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

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Viewing: 1 - 50 of 666 papers

1.

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: 20 Jan 2020
Accepted Paper Series
University of Pennsylvania Law School
Downloads 51
2.

Christianity and Bankruptcy

Forthcoming In CHRISTIANITY AND MARKET REGULATION (Daniel Crane & Samuel Gregg eds., Cambridge University Press 2020)., U of Penn Law School, Public Law Research Paper No. 20-02
Number of pages: 30 Posted: 06 Jan 2020
Accepted Paper Series
University of Pennsylvania Law School
Downloads 47
3.

Bruised Soul of the Artist: A Tribute to Sheldon W. Halpern

Ohio State Law Journal, Vol. 78, Pg. 261, 2017, U of Penn Law School, Public Law Research Paper No. 19-20
Number of pages: 13 Posted: 05 Jan 2020
Accepted Paper Series
University of Pennsylvania Law School
Downloads 13
4.

How Criminal Code Drafting Form Can Restrain Prosecutorial and Legislative Excesses: Consolidated Offense Drafting

U of Penn Law School, Public Law Research Paper No. 20-01
Number of pages: 21 Posted: 29 Dec 2019
Working Paper Series
University of Pennsylvania Law School, Ballard Spahr LLP and University of Pennsylvania
Downloads 26
5.

Dimensions of Delegation

167 U. Pa. L. Rev. 1849 (2019), U of Penn Law School, Public Law Research Paper No. 19-42
Number of pages: 43 Posted: 20 Dec 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 62
6.

AI in Adjudication and Administration: A Status Report on Governmental Use of Algorithmic Tools in the United States

U of Penn Law School, Public Law Research Paper No. 19-41
Number of pages: 38 Posted: 10 Dec 2019
Working Paper Series
University of Pennsylvania Law School and Penn Program on Regulation, University of Pennsylvania Law School
Downloads 120
7.

The Point Isn’t Moot: How Lower Courts Have Blessed Government Abuse of the Voluntary-Cessation Doctrine

Yale Law Journal, Forthcoming
Number of pages: 16 Posted: 24 Nov 2019
Accepted Paper Series
University of Virginia School of Law and The Becket Fund for Religious Liberty
Downloads 30
8.

The Uncopyrightability of Edicts of Government

U of Penn Law School, Public Law Research Paper No. 19-40, UC Berkeley Public Law Research Paper
Number of pages: 30 Posted: 31 Oct 2019 Last Revised: 13 Nov 2019
Working Paper Series
University of Pennsylvania Law School and University of California, Berkeley - School of Law
Downloads 32
9.

Gender-Identity Protection, Trade, and the Trump Administration: A Tale of Reluctant Progressivism

Yale Law Journal Forum, Vol. 129, P. 44, 2019, U of Penn Law School, Public Law Research Paper No. 19-39
Number of pages: 21 Posted: 12 Oct 2019
Accepted Paper Series
University of Pennsylvania Law School and University of Pennsylvania, Law School, Students
Downloads 8
10.

The Recommendations Clause and the President's Role in Legislation

168 U. Pa. L. Rev. (Feb. 2020 Forthcoming)
Number of pages: 59 Posted: 08 Oct 2019
Accepted Paper Series
University of Pennsylvania Law School, Students
Downloads 24
11.

On Environmental Law, Climate Change & National Security Law

Harvard Environmental Law Review, Vol. 44, 2020, Forthcoming, U of Penn Law School, Public Law Research Paper No. 19-36
Number of pages: 41 Posted: 19 Sep 2019 Last Revised: 08 Dec 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 100
12.

The Interior Structure of Immigration Enforcement

167 University of Pennsylvania Law Review 1463 (2019)
Number of pages: 50 Posted: 17 Sep 2019
Accepted Paper Series
University of North Carolina School of Law
Downloads 85
13.

The Semi-Autonomous Administrative State

Based on remarks delivered on a plenary panel at the 2018 Federalist Society’s National Lawyers Convention, U of Penn Law School, Public Law Research Paper No. 19-35, Panel's full transcript at: University of Dayton Law Review, Vol. 44, Pg. 319, 2019,
Number of pages: 6 Posted: 16 Sep 2019 Last Revised: 17 Oct 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 66
14.

Applying Sentinel Event Reviews to Policing

Criminology & Public Policy, vol. 18, p. 705, 2019, U of Penn Law School, Public Law Research Paper No. 19-34, Duke Law School Public Law & Legal Theory Series No. 2019-63
Number of pages: 37 Posted: 06 Sep 2019 Last Revised: 30 Sep 2019
Accepted Paper Series
University of Pennsylvania Law School - Quattrone Center for the Fair Administration of Justice and Duke University School of Law
Downloads 31
15.

McCulloch v. Marbury

Constitutional Commentary, Vol. 34, p. 263, 2019, U of Penn Law School, Public Law Research Paper No. 19-33
Number of pages: 50 Posted: 03 Sep 2019
Accepted Paper Series
University of Pennsylvania Law School and University of Pennsylvania Law School - Student/Alumni/Adjunct
Downloads 98
16.

Politics, Identity, and Class Certification on the U.S. Courts of Appeals

U of Penn Law School, Public Law Research Paper No. 19-32
Number of pages: 56 Posted: 17 Aug 2019
Working Paper Series
University of Pennsylvania Law School and U.C. Berkeley Law School
Downloads 117
17.

After the Crime: Rewarding Offenders’ Positive Post-Offense Conduct

U of Penn Law School, Public Law Research Paper No. 19-30
Number of pages: 19 Posted: 08 Aug 2019
Working Paper Series
University of Pennsylvania Law School and University of Pennsylvania
Downloads 71
18.

Against the Received Wisdom: Why Should the Criminal Justice System Give Kids a Break?

Criminal Law & Philosophy, Forthcoming, U of Penn Law School, Public Law Research Paper No. 19-29
Number of pages: 18 Posted: 09 Jul 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 80
19.

The Opposite of Punishment: Imagining a Path to Public Redemption

U of Penn Law School, Public Law Research Paper No. 19-27
Number of pages: 22 Posted: 19 Jun 2019
Working Paper Series
University of Pennsylvania Law School and University of Pennsylvania
Downloads 146
20.

Health Care's Market Bureaucracy

UCLA Law Review, Vol. 66, Forthcoming , U of Penn Law School, Public Law Research Paper No. 19-28
Number of pages: 88 Posted: 12 Jun 2019 Last Revised: 15 Aug 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 128
21.

Our Administered Constitution: Administrative Constitutionalism from the Founding to the Present

University of Pennsylvania Law Review, Vol. 167, Pg. 1699, 2019, U of Penn Law School, Public Law Research Paper No. 19-26
Number of pages: 51 Posted: 12 Jun 2019 Last Revised: 12 Dec 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 196
22.

Animal Agriculture Liability for Climatic Nuisance: A Path Forward for Climate Change Litigation?

44 Colum. J. Envtl. L. 299 (2019)
Number of pages: 41 Posted: 04 Jun 2019
Accepted Paper Series
The Pennsylvania State University (University Park) – Penn State Law
Downloads 38
23.

Autonomy

70 University of Toronto Law Journal (Forthcoming in 2020), U of Penn Law School, Public Law Research Paper No. 19-25
Number of pages: 44 Posted: 29 May 2019 Last Revised: 05 Dec 2019
Accepted Paper Series
University of Pennsylvania Law School and Israel Supreme Court
Downloads 135
24.

The Genius of Common Law Intellectual Property

Journal of Legal Studies, Vol. 48, 2019, Forthcoming, U of Penn Law School, Public Law Research Paper No. 19-22
Number of pages: 17 Posted: 19 Apr 2019 Last Revised: 22 May 2019
Working Paper Series
University of Pennsylvania Law School
Downloads 64
25.

Private Law Statutory Interpretation

Southern California Law Review, Vol. 92, 2019, Forthcoming, U of Penn Law School, Public Law Research Paper No. 19-23
Number of pages: 25 Posted: 19 Apr 2019 Last Revised: 25 May 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 28
26.

Reconsidering Judicial Independence: Forty-Five Years in the Trenches and in the Tower

University of Pennsylvania Law Review Online, Vol. 168, 2019, U of Penn Law School, Public Law Research Paper No. 19-19
Number of pages: 18 Posted: 18 Apr 2019 Last Revised: 21 Jun 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 102
27.

Codifying a Sharia-based Criminal Law in Developing Muslim Countries

U of Penn Law School, Public Law Research Paper No. 19-15
Number of pages: 9 Posted: 04 Apr 2019
Working Paper Series
University of Pennsylvania Law School
Downloads 54
28.

Copyright As Legal Process: The Transformation of American Copyright Law

University of Pennsylvania Law Review, Vol. 168, 2020, Forthcoming, U of Penn Law School, Public Law Research Paper No. 19-12
Number of pages: 75 Posted: 03 Apr 2019 Last Revised: 05 Apr 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 52
29.

Censorial Copyright

Vanderbilt Law Review, Vol. 73, 2020, Forthcoming , U of Penn Law School, Public Law Research Paper No. 19-17
Number of pages: 67 Posted: 03 Apr 2019 Last Revised: 05 Apr 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 85
30.

Do Self-Reporting Regimes Matter? Evidence From the Convention Against Torture

International Studies Quarterly (2019, Forthcoming)., U of Penn Law School, Public Law Research Paper No. 19-16
Number of pages: 48 Posted: 05 Mar 2019
Working Paper Series
University of Pennsylvania and University of Minnesota - Twin Cities - Department of Political Science

Multiple version iconThere are 2 versions of this paper

Downloads 67
31.

Measuring Norms and Normative Contestation: The Case of International Criminal Law

Journal of Global Security Studies, vol. 4, p. 18, 2019, U of Penn Law School, Public Law Research Paper No. 19-13
Number of pages: 54 Posted: 01 Mar 2019
Accepted Paper Series
University of Pennsylvania and Texas A&M University - Department of Political Science
Downloads 36
32.

Mitigations: The Forgotten Side of the Proportionality Principle

U of Penn Law School, Public Law Research Paper No. 19-14
Number of pages: 46 Posted: 01 Mar 2019
Working Paper Series
University of Pennsylvania Law School
Downloads 105
33.

Human Rights and Human Welfare: Looking for a ‘Dark Side’ to International Human Rights Law

In: The Future of Human Rights 60-87 (Jack Snyder et al. eds., Cambridge University Press, 2018)., U of Penn Law School, Public Law Research Paper No. 19-08
Number of pages: 36 Posted: 27 Feb 2019
Accepted Paper Series
University of Pennsylvania and Harvard University - Department of Government
Downloads 108
34.

Divided by the Sermon on the Mount

Pepperdine Law Review, Forthcoming, U of Penn Law School, Public Law Research Paper No. 19-09
Number of pages: 27 Posted: 14 Feb 2019
Accepted Paper Series
University of Pennsylvania Law School
Downloads 58
35.

Procedural Fairness in Antitrust Enforcement: The U.S. Perspective

In ANTITRUST PROCEDURAL FAIRNESS (D. Daniel Sokol & Andrew Guzman eds., Oxford University Press 2019, Forthcoming)., U of Penn Law School, Public Law Research Paper No. 18-43
Number of pages: 24 Posted: 08 Feb 2019
Working Paper Series
University of Pennsylvania Law School and University of Pennsylvania
Downloads 51
36.

Borders Rules

International Studies Review (2019, Forthcoming)., U of Penn Law School, Public Law Research Paper No. 19-07
Number of pages: 47 Posted: 31 Jan 2019
Accepted Paper Series
University of Pennsylvania
Downloads 99
37.

The Power of Ranking: The Ease of Doing Business Indicator and Global Regulatory Behavior

International Organization, Forthcoming, U of Penn Law School, Public Law Research Paper No. 19-05
Number of pages: 51 Posted: 22 Jan 2019
Accepted Paper Series
Brookings Institution, Duke University - Trinity College of Arts & Sciences and University of Pennsylvania
Downloads 145
38.

Introduction: The Power of Global Performance Indicators

International Organization, Forthcoming, U of Penn Law School, Public Law Research Paper No. 19-06
Number of pages: 29 Posted: 20 Jan 2019
Accepted Paper Series
Duke University - Trinity College of Arts & Sciences and University of Pennsylvania
Downloads 67
39.

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 43
40.

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 31
41.

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 230
42.

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 58
43.

Certainty vs. Flexibility in the Conflict of Laws

Private International Law: Contemporary Challenges and Continuing Relevance (F. Ferrari & D. Fernández Arroyo eds., Elgar 2019)., U of Penn Law School, Public Law Research Paper No. 18-40,
Number of pages: 19 Posted: 18 Dec 2018 Last Revised: 02 Jan 2020
Accepted Paper Series
University of Pennsylvania Law School
Downloads 182
44.

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, European Corporate Governance Institute
Downloads 45
45.

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 42
46.

Transparency and Algorithmic Governance

Administrative Law Review, Vol. 71, P. 1, 2019, U of Penn Law School, Public Law Research Paper No. 18-38
Number of pages: 56 Posted: 29 Nov 2018 Last Revised: 18 Apr 2019
Accepted Paper Series
University of Pennsylvania Law School and Penn Program on Regulation, University of Pennsylvania Law School
Downloads 560
47.

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
48.

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 21
49.

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
50.

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