
Accepted Paper Series
University of Pennsylvania Law School
Downloads 5,054
3.

Against Financial Literacy Education

Iowa Law Review, Vol. 94, 2008, U of Penn Law School, Public Law Research Paper No. 08-10, Loyola-LA Legal Studies Paper No. 2008-13
Number of pages: 92 Posted: 13 Mar 2008 Last Revised: 09 Jul 2010
Accepted Paper Series
Loyola Law School Los Angeles
Downloads 4,208
4.

Evidence and Ideology in Assessing the Effectiveness of Financial Literacy Education

San Diego Law Review, Vol. 46, p. 415, 2009, U of Penn Law School, Public Law Research Paper No. 08-08, Loyola-LA Legal Studies Paper No. 2008-6
Number of pages: 45 Posted: 28 Feb 2008 Last Revised: 16 Apr 2010
Accepted Paper Series
Loyola Law School Los Angeles

Multiple version iconThere are 2 versions of this paper

Downloads 2,410
5.

Patent Portfolios

U of Penn. Law School, Public Law Working Paper 56; U of Penn, Inst for Law & Econ Research Paper 04-16
Number of pages: 78 Posted: 25 Aug 2004
Working Paper Series
University of Pennsylvania Law School and University of Pennsylvania Law School

Multiple version iconThere are 2 versions of this paper

Downloads 2,383
6.

Is the Federal Circuit Succeeding? An Empirical Assessment of Judicial Performance

U of Penn, Inst for Law & Econ Research Paper 04-08; and U of Penn. Law School, Public Law Working Paper 51
Number of pages: 77 Posted: 18 Mar 2004
Accepted Paper Series
University of Pennsylvania Law School and Loyola Law School Los Angeles
Downloads 1,908
7.

Investment Protection in Extraordinary Times: The Interpretation and Application of Non-Precluded Measures Provisions in Bilateral Investment Treaties

Virginia Journal of International Law, Vol. 48, p. 307, 2007, U of Penn Law School, Public Law Research Paper No. 07-14
Number of pages: 104 Posted: 14 Apr 2007 Last Revised: 19 Jun 2009
Accepted Paper Series
University of Pennsylvania Law School and Faculty of Economics and Social Sciences, University of Hamburg
Downloads 1,700
8.

The Tax Advantage to Paying Private Equity Fund Managers with Profit Shares: What is it? Why is it Bad?

U of Penn, Inst for Law & Econ Research Paper No. 07-14, University of Chicago Law Review, Vol. 75, 2008, U of Penn Law School, Public Law Research Paper No. 07-28
Number of pages: 83 Posted: 26 Jun 2007 Last Revised: 11 Mar 2013
Accepted Paper Series
University of Pennsylvania Law School
Downloads 1,697
9.

The Taxation of Private Equity Carried Interests: Estimating the Revenue Effects of Taxing Profit Interests as Ordinary Income

U of Penn, Inst for Law & Econ Research Paper No. 07-20, U of Penn Law School, Public Law Research Paper No. 07-32, William & Mary Law Review, Vol. 50, No. 1, 2008
Number of pages: 48 Posted: 19 Aug 2007 Last Revised: 12 Nov 2008
Working Paper Series
University of Pennsylvania Law School
Downloads 1,688
10.

As American as Apple Inc.: International Tax and Ownership Nationality

Tax Law Review, Vol. 68, No. 2, 2015, pp. 207-274, U of Penn Law School, Public Law Research Paper No. 14-5, U of Penn, Inst for Law & Econ Research Paper No. 14-3
Number of pages: 68 Posted: 11 Feb 2014 Last Revised: 21 Jul 2015
Accepted Paper Series
University of Pennsylvania Law School
Downloads 1,593
11.

Bayh-Dole Reform and the Progress of Biomedicine

Law and Contemporary Problems, Vol. 66, No. 1
Number of pages: 39 Posted: 23 Nov 2002
Accepted Paper Series
Duke University School of Law and University of Michigan Law School
Downloads 1,483
12.

Political Authority and Political Obligation

OXFORD STUDIES IN PHILOSOPHY OF LAW, Vol. II, Leslie Green and Brian Leiter, eds., Forthcoming, U of Penn Law School, Public Law Research Paper No. 12-37
Number of pages: 91 Posted: 16 Jul 2012
Accepted Paper Series
University of Pennsylvania Law School
Downloads 1,446
13.

Life after Bilski

Stanford Law Review, Vol. 63, pp. 1315-1347, 2011, Stanford Public Law Working Paper No. 1725009, San Diego Legal Studies Paper No. 11-046, U of Penn, Inst for Law & Econ Research Paper No. 11-02, U of Penn Law School, Public Law Research Paper No. 11-05, Villanova Law/Public Policy Research Paper No. 2012-2003
Number of pages: 68 Posted: 17 Dec 2010 Last Revised: 29 Feb 2012
Accepted Paper Series
Stanford Law School, Villanova University Charles Widger School of Law, University of San Diego School of Law and University of Pennsylvania Law School
Downloads 1,332
14.

Toward a Third-Wave Feminist Legal Theory: Young Women, Pornography and the Praxis of Pleasure

Michigan Journal of Gender & Law, Vol. 14, 2007, University of Pennsylvania Law School, Public Law Working Paper No. 06-31
Number of pages: 70 Posted: 13 Mar 2006
Accepted Paper Series
Pace University School of Law
Downloads 1,175
15.

Regulation and Regulatory Processes

REGULATION AND REGULATORY PROCESSES, Cary Coglianese, Robert A. Kagan, eds., Ashgate Publishing, 2007, U of Penn Law School, Public Law Research Paper No. 08-43
Number of pages: 32 Posted: 10 Nov 2008 Last Revised: 18 Aug 2009
Accepted Paper Series
University of Pennsylvania Law School and University of California, Berkeley - Center for the Study of Law and Society
Downloads 1,157
16.

The Legitimating Role of Consent in International Law

Chicago Journal of International Law, Vol. 11, No. 2, University of Penn Law School Public Law Research Paper No. 10-22
Number of pages: 29 Posted: 10 Jul 2010 Last Revised: 16 Dec 2011
Accepted Paper Series
University of Pennsylvania - Legal Studies Department
Downloads 1,096
17.

Brain Overclaim Syndrome and Criminal Responsibility: A Diagnostic Note

Ohio State Journal of Criminal Law, Vol. 3, p. 397, 2006, U of Penn Law School, Public Law Working Paper No. 06-35
Number of pages: 17 Posted: 13 Apr 2006
Accepted Paper Series
University of Pennsylvania Law School
Downloads 1,090
18.

Meta-Regulation and Self-Regulation

THE OXFORD HANDBOOK ON REGULATION, Martin Cave, Robert Baldwin, Martin Lodge, eds., 2010, U of Penn Law School, Public Law Research Paper No. 12-11, U of Penn, Inst for Law & Econ Research Paper No. 12-06
Number of pages: 36 Posted: 13 Feb 2012
Accepted Paper Series
University of Pennsylvania Law School and Independent
Downloads 1,089
19.

Cloud Computing: Architectural and Policy Implications

Review of Industrial Organization, Forthcoming, U of Penn, Inst for Law & Econ Research Paper No. 11-15, U of Penn Law School, Public Law Research Paper No. 11-15
Number of pages: 30 Posted: 30 Apr 2011 Last Revised: 31 Jan 2014
Accepted Paper Series
University of Pennsylvania Law School
Downloads 1,084
20.

Proactive Complementarity: The International Criminal Court and National Courts in the Rome System of Justice

Harvard International Law Journal, Vol. 49, Pg. 53, 2008, U of Penn Law School, Public Law Working Paper No. 07-08
Number of pages: 56 Posted: 20 Feb 2007 Last Revised: 01 Apr 2014
Accepted Paper Series
University of Pennsylvania Law School
Downloads 1,071
21.

A Contractarian Argument Against the Death Penalty

New York University Law Review, Vol. 81, p. 1283, 2006, U. of Penn. Law School, Pub. Law Research Paper No. 15
Number of pages: 48 Posted: 22 Nov 2002 Last Revised: 14 Jun 2011
Accepted Paper Series
University of Pennsylvania Law School
Downloads 1,003
22.

Regulating the Plea-Bargaining Market: From Caveat Emptor to Consumer Protection

California Law Review, Vol. 99, p. 1117, 2011, U of Penn Law School, Public Law Research Paper No. 10-33
Number of pages: 46 Posted: 20 Oct 2010 Last Revised: 27 Sep 2011
Accepted Paper Series
University of Pennsylvania Law School
Downloads 1,001
23.

Changing Minds: The Work of Mediators and Empirical Studies of Persuasion

Ohio State Journal on Dispute Resolution, Vol. 28, No. 2, Pg. 263, 2013, U of Penn Law School, Public Law Research Paper No. 11-07
Number of pages: 92 Posted: 27 Feb 2011 Last Revised: 09 May 2013
Accepted Paper Series
University of Connecticut - School of Law and University of Pennsylvania Law School
Downloads 972
24.

Private Litigation in a Public Law Sphere: The Standard of Review in Investor-State Arbitrations

Yale Journal of International Law, Vol. 35, p. 283, 2010, U of Penn Law School, Public Law Research Paper No. 09-23
Number of pages: 64 Posted: 03 Sep 2009 Last Revised: 11 Oct 2010
Accepted Paper Series
University of Pennsylvania Law School and Faculty of Economics and Social Sciences, University of Hamburg
Downloads 939
25.

Mental Disorder and Criminal Law

Journal of Criminal Law and Criminology, Vol. 101, p. 885, 2011, University of Pennsylvania Public Law & Legal Theory, Research Paper No. 11-23
Number of pages: 85 Posted: 24 Jul 2011 Last Revised: 02 Aug 2011
Accepted Paper Series
University of Pennsylvania Law School
Downloads 920
26.

The Calculation of Prejudgment Interest

U of Penn Law School, Public Law Working Paper No. 06-21
Number of pages: 36 Posted: 01 Jun 2005
Working Paper Series
University of Pennsylvania Law School and Fordham University School of Law
Downloads 920
27.

Lost in Translation?: An Essay on Law and Neuroscience

LAW AND NEUROSCIENCE, CURRENT LEGAL ISSUES, Vol. 13, p. 529, Michael Freeman, ed., 2011, U of Penn Law School, Public Law Research Paper No. 11-27
Number of pages: 19 Posted: 04 Aug 2011
Accepted Paper Series
University of Pennsylvania Law School
Downloads 908
28.

Undressing Difference: The Hijab in the West

Berkeley Journal of Gender, Law & Justice, Vol. 23, Pg. 208, 2008, U of Penn Law School, Public Law Research Paper No. 08-18, Islamic Law and Law of the Muslim World Paper No. 08-27
Number of pages: 17 Posted: 29 Apr 2008 Last Revised: 17 Jun 2009
Accepted Paper Series
University of Pennsylvania Law School
Downloads 904
29.

Codifying Shari'a: International Norms, Legality & the Freedom to Invent New Forms

Journal of Comparative Law, Vol. 2, No. 1, 2007, U of Penn Law School, Public Law Working Paper No. 06-26
Number of pages: 53 Posted: 31 Oct 2006 Last Revised: 17 Aug 2016
Accepted Paper Series
University of Pennsylvania Law School, Rutgers Law School, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent and Independent
Downloads 881
30.

Intuitions of Justice: Implications for Criminal Law and Justice Policy

U of Penn Law School, Public Law Research Paper No. 07-12, Southern California Law Review, Vol. 81, No. 1, 2007
Number of pages: 68 Posted: 27 Mar 2007
Accepted Paper Series
University of Pennsylvania Law School and Princeton University
Downloads 877
31.

Media Concentration: Giving Up on Democracy

U of Penn. Law School, Public Law Working Paper 16
Number of pages: 143 Posted: 19 Nov 2002
Accepted Paper Series
University of Pennsylvania Law School (Deceased)
Downloads 867
32.

The (Not So) Plain Meaning Rule

84 University of Chicago Law Review 539 (2017), U of Penn Law School, Public Law Research Paper No. 16-21, U of Chicago, Public Law Working Paper No. 590
Number of pages: 28 Posted: 08 Jul 2016 Last Revised: 14 Jul 2017
Accepted Paper Series
University of Chicago - Law School and University of Pennsylvania Law School
Downloads 861
33.

The Federal Circuit and Patentability: An Empirical Assessment of the Law of Obviousness

Texas Law Review, Vol. 85, 2007, University of Pennsylvania, Institute for Law & Economics Research Paper No. 06-21, University of Pennsylvania Law School, Public Law Working Paper No. 06-30, Loyola-LA Legal Studies Paper No. 2006-21
Number of pages: 61 Posted: 10 Aug 2006
Accepted Paper Series
Loyola Law School Los Angeles and University of Pennsylvania Law School
Downloads 860
34.

Regulatory Theory

A COMPANION TO PHILOSOPHY OF LAW AND LEGAL THEORY, Dennis Paterson, ed., Cambridge U. Press, Forthcoming, U of Penn Law School, Public Law Research Paper No. 10-07
Number of pages: 18 Posted: 16 Feb 2010
Accepted Paper Series
Duke University School of Law
Downloads 818
35.

Law and Neuroscience: Recommendations Submitted to the President's Bioethics Commission

Journal of Law and Biosciences, vol 1, pp 224-236 (2014)
Number of pages: 13 Posted: 31 Aug 2014 Last Revised: 27 Jul 2015
Accepted Paper Series
Vanderbilt University - Law School & Dept. of Biological Sciences, University of Virginia - School of Law, Yale University - Department of Psychology, US Court of Appeals - Fourth Circuit, University of California Hastings College of the Law, Second Judicial District Court Judge, State of Colorado, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute, University of Pennsylvania Law School, Washington University School of Medicine, Yale University - Department of Psychology, Columbia University - Law School, Temple University, New York University School of Law, Stanford University - Psychology and Yale Law School
Downloads 811
36.

Fear Assessment: Cost-Benefit Analysis and the Pricing of Fear and Anxiety

U Penn. Law School, Public Law Working Paper 44, Chicago-Kent Law Review, Vol. 79, p. 977, 2004, U of Penn, Inst for Law & Econ Research Paper No. 03-28, AEI-Brookings Joint Ctr Working Paper No. 03-12
Number of pages: 77 Posted: 19 Nov 2003 Last Revised: 21 Dec 2014
Accepted Paper Series
Duke University School of Law
Downloads 808
37.

Engines of Inequality: Class, Race, and Family Structure

Family Law Quarterly, Vol. 41, p. 567, 2007, U of Penn, Inst for Law & Econ Research Paper No. 08-11, U of Penn Law School, Public Law Research Paper No. 08-12
Number of pages: 35 Posted: 08 Apr 2008 Last Revised: 06 May 2008
Accepted Paper Series
University of Pennsylvania Law School
Downloads 793
38.

Law in a Time of Emergency: States of Exception and the Temptations of 9/11

University of Pennsylvania Journal of Constitutional Law, Vol. 6, pp. 1001-1083, 2004
Number of pages: 76 Posted: 29 Oct 2004
Accepted Paper Series
Program in Law and Public Affairs, Princeton University
Downloads 782
39.

Happiness Research and Cost-Benefit Analysis

U of Penn, Inst for Law & Econ Research Paper No. 07-15, U of Penn Law School, Public Law Research Paper No. 07-29, U of Chicago Law & Economics, Olin Working Paper No. 345
Number of pages: 31 Posted: 11 Jul 2007
Working Paper Series
Duke University School of Law and University of Chicago - Law School
Downloads 769
40.

Censorship by Proxy: The First Amendment, Internet Intermediaries, and the Problem of the Weakest Link

University of Pennsylvania Law Review, Vol. 155, No. 11, 2006, U of Penn Law School, Public Law Working Paper No. 06-45
Number of pages: 92 Posted: 30 Nov 2006
Accepted Paper Series
University of Pennsylvania Law School
Downloads 767
41.

Fostering Cumulative Innovation in the Biopharmaceutical Industry: The Role of Patents and Antitrust

Berkeley Technology Law Journal, Vol. 16, Spring 2001
Number of pages: 42 Posted: 19 May 2002
Accepted Paper Series
Duke University School of Law
Downloads 764
42.

Rethinking Broadband Internet Access

Harvard Journal of Law and Technology, Vol. 22, 2008, U of Penn Law School, Public Law Research No. 08-34, U of Penn, Inst. for Law & Econ Research Paper No. 08-16
Number of pages: 74 Posted: 26 Jul 2008 Last Revised: 23 Dec 2013
Accepted Paper Series
Northwestern University - Kellogg School of Management and University of Pennsylvania Law School
Downloads 763
43.

Prison, Foster Care, and the Systemic Punishment of Black Mothers

UCLA Law Review Vol. 59, p. 1474, 2012, U of Penn Law School, Public Law Research Paper No. 12-45
Number of pages: 28 Posted: 04 Dec 2012 Last Revised: 10 Feb 2013
Accepted Paper Series
University of Pennsylvania Law School
Downloads 762
44.

The Non-Problem of Free Will in Forensic Psychiatry and Psychology

Behavioral Sciences & the Law, Vol. 25, pp. 203-220, 2007, U of Penn Law School, Public Law Research Paper No. 07-19
Number of pages: 19 Posted: 23 Apr 2007
Accepted Paper Series
University of Pennsylvania Law School
Downloads 757
45.

Crimea and the International Legal Order

Survival: Global Politics & Strategy, Vol. 56, P. 65, 2014, U of Penn Law School, Public Law Research Paper No. 14-24
Number of pages: 17 Posted: 31 Jul 2014 Last Revised: 15 Apr 2017
Accepted Paper Series
University of Pennsylvania Law School
Downloads 747
46.

Free Speech and the Myth of the Internet as an Unintermediated Experience

George Washington Law Review, Vol. 78, Pg. 697, 2010, U of Penn, Inst for Law & Econ Research Paper No. 09-33, U of Penn Law School, Public Law Research Paper No. 09-26, TPRC 2009
Number of pages: 77 Posted: 22 Sep 2009 Last Revised: 21 Apr 2013
Accepted Paper Series
University of Pennsylvania Law School
Downloads 737
47.

Pervasive Image Capture and the First Amendment: Memory, Discourse, and the Right to Record

University of Pennsylvania Law Review, Vol. 159, p. 335, 2011, U of Penn Law School, Public Law Research Paper No. 10-06
Number of pages: 76 Posted: 17 Feb 2010 Last Revised: 27 Jan 2011
Accepted Paper Series
University of Pennsylvania Law School
Downloads 721
48.

The Unbearable Lightness of Christian Legal Scholarship

U of Penn Law School, Public Law Working Paper No. 06-37, Emory Law Journal, Vol. 57, p. 1471, 2008
Number of pages: 56 Posted: 13 Sep 2006 Last Revised: 26 Dec 2008
Accepted Paper Series
University of Pennsylvania Law School
Downloads 710
49.

Did Phillips Change Anything? Empirical Analysis of the Federal Circuit’s Claim Construction Jurisprudence

INTELLECTUAL PROPERTY AND THE COMMON LAW, S. Balganesh, ed., Cambridge University Press, 2012 , U of Penn, Inst for Law & Econ Research Paper No. 11-27, U of Penn Law School, Public Law Research Paper No. 11-33, Loyola-LA Legal Studies Paper No. 2011-28
Number of pages: 39 Posted: 13 Aug 2011 Last Revised: 25 May 2014
Accepted Paper Series
University of Pennsylvania Law School and Loyola Law School Los Angeles
Downloads 698
50.

Transparency and Public Participation in the Rulemaking Process: Recommendations for the New Administration

George Washington Law Review, Vol. 77, No. 4, 2009, Transparency and Public Participation Task Force Report, University of Pennsylvania Law School, July 2008, U of Penn Law School, Public Law Research Paper No. 08-41
Number of pages: 49 Posted: 04 Nov 2008 Last Revised: 13 Jan 2010
Accepted Paper Series
University of Pennsylvania Law School, Independent and Independent
Downloads 696