Eric A. Feldman

University of Pennsylvania Carey Law School

Deputy Dean for International Programs & Heimbold Professor of International Law

3501 Sansom Street

Philadelphia, PA 19104

United States

  • University of Pennsylvania Carey Law School

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    • Tel: 215-573-6400
    • Fax: 215-573-2025
SCHOLARLY PAPERS

21

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22

Scholarly Papers (21)

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1.

The Tuna Court: Law and Norms in the World's Premier Fish Market

California Law Review, Vol. 94, Pg. 313, 2006, U of Penn Law School, Public Law Working Paper No. 06-01, U of Penn, Inst for Law & Econ Research Paper No. 06-10
Number of pages: 66 Posted: 05 Apr 2006 Last Revised: 22 Jul 2009
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 627 (58,732)
Citation 2

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Law, norms, Japan, informal/formal, dispute resolution

2.

The Culture of Legal Change: A Case Study of Tobacco Control in Twenty-First Century Japan

Michigan Journal of International Law, Vol. 27, p. 743, 2006, U of Penn Law School, Public Law Working Paper No. 06-10, U of Penn, Inst for Law & Econ Research Paper No. 06-18
Number of pages: 79 Posted: 25 Apr 2006 Last Revised: 19 Jun 2009
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 435 (91,996)

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legal change, legal culture, Japan, tobacco

3.

Law, Culture, and Conflict: Dispute Resolution in Postwar Japan

U of Penn Law School, Public Law Research Paper No. 07-16
Number of pages: 31 Posted: 15 Apr 2007
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 403 (100,528)

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dispute resolution, Japan, informal solutions to conflict, Takeyoshi Kawashima, Dispute Resolution in Contemporary Japan, legal system reform

4.

Legal Reform in Contemporary Japan

U of Penn Law School, Public Law Research Paper No. 07-17, EMERGING RIGHTS IN JAPANESE LAW, Harry Scheiber and Laurent Mayali, eds., Berkeley: UC Press, 2007
Number of pages: 23 Posted: 18 Apr 2007
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 381 (107,236)

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Japan, Japanese, legal system reform, goals, indigenous process and practices

5.

Fukushima: Catastrophe, Compensation, and Justice in Japan

DePaul Law Review, Vol. 62, p. 335, 2013, U of Penn Law School, Public Law Research Paper No. 13-7
Number of pages: 23 Posted: 17 Apr 2013
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 276 (151,359)

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natural disasters, earthquakes, tsunami, environment, nuclear energy, electric power, damages, victim compensation, comparative law

6.

Assuming the Risk: Tort Law, Policy, and Politics on the Slippery Slopes

DePaul Law Review, Vol. 59, Pg. 259, 2010, U of Penn Law School, Public Law Research Paper No. 10-02
Number of pages: 45 Posted: 27 Dec 2009 Last Revised: 10 Aug 2010
Eric A. Feldman and Alison I. Stein
University of Pennsylvania Carey Law School and United States Court of Appeals for the Third Circuit
Downloads 192 (214,072)

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torts, accident and injury law, assumption of the risk, risks, risky activities, ski accidents, insurance, ski safety statutes, political and economic interests, individual freedom, duty of care to act reasonably

7.

Compensating the Victims of Japan's 3-11 Fukushima Disaster

Asian-Pacific Law & Policy, Journal Vol. 16, P. 127, 2015, U of Penn Law School, Public Law Research Paper No. 16-7
Number of pages: 32 Posted: 27 Feb 2016
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 181 (225,296)

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Torts, natural disasters, victim compensation claims, nuclear energy, Fukushima, Japan, tsunami, earthquake, damages, insurance, social insurance

8.

The Genetic Information Nondiscrimination Act (GINA): Public Policy and Medical Practice in the Age of Personalized Medicine

Journal of General Internal Medicine, 2012 , U of Penn Law School, Public Law Research Paper No. 12-13
Number of pages: 14 Posted: 18 Feb 2012
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 166 (242,408)

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Health law and policy, genetics, law, policy, personalized medicine, discrimination, bioethics

9.

The Triumph and Tragedy of Tobacco Control: A Tale of Nine Nations

Downloads 161 (248,735)

The Triumph and Tragedy of Tobacco Control: A Tale of Nine Nations

Annual Review of Law & Social Science, Vol. 7, p. 79, 2011, U of Penn Law School, Public Law Research Paper No. 11-41
Number of pages: 25 Posted: 23 Dec 2011
Eric A. Feldman and Ronald Bayer
University of Pennsylvania Carey Law School and Columbia University - Mailman School of Public Health
Downloads 161 (249,200)

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Public health law and policy, smoking, social gradient, comparative law, cigarettes, tobacco control, consumption

The Triumph and Tragedy of Tobacco Control: A Tale of Nine Nations

Annual Review of Law and Social Science, Vol. 7, pp. 79-100, 2011
Posted: 10 Jan 2012
Eric A. Feldman and Ronald Bayer
University of Pennsylvania Carey Law School and Columbia University - Mailman School of Public Health

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10.

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
Eric A. Feldman, Holly Fernandez Lynch and Steven Joffe
University of Pennsylvania Carey 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 141 (276,859)

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Health law, ethics, human rights, medical treatment options, informed consent policies & practices, Pennsylvania Medical Care Availability and Reduction of Error Act, MCARE, Shinal v. Toms, responsibility for obtaining consent, agent, specialization, nondelegable duty, team-based health care system

11.

No Alternative: Resolving Disputes Japanese Style

In Dispute Resolution--Alternatives to Formalization, Formalization of Alternatives (Moritz Bälz & Joachim Zekoll eds., Brill 2014), U of Penn Law School, Public Law Research Paper No. 15-9
Number of pages: 20 Posted: 09 Jun 2015
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 137 (283,089)

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Comparative law, cross-cultural comparison, dispute settlement, wakai, judicial dispute resolution, mediation, arbitration, legal profession, lawyers, judges, caseload, clearance, disaster victim compensation

12.

Natural Disasters, Nuclear Disasters, and Global Governance

In COMPARATIVE LAW AND REGULATION, David Zaring and Francesca Bignami eds., 2015 Forthcoming, U of Penn Law School, Public Law Research Paper No. 15-10
Number of pages: 55 Posted: 12 Jun 2015
Eric A. Feldman and Chelsea Fish
University of Pennsylvania Carey Law School and University of Pennsylvania Law School - Student
Downloads 129 (296,275)

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Transnational legal norms, Terence C. Halliday, David Shaffer, TLO, disaster management, emergency relief, victim compensation, risk, prediction, preparedness, Japan, Fukushima nuclear reactor accident, France, insurance, September 11 terrorist attack, 9/11

13.

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
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 122 (308,765)

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Family law, contract law, bioethics, assisted reproductive technology law & policy, surrogacy agreement, gestational surrogate, unequal power of contracting parties, prohibition, minimization of possible exploitation, eligibility, intended parenthood, parentage principles, uniform regulation

14.

Layers of Law: The Case of E-Cigarettes

Florida International University Law Review, Vol. 10, P. 111, 2014, U of Penn Law School, Public Law Research Paper No. 15-24
Number of pages: 22 Posted: 09 Aug 2015 Last Revised: 08 Apr 2016
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 114 (324,045)
Citation 1

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E-cigarettes, e-cigs, vaporizers, vaping, e-juice, tobacco substitutes, resurgence of smoking, denormalization, tobacco control policy, public health, FDA, marketing, advertising, Japanese regulation

15.

E-Cigarette Regulation in China: The Road Ahead

Asian Law Review, Vol. 11, P. 409, 2016, U of Penn Law School, Public Law Research Paper No. 16-49
Number of pages: 31 Posted: 02 Dec 2016
Eric A. Feldman and Yue Chai
University of Pennsylvania Carey Law School and Tsinghua University, School of Law
Downloads 105 (342,805)

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Chinese health law and policy, electronic cigarettes, vaping, smoking, advertising, marketing, promotion, labeling, consumer protection, public health, taxation

16.

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
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 99 (356,332)

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Public health law & regulation, comparative law, tobacco, e-cigarettes, vaping, policy analysis, United States, Japan, China, social justice, health impact, lack of scientific consensus, economic & political interests, courts as a source of policy divergence, Malcolm Feeley

17.

Health Insurance, Employment, and the Human Genome: Genetic Discrimination and Biobanks in the United States

In COMPARATIVE ISSUES IN THE GOVERNANCE OF RESEARCH BIOBANKS: PROPERTY, PRIVACY, INTELLECTUAL PROPERTY, AND THE ROLE OF TECHNOLOGY, Giovanni Pascuzzi et al, eds., Springer 2013, U of Penn Law School, Public Law Research Paper No. 15-8
Number of pages: 12 Posted: 09 Jun 2015
Eric A. Feldman and Chelsea Darnell
University of Pennsylvania Carey Law School and Independent
Downloads 72 (430,321)

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Genetic Information Nondiscrimination Act (GINA), employment and insurance law, genetics research, risk profiles and classification, fair discrimination, Norman-Bloodsaw v. Lawrence Berkeley Laboratory, Burlington Northern Santa Fe Railroad Company v. EEOC

18.

Shots for Tots?

Hastings Center Report, Vol. 43:3, p. 34, 2013, U of Penn Law School, Public Law Research Paper No. 15-11
Number of pages: 3 Posted: 13 Jun 2015
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 29 (621,000)

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Medical ethics, Vaccine, vaccination, Sarah R. Leiber, Joseph Millumethics, smoking, behavior modification, parental control, medical coercion, medical manipulation of children’s choices, self-destructive decisions

19.

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
Eric A. Feldman
University of Pennsylvania Carey Law School
Downloads 27 (633,747)

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Japan, Japanese Law, Empirical and Comparative Law and Society Scholarship, Reforming the Japanese Legal System, Building Institutions to Promote-Socio-Legal Research in and About Asia, Setsuo Miyazawa, leadership, inspiration

20.

The Landscape of Japanese Tobacco Policy: Law, Smoking and Social Change

Posted: 12 Oct 2002
Eric A. Feldman
University of Pennsylvania Carey Law School

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21.

Blood Justice: Courts, Conflict, and Compensation in Japan, France, and the Us

Posted: 12 Jun 2000
Eric A. Feldman
University of Pennsylvania Carey Law School

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