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

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1.

Introduction: The Power of Global Performance Indicators

U of Penn Law School, Public Law Research Paper No. 19-06, International Organization, Forthcoming
Number of pages: 29 Posted: 20 Jan 2019
Accepted Paper Series
Duke University - Trinity College of Arts & Sciences and University of Pennsylvania
Downloads 4
2.

Self-Actualization and the Need to Create as a Limit on Copyright

In Comparative Aspects of Limitations and Exceptions in Copyright Law (Shyamkrishna Balganesh, Wee Loon Ng-Loy, & Haochen Sun eds., Cambridge University Press 2019 Forthcoming)., U of Penn Law School, Public Law Research Paper No. 18-42
Number of pages: 41 Posted: 18 Jan 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 4
3.

Assessing the International Criminal Court

In The Performance of International Courts and Tribunals (Andreas Follesdal, Theresa Squatrito, and Geir Ulfstein eds., Cambridge 2018), U of Penn Law School, Public Law Research Paper No. 19-04
Number of pages: 41 Posted: 17 Jan 2019
Accepted Paper Series
Texas A&M University - Department of Political Science, Bucknell University and University of Pennsylvania
Downloads 8
4.

The Dynamic Impact of Periodic Review on Women’s Rights

Law and Contemporary Problems, Vol. 81, No. 4, Pg. 31, 2018, U of Penn Law School, Public Law Research Paper No. 19:03
Number of pages: 38 Posted: 17 Jan 2019
Accepted Paper Series
University of Minnesota - Twin Cities - Department of Political Science and University of Pennsylvania
Downloads 5
5.

Lowering Legal Barriers to RPKI Adoption

U of Penn Law School, Public Law Research Paper No. 19-02
Number of pages: 35 Posted: 02 Jan 2019 Last Revised: 09 Jan 2019
Working Paper Series
University of Pennsylvania Law School and University of Pennsylvania - Center for Technology, Innovation & Competition
Downloads 167
6.

Informed Consent and the Role of the Treating Physician

New England Journal of Medicine, Vol. 378(25), Pg. 2433, June 21, 2018, U of Penn Law School, Public Law Research Paper No. 19-01
Number of pages: 7 Posted: 28 Dec 2018
Accepted Paper Series
University of Pennsylvania Law School, Department of Medical Ethics and Health Policy, Perelman School of Medicine, University of Pennsylvania and University of Pennsylvania - Perelman School of Medicine
Downloads 23
7.

Certainty vs. Flexibility in the Conflict of Laws

In The Continuing Relevance of Private International Law and Its Challenges (F. Ferrari & D. Fernandez Arroyo eds., Elgar, Forthcoming 2019)., U of Penn Law School, Public Law Research Paper No. 18-40
Number of pages: 19 Posted: 18 Dec 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 54
8.

Constructive Ambiguity and Judicial Development of Insider Trading

SMU Law Review, Vol. 71, Pg. 749, 2018, U of Penn Law School, Public Law Research Paper No. 18-41
Number of pages: 19 Posted: 14 Dec 2018
Accepted Paper Series
University of Pennsylvania Law School - Institute for Law and Economics
Downloads 26
9.

Preserving Life by Ranking Rights

Albany Law Review, Vol. 82, Pg. 157, 2018/2019, U of Penn Law School, Public Law Research Paper No. 18-39
Number of pages: 82 Posted: 13 Dec 2018 Last Revised: 09 Jan 2019
Accepted Paper Series
University of Pennsylvania
Downloads 29
10.

Transparency and Algorithmic Governance

Administrative Law Review, Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-38
Number of pages: 49 Posted: 29 Nov 2018
Accepted Paper Series
University of Pennsylvania Law School and Penn Program on Regulation, University of Pennsylvania Law School
Downloads 156
11.

The Neuroscientific Non-Challenge to Meaning, Morals, and Purpose

In, Neuroexistentialism: Meaning, Morals, and Purpose in the Age of Neuroscience 333-357 (Gregg D. Caruso and Owen Flanagan eds., 2018)., U of Penn Law School, Public Law Research Paper No. 18-34
Posted: 13 Nov 2018
Accepted Paper Series
University of Pennsylvania Law School
12.

Just and Speedy: On Civil Discovery Sanctions for Luddite Lawyers

George Mason Law Review, Vol. 25, p. 36, 2017, U of Penn Law School, Public Law Research Paper No. 18-37
Number of pages: 42 Posted: 07 Nov 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 15
13.

Criminal Law and Addiction

The Routledge Handbook of Philosophy and Science of Addiction 540-53 (Hanna Pickard and Serge H. Ahmed, eds., 2019)., U of Penn Law School, Public Law Research Paper No. 18-35
Posted: 25 Oct 2018
Working Paper Series
University of Pennsylvania Law School
14.

The Promise of Neuroscience for Law: Hope or Hype?

In The Palgrave Handbook of Philosophy and Public Policy 77-96 (David Boonin ed., 2018), U of Penn Law School, Public Law Research Paper No. 18-36
Posted: 22 Oct 2018
Accepted Paper Series
University of Pennsylvania Law School
15.

'Second Looks, Second Chances': Collaborating with Lifers on a Video about Commutation of LWOP Sentences

University of Pennsylvania Journal of Law and Social Change, Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-33
Number of pages: 34 Posted: 16 Oct 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 37
16.

Judicious Imprisonment: Does Current Sentencing for Non-Violent Offenses Promote Political Legitimacy?

Number of pages: 54 Posted: 16 Oct 2018
Working Paper Series
University of Pennsylvania
Downloads 20
17.

James Wilson as the Architect of the American Presidency

Georgetown Journal of Law & Public Policy, Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-22
Number of pages: 39 Posted: 10 Oct 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 59
18.

Legal Mechanisms for Governing the Transition of Key Domain Name Functions to the Global Multi-Stakeholder Community

In Who Runs the Internet?: The Global Multi-Stakeholder Model of Internet Governance, Vol. 2, Pg. 67 (Centre on International Governance Innovation & Chatham House 2017)., U of Penn Law School, Public Law Research Paper No. 18-23
Number of pages: 12 Posted: 01 Oct 2018
Accepted Paper Series
Independent, Argo Pacific and University of Pennsylvania Law School
Downloads 15
19.

The Loving Story: Using a Documentary to Reconsider the Status of an Iconic Interracial Married Couple

Fordham Law Review, Vol. 86, Pg. 2635, 2018, U of Penn Law School, Public Law Research Paper No. 18-31
Number of pages: 13 Posted: 01 Oct 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 37
20.

Still Living After Fifty Years: A Census of Judicial Review Under the Pennsylvania Constitution of 1968

Rutgers Law Review, Vol. 71, 2019, Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-32
Number of pages: 140 Posted: 27 Sep 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 43
21.

Intersectionality and the Constitution of Family Status

Constitutional Commentary, Vol. 32, Pg. 377, 2017., U of Penn Law School, Public Law Research Paper No. 18-18
Number of pages: 37 Posted: 07 Sep 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 65
22.

Neurohype and the Law: A Cautionary Tale

In The Dark Side of Imaging (Amir Raz & Robert Thibault eds, Elsevier Forthcoming)., U of Penn Law School, Public Law Research Paper No. 18-30
Number of pages: 6 Posted: 06 Sep 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 106
23.

A General Mitigation for Disturbance-Driven Crimes? Psychic State, Personal Choice, and Normative Inquiries

U of Penn Law School, Public Law Research Paper No. 18-29
Number of pages: 22 Posted: 06 Sep 2018 Last Revised: 19 Oct 2018
Working Paper Series
University of Pennsylvania Law School
Downloads 70
24.

Legal Sufficiency of Statistical Evidence

George Mason Legal Studies Research Paper No. LS 18-29
Number of pages: 30 Posted: 05 Sep 2018 Last Revised: 27 Sep 2018
Working Paper Series
University of Pennsylvania Law School and George Mason University - School of Law
Downloads 108
25.

MAPPING AMERICAN CRIMINAL LAW: VARIATIONS ACROSS THE 50 STATES: Chapter One: Distributive Principles of Criminal Law

In MAPPING AMERICAN CRIMINAL LAW: VARIATIONS ACROSS THE 50 STATES (Praeger, 2018)., U of Penn Law School, Public Law Research Paper No. 18-28
Number of pages: 26 Posted: 28 Aug 2018
Accepted Paper Series
University of Pennsylvania Law School and University of Pennsylvania Law School - Student/Alumni/Adjunct
Downloads 35
26.

Baby M Turns 30: The Law and Policy of Surrogate Motherhood

American Journal of Law and Medicine, Vol. 44, P. 7, 2018, U of Penn Law School, Public Law Research Paper No. 18-26
Number of pages: 18 Posted: 27 Aug 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 48
27.

CRIMES THAT CHANGED OUR WORLD: TRAGEDY, OUTRAGE, AND REFORM: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes

In CRIMES THAT CHANGED OUR WORLD: TRAGEDY, OUTRAGE, AND REFORM (Rowman & Littlefield, 2018)., U of Penn Law School, Public Law Research Paper No. 18-27
Number of pages: 21 Posted: 23 Aug 2018 Last Revised: 28 Aug 2018
Accepted Paper Series
University of Pennsylvania Law School and Independent
Downloads 41
28.

Regulating E-Cigarettes: Why Policies Diverge

In THE LEGAL PROCESS AND THE PROMISE OF JUSTICE: STUDIES INSPIRED BY THE WORK OF MALCOLM FEELEY, (Hadar Aviram et al. eds., Cambridge University Press, 2018/2019, Forthcoming), U of Penn Law School, Public Law Research Paper No. 18-25
Number of pages: 51 Posted: 22 Aug 2018
Working Paper Series
University of Pennsylvania Law School
Downloads 43
29.

Law, Society, and Setsuo: Miyazawa's Influence on Socio-Legal Studies

In The Legal Process in Contemporary Japan: A Festschrift in Honor of Professor Setsuo Miyazawa’s 70th Birthday (Keiichi Ageishi, Hiroshi Otsuka, Katsuhiro Musashi and Mari Hirayama, eds., Tokyo, Shinzansha 2017)., U of Penn Law School, Public Law Research Paper No. 18-24,
Number of pages: 7 Posted: 13 Aug 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 21
30.

Bankruptcy's Uneasy Shift to a Contract Paradigm

University of Pennsylvania Law Review, Vol. 166, 2018, Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-21, Stanford Law and Economics Olin Working Paper No. 526
Number of pages: 44 Posted: 25 Jul 2018 Last Revised: 26 Oct 2018
Accepted Paper Series
University of Pennsylvania Law School and Stanford Law School
Downloads 86
31.

Shadow Vigilantes: How Distrust in the Justice System Breeds a New Kind of Lawlessness: Section III. The Subversions and Perversions of Shadow Vigilantism

In Paul H. Robinson and Sarah M. Robinson, SHADOW VIGILANTES: HOW DISTRUST IN THE JUSTICE SYSTEM BREEDS A NEW KIND OF LAWLESSNESS (Prometheus Books 2018), U of Penn Law School, Public Law Research Paper No. 18-20
Number of pages: 57 Posted: 11 Jul 2018
Accepted Paper Series
University of Pennsylvania Law School and Independent
Downloads 32
32.

'Long Past Time': CEDAW Ratification in the United States

Journal of Law and Public Affairs, Vol. 3, p. 16, 2018, U of Penn Law School, Public Law Research Paper No. 18-17
Number of pages: 43 Posted: 10 Jul 2018
Accepted Paper Series
University of Pennsylvania Law School and Milbank, Tweed, Hadley & McCloy
Downloads 19
33.

Women's Human Rights and Migration: Sex-Selective Abortion Laws in the United States and India

Asia-Pacific Journal on Human Rights and the Law, Vol. 19, p. 69, 2018, U of Penn Law School, Public Law Research Paper No. 18-19
Number of pages: 5 Posted: 06 Jul 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 26
34.

Choice of Law and Jurisdictional Policy in the Federal Courts

University of Pennsylvania Law Review, Vol. 165, P. 1847, 2017, U of Penn Law School, Public Law Research Paper No. 18-16
Number of pages: 49 Posted: 15 Jun 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 47
35.

Innovation and Tradition: A Survey of Intellectual Property and Technology Legal Clinics

Clinical Law Review, Vol. 25, p. 95, 2018, U of Penn Law School, Public Law Research Paper No. 18-13
Number of pages: 60 Posted: 25 May 2018 Last Revised: 21 Nov 2018
Accepted Paper Series
University of Pennsylvania Law School and American University - Washington College of Law
Downloads 255
36.

A Brief Summary and Critique of Criminal Liability Rules for Intoxicated Conduct

Journal of Criminal Law Vol. 82, Pg. 381, 2018, U of Penn Law School, Public Law Research Paper No. 18-15
Number of pages: 8 Posted: 24 May 2018 Last Revised: 03 Dec 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 76
37.

Rights and Retrenchment in the Trump Era

Fordham Law Review, Vol. 87, Pg. 37, 2018, U of Penn Law School, Public Law Research Paper No. 18-12, UC Berkeley Public Law Research Paper
Number of pages: 29 Posted: 24 May 2018 Last Revised: 07 Nov 2018
Accepted Paper Series
University of Pennsylvania Law School and U.C. Berkeley Law School
Downloads 41
38.

Military Justice: a Very Short Introduction (Book Review)

Journal of National Security Law & Policy, Vol. 10, 2018 Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-14
Number of pages: 6 Posted: 23 May 2018 Last Revised: 30 Sep 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 40
39.

Reforming the Pentagon: Reflections on How Everything Became War and the Military Became Everything

Temple International & Comparative Law Journal, Vol. 32, Pg. 69, 2018, U of Penn Law School, Public Law Research Paper No. 18-11
Number of pages: 10 Posted: 13 Apr 2018 Last Revised: 01 Dec 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 38
40.

Terry Stops and Frisks: The Troubling Use of Common Sense in a World of Empirical Data

Ohio State Law Journal, Vol. 79, p. 501, 2018, U of Penn Law School, Public Law Research Paper No. 18-10, U. of Pittsburgh Legal Studies Research Paper No. 2018-07
Number of pages: 46 Posted: 04 Apr 2018 Last Revised: 15 Nov 2018
Accepted Paper Series
University of Pennsylvania Law School and University of Pittsburgh - School of Law
Downloads 104
41.

The Operational and Administrative Militaries

Georgia Law Review, Vol. 53, forthcoming 2019, U of Penn Law School, Public Law Research Paper No. 18-8
Number of pages: 68 Posted: 28 Mar 2018 Last Revised: 27 Aug 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 139
42.

Petitioning and the Making of the Administrative State

Yale Law Journal, Vol.127, p. 1538, 2018, U of Penn Law School, Public Law Research Paper No. 18-9
Number of pages: 101 Posted: 28 Mar 2018 Last Revised: 10 May 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 399
43.

Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?

Washington University Law Review, Vol. 96, Pg. 441, 2018, U of Penn Law School, Public Law Research Paper No. 18-7
Number of pages: 55 Posted: 15 Mar 2018 Last Revised: 05 Dec 2018
Accepted Paper Series
University of Pennsylvania Law School and University of Maryland - Francis King Carey School of Law
Downloads 91
44.

Capturing the Regulatory Agenda: An Empirical Study of Agency Responsiveness to Rulemaking Petitions

Harvard Environmental Law Review, Vol. 43, Spring 2019 Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-6
Number of pages: 45 Posted: 12 Mar 2018 Last Revised: 23 Aug 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 57
45.

Anthony Kennedy: A Most Principled Justice

U of Penn Law School, Public Law Research Paper No. 18-5
Number of pages: 68 Posted: 05 Mar 2018 Last Revised: 27 Jul 2018
Accepted Paper Series
University of Pennsylvania Law School and University of Pennsylvania Law School - Student/Alumni/Adjunct
Downloads 275
46.

The Self-Delegation False Alarm: Analyzing Auer Deference's Effect on Agency Rules

119 Colum. L. Rev. 1 (2018), U of Penn Law School, Public Law Research Paper No. 18-3
Number of pages: 79 Posted: 21 Feb 2018 Last Revised: 12 Dec 2018
Accepted Paper Series
University of Pennsylvania Law School
Downloads 167
47.

Class Actions, Statutes of Limitations and Repose, and Federal Common Law

University of Pennsylvania Law Review, Vol. 167, Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-4
Number of pages: 70 Posted: 16 Feb 2018 Last Revised: 03 Jan 2019
Accepted Paper Series
University of Pennsylvania Law School and University of Pennsylvania Law School
Downloads 59
48.

Class Actions, Statutes of Limitations and Repose, and Federal Common Law

University of Pennsylvania Law Review, Vol. 167, P. 1, 2018, U of Penn Law School, Public Law Research Paper No. 18-4
Number of pages: 70 Posted: 16 Feb 2018
Accepted Paper Series
University of Pennsylvania Law School and University of Pennsylvania Law School
49.

Root Cause Analysis: A Tool to Promote Officer Safety and Reduce Officer Involved Shootings Over Time

Villanova Law Review, Vol. 62, P. 883, 2017, U of Penn Law School, Public Law Research Paper No. 18-1
Number of pages: 43 Posted: 22 Jan 2018 Last Revised: 26 Jan 2018
Accepted Paper Series
University of Pennsylvania Law School - Quattrone Center for the Fair Administration of Justice, Independent and Police Protective & Benevolent Association of Illinois
Downloads 92
50.

From the History to the Theory of Administrative Constitutionalism

In Administrative Law from the Inside Out: Essays on Themes in the Work of Jerry L. Mashaw (Nicholas R. Parrillo ed., Cambridge 2017)., U of Penn Law School, Public Law Research Paper No. 17-52
Number of pages: 26 Posted: 01 Dec 2017
Accepted Paper Series
University of Pennsylvania Law School
Downloads 155