Content Posted in 2020 | Penn Law: Legal Scholarship Repository | University of Pennsylvania Carey Law School Research

Skip to main content

Content Posted in 2020

23PolicemenAndMe: Analyzing the Constitutional Implications of Police Use of Commercial DNA Databases, Evan Frohman

A Babe in the Woods: An Essay on Kirby Lumber and the Evolution of Corporate Law, Lawrence Hamermesh

Abandoning Corporate Ontology: Original Economic Principles and the Constitutional Corporation, Owen Alderson

A Brief Overview of the NEBULA Future Internet Architecture, Tom Anderson, Ken Birman, Robert Broberg, Matthew Caesar, Douglas Comer, Chase Cotton, Michael J. Freedman, Andreas Haeberlen, Zachary G. Ives, Arvind Krishnamurthy, William Lehr, Boon Thau Loo, David Mazieres, Antonio Nicolosi, Jonathan M. Smith, Ion Stoica, Robbert van Renesse, Michael Walfish, Hakim Weatherspoon, and Christopher S. Yoo

Addicted to the War on Drugs, Brendan Walden

Addiction as Capabilities Failure, Jennifer Prah Ruger and Kara Zhang

A Dose of Color, A Dose of Reality: Contextualizing Intentional Tort Actions with Black Documentaries, Regina Austin

A Formulaic Recitation Will Not Do: Why the Federal Rules Demand More Detail in Criminal Pleading, Charles Eric Hintz

A Functional Approach to Municipal Policymaker Determinations in Section 1983, Karen Lott

AI in Adjudication and Administration, Cary Coglianese and Lavi M. Ben Dor

A Lesson from Startups: Contracting Out of Shareholder Appraisal, Jill E. Fisch

Algorithmic Competition, Trade and Investment: The CFIUS as Privacy Regulator, Salil K. Mehra

Altering Gender Markers on Government Identity Documents: Unpredictable, Burdensome, and Oppressive, Megan Brodie Maier

Alternative Data Accumulation, Investment Management and the Ever-Present Spectre of Insider Trading Liability–Should Hedge Funds Be Concerned About Trading on Scraped Data?, Florian N. Kamp

An Analysis of §363(b) Sales: Justified Deviations or Just Deviations?, Ashley Suarez

An Essay on Pluralism in Financial Market Infrastructure Design: The Case of Securities Holding in the United States, Charles W. Mooney Jr.

A New (Republican) Litigation State?, Stephen B. Burbank and Sean Farhang

Announcement of 2020 Edwin R. Keedy Cup

Announcement of Alicia Hilton: "Double Jeopardy Post-Gamble" (1/22/20)

Announcement of American Constitution Society and Law Students for a Democratic Society Discussion: "Weaponization of the First Amendment" (11/16/20)

Announcement of American Constitution Society and Law Students for a Democratic Society Panel Discussion: "A DIscussion on Disability Rights" (11/16/20)

Announcement of American Constitution Society Discussion: Abdul El-Sayed and Allison Hoffman: "Progressive Policymaking During a Pandemic" (10/1/20)

Announcement of Caroline Zelaznik Gruss and Joseph S. Gruss Lecture in Talmudic Civil Law: Benjamin Porat: "The Biblical Struggle for Social Justice: New Perspectives" (2/6/20)

Announcement of Caroline Zelaznik Gruss and Joseph S. Gruss Workshop: Benjamin Porat: "Evaluating Bodily Injury: Human Nature and Social Structure" (2/20/20)

Announcement of Center for Ethics & the Rule of Law and Penn Program on Regulation Book Talk: Michael Kearns and Aaron Roth: "The Ethical Algorithm: The Science of Socially Aware Algorithm Design" (1/29/20)

Announcement of Center for Ethics & the Rule of Law Book Talk: Aziz Z. Huq & Tom Ginsburg: "How To Save A Constitutional Democracy" (9/24/20)

Announcement of Center for Ethics & the Rule of Law Book Talk: Barton Gellman: "Dark Mirror: Edward Snowden and the American Surveillance State (10/29/20)

Announcement of Center for Ethics & the Rule of Law Book Talk: James R. Clapper: "Facts and Fears: Hard Truths from a Life in Intelligence" (2/27/20)

Announcement of Center for Ethics & the Rule of Law Conference: "Circling the Arctic: Security and the Rule of Law in a Changing North" (10/1-3/20)

Announcement of Center for Ethics & the Rule of Law Conference: "Protecting Democracy: Foreign Interference, Voter Confidence, and Defensive Strategies in the 2020 Elections and Beyond" (9/17/20)

Announcement of Center for Ethics & the Rule of Law Conference: "Twenty Years of Women, Peace, and Security Initiatives: Are We Doing Better?" (2/11/20)

Announcement of Center for Ethics & the Rule of Law Film Screening and Panel Discussion: "The Report"

Announcement of Center for Technology, Innovation and Competition Fireside Chat: Andre Iancu (10/19/20)

Announcement of Center for Technology, Innovation and Competition Law & Technology Scholarship Colloquium: Gideon Parchomovsky: "Two Conceptions of Fair Use" (2/19/20)

Announcement of Center for Technology, Innovation and Competition Law & Technology Scholarship Colloquium: Jennifer Rothman: "The First Amendment and the Right(s) of Publicity" (2/12/20)

Announcement of Center for Technology, Innovation and Competition Law & Technology Scholarship Colloquium: Tai Zarsky: "Optimizing Breach Notification" (3/4/20)

Announcement of Center for Technology, Innovation and Competition Panel Discussion: "Current and Emerging Issues in Law and Technology Fall 2020" (9/22/20)

Announcement of Center for Technology, Innovation and Competition Panel Discussion: "The Economics of Digital Services" (10/21/20)

Announcement of Center for Technology, Innovation and Competition Panel DIscussion: "The Rise of Antitrust Scrutiny of Big Tech: Transatlantic Perspectives" (2/18/20)

Announcement of Center for Technology, Innovation and Competition Panel Discussion: "Year in Review: Law and Technology" (3/23/20)

Announcement of Chancery Court Program: "Cross-Border Deal Dynamics in A Fragmenting World: Regulatory Protectionism, Global Sustainability and Worker Concerns, Chinese State-Sponsored Enterprises, and Brexit"" (3/17/20)

Announcement of "Coding for Lawyers" (4/21/20)

Announcement of Daniel Benjamin: "Social-Science Genomics: A Primer and Progress Report" (3/5/20)

Announcement of Documentaries & the Law Lecture on Media and the First Amendment: Particia Roberts-Miller & Seth Kreimer: "Dialogue on Demagoguery and Free Speech" (2/20/20)

Announcement of Eric Helland: "The Effects of Product Liability on Safety: Evidence from Pharmaceutical Litigation" (2/20/20)

Announcement of "Expanding Scope of Practice After COVID-19" (11/20/20)

Announcement of Federalist Society Book Event: Ilan Wurman: "The Second Founding: An Introduction to the Fourteenth Amendment" (9/17/20)

Announcement of Future of the Legal Profession Initiative Virtual Conference: "Reimagining the Future of the Legal Profession" (7/29/20 - 8/12/20)

Announcement of Future of the Profession Initiative Conference: "Law 2030: A Global Conversation about the Future of the Profession" (2/27-28/20)

Announcement of Global Conversation: Leon Gwaka: "Digital Technology in Zimbabwe in a Deepening Economic Crisis" (11/24/20)

Announcement of Graduates of the Last Decade Event: "Beyond BigLaw: Career Transitions" (12/3/20)

Announcement of Haleh Esfandiari: "A 30-Minute Fireside Chat on Iran" (1/14/20)

Announcement of Institute for Law and Economics Conference on Racial Equity in Corporate Governance: "How Can We Increase Racial Diversity in the C-Suite and Boardroom?" (10/29/20)

Announcement of Institute for Law and Economics Conference on Racial Equity in Corporate Governance: "What Can the C-Suite and Boardroom Do to Promote a More Inclusive Workforce and Racial Equity?" (11/16/20)

Announcement of Institute for Law and Economics Conference on Racial Equity in Corporate Governance: "What (If Anything) Can a Rebalanced System of Corporate Governance Do to Promote Racial Equity?" (1/14/21)

Announcement of Institute for Law and Economics Panel Discussion: "Benefiting Investors in the Short and Long Term Through Vigorous and Nimble Enforcement" (9/17/20)

Announcement of Institute for Law and Economics Panel Discussion: "Puerto Rico in Crisis: Then, Now, and Looking Ahead" (9/30/20)

Announcement of International Women's Human Rights Roundtable: "Intersections: The Rights of Indigenous Peoples" (3/3/20)

Announcement of John Baker: "A More or Less Perfect Union: Amending the Constitution" (2/11/20)

Announcement of Justin Driver: "Are Public Schools Becoming Constitution-Free Zones?" (3/16/20)

Announcement of Kathryn Ciano Mauler: "Big Tech and the Regulatory State" (1/16/20)

Announcement of Legal History Workshop: Melissa Murray: "Race-ing Roe: Reproductive Justice, Racial Justice, and the Battle for Roe v. Wade" (10/1/20)

Announcement of Legal History Workshop: Sara McDougall: "Judging Sex Crimes: Pregnancy and Punishment in Medieval France" (10/29/20)

Announcement of Lunch Conversation: Charles Ramsey (2/18/20)

Announcement of Mark P. Nevitt & Daniel Shields: "Law and DIplomacy: Conflict in the South China Sea" (2/13/20)

Announcement of Michael Brennan: "The Anti-Federalists: Then and Now" (1/30/20)

Announcement of Michael Smerconish: "Won't Get Fooled Again? Explaining Donald Trump's Improbable 2016 Victory and Whether it Will Happen Again" (10/26/20)

Announcement of Nicholas Rosenkranz: "The Subjects of the Constitution" (1/29/20)

Announcement of Nicholas Tabor: "Capital, Contagion, and Financial Crises: What Stops a Run from Spreading?" (2/6/20)

Announcement of Online Lecture: Sally Katzen: "Hidden in Plain Sight: Why Regulations Need a Fresh Look" (9/24/20)

Announcement of Owen J. Roberts Lecture in Constitutional Law: Dorothy E. Roberts: "Abolition Constitutionalism" (3/3/20)

Announcement of Panel Discussion: "Affirmative Action In A Post-Harvard Landscape: Escaping The Model Minority Myth" (2/25/20)

Announcement of Panel Discussion: "A New Era of Equality: Redefining Leadership through a Lens of Allyship" (9/15/20)

Announcement of Panel Discussion: "Conversations about Justice: 0.5 Degrees: The Green New Deal and the Climate Crisis" (1/29/20)

Announcement of Panel Discussion: "Conversations About Justice: (Mis)Representation: On Prison-Based Gerrymandering in the 21st Century" (3/19/20)

Announcement of Panel Discussion: "Dual Allegiances in America: Christian, Jewish & Muslim Perspectives" (2/12/20)

Announcement of Panel Discussion: "Lessons Learned in Crisis: Regulation and Regulatory Authority During a Public Health Emergency" (12/7/20)

Announcement of Panel Discussion: "Medicare for All and Beyond: Expanding Coverage, Containing Costs" (2/21/20)

Announcement of Panel Discussion: "The Future of the Supreme Court" (10/28/20)

Announcement of Paul G. Haaga, Jr. Lecture in Law, Government and Public Policy: Michéle Flournoy: "Driving Change through Red Tape: Policymaking in the World's Biggest Bureaucracy" (2/11/20)

Announcement of Penn Black Law Student Association Sadie Alexander Conference: "The Cost of Slavery: How Reparations Correct America’s Balance Sheet" (2/29/20)

Announcement of Penn Latinx Law Student Association Conference (3/20-21/20)

Announcement of Penn Law Asian Pacific American Law Student Association Conference: "Fighting for Visibility: Asian Americans in Law and Politics" (2/1/20)

Announcement of Penn Law Review Author Lunch: Eugene Volokh: "Anti-Libel Injunctions" (2/25/20)

Announcement of Penn Law Review Author Lunch: Joshua Macey and Jackson Salovaara: "Rate Regulation Redux" (2/12/20)

Announcement of Penn Law Review Author Lunch: Justin Murray: "Criminal Procedure and Prejudice" (3/3/20)

Announcement of Penn Law South Asian Law Students Association Conference: "A Century after Thind: South Asians in the Legal Profession" (2/7/20)

Announcement of Penn Program on Regulation Book Talk: Richard Cordray: "Watchdog: How Protecting Consumers Can Save Our Families, Our Economy, and Our Democracy" (3/25/20)

Announcement of Penn Program on Regulation Webinar: "The COVID-19 Crisis and Its Implications for U.S. Regulatory Law" (8/26/20)

Announcement of Quattrone Center Panel Discussion: "Criminal Justice Reform and Forensics: The Importance of Evidence" (10/1/20)

Announcement of Webinar: "Reimagining Legal Technology - Reimagining the Future of the Profession" (8/12/20)

Announcement of Wharton Restructuring and Distressed Investing Conference (2/21/20)

Announcement of Yesha Yadav: "Debt Buybacks and the Myth of Creditor Power" (1/23/20)

Anti-Libel Injunctions, Eugene Volokh

Antitrust and Platform Monopoly, Herbert J. Hovenkamp

Antitrust: What Counts as Consumer Welfare?, Herbert J. Hovenkamp

Are ETFs Making Some Asset Managers Too Interconnected to Fail?, Ryan Clements

Asian Law Review Symposium: "Al and Companionship: Prospects and Challenges to Harness the Power behind Algorithms to Tackle Social Issues" (2/28/20)

A Systems Theory of Compliance Law, David Orozco

A Truce in the Criminal Law Distributive Principle Wars?, Paul H. Robinson

Avoidance Creep, Charlotte Garden

Back to the Future of Cyber Insurance, Tom Baker

Bad Actors: Authenticity, Inauthenticity, Speech, and Capitalism, Sarah C. Hann

Bankruptcy Tourism and the European Union’s Corporate Restructuring Quandary: The Cathedral in Another Light, Samir D. Parikh

“Best” Interests and “Bad” Parents: Immigration and Child Welfare Through the Lens of SIJS and Foster Care, Ellyn Jameson

Blended Practices: Public Defenders, Innovative Social Services & Clients Struggling with Addiction, Jaclyn Castelar, Shabel Castro, Anna Marion, Nathalie Sosa, Olufemi Oyosumi, Mélisande McLaughlin, and Penn Program on Documentaries & the Law

Blurred Lines: An Analysis of Whether Prosecutorial Discretion Extends to Lessening a Sentence Ex-Post in Light of the Separation of Powers Doctrine, Mikaela Meyer

Boko Haram in the Context of Global Jihadism: A Conceptual Analysis of Violent Extremism in Northern Nigeria and Counter- Terrorism Measures, Mark D. Kielsgard and Nabil M. Orina

Buckley 2.0: Would the Buckley Court Overturn Citizens United?, Miriam Galston

Business and bankruptcy during the coronavirus with Penn Law Professor David Skeel, David A. Skeel Jr.

Capitalist Variations in "Say on Pay": A Look at Corporate Governance Contradictions in Singapore and Hong Kong, Lance Ang

Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark and EESG Strategy, Leo E. Strine Jr., Kirby M. Smith, and Reilly S. Steel

Catch Rule 22: When Interpleader Actions Violate Statutory and Constitutional Diversity Jurisdiction Requirements, Kristen DeWilde

Caught Between the FAA and the New York Convention: Non-signatories to International Commercial Arbitration Agreements and the "In Writing" Requirement, Tamar Meshel

Changing Race: Fluidity, Immutability, and the Evolution of Equal-Protection Jurisprudence, John Tehranian

Chapter: “Health Law and Ethics”, William M. Sage, I. Glenn Cohen, and Allison K. Hoffman

Christianity and Bankruptcy, David A. Skeel Jr.

Civil Penalties Against Public Companies in SEC Enforcement Actions: An Empirical Analysis, David Rosenfeld

Collins and the Invention of "Curtilage", Chad Flanders

Commercial Law Intersections, Giuliano Castellano and Andrea Tosato

¿Cómo se dice 'due process'? Weighing the Added Value of Guaranteed Interpretive Services for Asylum Seekers, Victoria Yuhas

Competitive Harm from Vertical Mergers, Herbert J. Hovenkamp

Compliance Management Systems: Do They Make a Difference?, Cary Coglianese and Jennifer Nash

Confronting Complexity with Regulatory Excellence: Recommendations in the Wake of the Philadelphia Refinery Explosion, Cary Coglianese

Congressional Administration During the Crack Wars: A Study of the Sentencing Commission, Smita Ghosh

Congress's Officers: Restoring the Anti-Diffusion Principle to Appointments Clause Jurisprudence, Domenic R. Powell

Contaminated Land in China--The Legal Regime and Its Weakest Links, Yuhong Zhao

Contemporary Practice of the United States Relating to International Law (114:1 Am J Int'l L), Jean Galbraith

Contemporary Practice of the United States Relating to International Law (114:2 Am J Int'l L), Jean Galbraith

Contemporary Practice of the United States Relating to International Law (114:3 Am J Int'l L), Jean Galbraith

Contemporary Practice of the United States Relating to International Law (114:4 Am J Int'l L), Jean Galbraith

Context, Content, Intent: Social Media’s Role in True Threat Prosecutions, Megan R. Murphy

Copyright in the Artificially Intelligent Author: A Constitutional Approach Using Philip Bobbitt's Modalities of Interpretation, Brian Golger

Corporate Oversight and Disobedience, Elizabeth Pollman

Cost-Sharing Reductions, Technocrat Tinkering, and Market-Based Health Policy, Allison K. Hoffman

COVID and Crime: An Early Empirical Look, David S. Abrams

Cross-Disciplinary Newsletter Spring 2020

Dean Ruger interviews Mayor Eric Johnson L’05 about Dallas’s response to COVID-19, Theodore Ruger and Eric Johnson

Dean Ruger interviews Rep. Mary Gay Scanlon L’84, Theodore Ruger and Mary Gay Scanlon

Delegation to Nonexperts, Evan C. Zoldan

Deliberation and Dismissal, David Schraub

Demystifying the DOJ’s lawsuit against Google with Professor Herb Hovenkamp, Herbert J. Hovenkamp

Deploying Machine Learning for a Sustainable Future, Cary Coglianese

Detkin Clinic Director Cyndi Dahl transcends Covid-19’s limitations on academia, Cynthia L. Dahl

Dialogue on Demagoguery, Seth F. Kreimer, Patricia Roberts-Miller, and Penn Program on Documentaries & the Law

Did the America Invents Act Change University Technology Transfer?, Cynthia L. Dahl

Digital Bailments, Michael J. O'Connor

Discrimination Risks of Alzheimer’s as Support for Social Insurance for Long-Term Care, Allison K. Hoffman

Disparate Health Care in Puerto Rico: A Battle Beyond Statehood, Ximena Benavides

Dissecting the current state of nursing homes and long-term care with Professor Allison Hoffman and Dr. Norma Coe, Allison K. Hoffman and Norma B. Coe

Distorted Choice in Corporate Bankruptcy, David A. Skeel Jr.

Divorce as a Formal Gender-Equality Right, Karin Carmit Yefet

Divorce as a Substantive Gender-Equality Right, Karin Carmit Yefet

Does the United States’ Withdrawal from the Paris Agreement on Climate Change Pass the Cost-Benefit Analysis Test?, Carolina Arlota

Doin' Banks, Cassandra Jones Havard

Due Process in Antitrust Enforcement: Normative and Comparative Perspectives, Christopher S. Yoo, Yong Huang, Thomas Fetzer, and Shan Jiang

Due Process in International Antitrust Enforcement: An Idea Whose Time Has Come, Christopher S. Yoo

Edward V. Sparer Symposium: “Philly Rising: Lawyering and Organizing for Racial and Economic Justice”: Announcement (2/7/2020)

Ending the Death Penalty for People With Severe Mental Illness (How Recent Supreme Court Cases Interpreting Atkins v. Virginia Support a New Death Penalty Prohibition), Josh Salzer

ESG Disclosure in Comparative Perspective: Optimizing Private Ordering in Public Reporting, Virginia Harper Ho and Stephen Kim Park

Estimation Evidence, Jonah B. Gelbach

Ethical and Regulatory Issues for Embedded Pragmatic Trials Involving People Living with Dementia, Emily A. Largent, Spencer Phillips Hey, Kristin Harkins, Allison K. Hoffman, Steven Joffe, Julie C. Lima, Alex John London, and Jason Karlawish

Family Fleeing: Family Membership as a Basis for Asylum, Christine Natoli

Federalism, ERISA, and State Single‐Payer Health Care, Erin C. Fuse Brown and Elizabeth Y. McCuskey

Fewer Stays, Fewer Days: The Bronx Defenders and How Holistic Defense Reduces Mass Incarceration, Regina Austin, Adam Brody, Justine Olderman, Alice Fontier, Tanya Sadlowski, and Penn Program on Documentaries & the Law

Fiduciary Law and the Preservation of Trust in Business Relationships, Brian J. Broughman, Elizabeth Pollman, and D. Gordon Smith

Financial Stability and National Security in an Era of Hegemonic Rivalry: The Need to Tighten United States Securities Disclosure Requirements, Joel Slawotsky

Fixing the Johnson Amendment Without Totally Destroying It, Benjamin M. Leff

For Judicial Majoritarianism, Guha Krishnamurthi

Former CEO of LabCorp Dave King L’82 discusses COVID-19 testing, Theodore Ruger and Dave King

Former Director of National Intelligence James Clapper on public trust and national intelligence, James Clapper and Claire Oakes Finkelstein

From Bitter to Better: A Collective Effort to Improve Workers’ Rights in the Coffee Industry, Ying Chen

General Votel and Professor Finkelstein discuss the necessity of an apolitical American military, Claire Oakes Finkelstein and Joseph Votel

Getting Beneath the Topsoil of Knick: A Due Process Inquiry of the Rights of Property Owners Facing Unverified Burial Site Claims, Julian Weiss

Globalizing Property, Priya S. Gupta

Global Obligations for Sustainable Development: Harmonizing the 2030 Agenda for Sustainable Development and International Human Rights Law, Elena Pribytkova

Global Settlements: Promise and Peril, John C. Coffee Jr.

Going, Gutted, Gone? Why Section 2 of the Voting Rights Act is in Danger, and What States Can Do About It (Winner of American Constitution Society's National Student Writing Competition), Eric S. Lynch

Google v. Oracle Amicus Merits Stage Brief: Vindicating IP’s Channeling Principle and Restoring Jurisdictional Balance to Software Copyright Protection, Peter Menell, David Nimmer, and Shyamkrishna Balganesh

Gun Laws and Mental Illness: Ridding the Statutes of Stigma, Susan McMahon

Habeas Class Actions: Current Opportunities and Challenges in Immigration Law, Ellyn Jameson

Hipster Antitrust: New Bottles, Same Old W(h)ine?, Christopher S. Yoo

House Judiciary Inquiry into Competition in Digital Markets: Statement, Herbert J. Hovenkamp

How Do You Like Me Now? Hamdan v. Rumsfeld and the Legal Justifications for Global Targeting, Shane R. Reeves, Winston Williams, and Amy McCarthy

How Medicalization of Civil Rights Could Disappoint, Allison K. Hoffman

How the Right to Be Sexual Shaped the Emergence of LGBT Rights, Jeffrey Kosbie

Hybrid Entities and the Psychological Contract with Employee-Stakeholders, Norman D. Bishara

Ideological Responses to the Coronavirus Pandemic: China and Its Other, Samuli Seppänen

Illuminating Regulatory Guidance, Cary Coglianese

Immovable-Associated Equipment under the Draft Mac Protocol: A Sui Generis Challenge for the Cape Town Convention, Benjamin von Bodungen and Charles W. Mooney Jr.

Implicit Communication and Enforcement of Corporate Disclosure Regulation, Ashiq Ali, Michael T. Durney, Jill E. Fisch, and Hoyoun Kyung

Incitement in an Era of Populism: Updating Brandenburg After Charlottesville, Richard Ashby Wilson and Jordan Kiper

Indoctrination and Social Influence as a Defense to Crime: Are We Responsible for Who We Are?, Paul H. Robinson and Lindsay Holcomb

Infinite Arbitration Clauses, David Horton

Influence Through Intimidation: Evidence from Business Lobbying and the Regulatory Process, Alex Acs and Cary Coglianese

In-group Bias and the Police: Evidence from Award Nominations, Nayoung Rim, Roman G. Rivera, and Bocar A. Ba

Insolvency Law as Credit Enhancement and Enforcement Mechanism: A Closer Look at Global Modernization of Secured Transactions Law, Charles W. Mooney Jr.

Intellectual Property: Commercializing in a University Setting, Cynthia L. Dahl

Intellectual Property: Ownership and Protection in a University Setting, Cynthia L. Dahl

Intensive Care for Pain as an Overdose Prevention Tool: Legal Considerations and Policy Imperatives, Evan D. Anderson, Jason Sloan, and Leo Beletsky

Interview with Howard Lesnick, Meredith Coleman; Steffen Bressler; Brian Gurtman; Simi B. Kaplin; Donna Mancusi; Diankha Warren; Howard Lesnick; and Legal Oral History Project, University of Pennsylvania Carey Law School

Introduction--Chinese Law in a Time of Crises: Regulatory Challenges at Home, Ideological Contests Abroad . . . and More, Jacques deLisle

Is Executive Function The Universal Acid?, Stephen J. Morse

It’s Time to Right the Wrong: The Case for Compensating Pennsylvania Exonerees, Heath Khan, Jesse Lambert, Julia Schichmann, Erin Sweeney, Edward Baker, Marissa Bluestine, Jon Eldan, Eugene Gilyard, and Penn Program on Documentaries & the Law

Journal of Business Law Symposium: "The Interplay of Antitrust Laws and Our Current Business Environment": Announcement (2/8/20)

Journal of Constitutional Law Symposium: "Constitutional Law Outside the Courts": Announcement (10/2/20)

Journal of International Law Symposium: "Climate Change: Promoting Global Sustainability": Announcement (2/20/20)

Journal of International Law Symposium: "Climate Change: Promoting Global Sustainability": Selected Bibliography (2/20/20)

Journal of Law & Innovation Symposium: "Rethinking Innovation Policy: The Role of the State": Announcement (1/24/20)

Journal of Law & Innovation Symposium: "Rethinking Innovation Policy: The Role of the State": Selected Bibliography (1/24/20)

Journal of Law & Public Affairs Symposium: "Red Lines, Red Tape: Combating the Housing Crisis & Ending Residential Discrimination": Announcement (2/5/20)

Journal of Law & Public Affairs Symposium: "Red Lines, Red Tape: Combating the Housing Crisis & Ending Residential Discrimination": Selected Bibliography (2/5/20)

Judging Corporate Directors by the Companies They Keep: Results from an Interactive Simulation About the Motivations of Corporate Directors, Bill Tomlinson, Andrew W. Torrance, Rebecca W. Black, M. Six Silberman, Yaqi Xie, and Paramdeep S. Atwal

Judicial Historical Revisionism in the Philippines: Judicial Review and the Rehabilitation of Ferdinand Marcos, Dante Gatmaytan

Justice Department's New Position on Patents, Standard Setting, and Injunctions, Herbert J. Hovenkamp

Justiciability and Judicial Fiat in Establishment Clause Cases Involving Religious Speech of Students, Amanda Harmon Cooley

Justifying Bad Deals, Tess Wilkinson-Ryan

Juvenile Due Process: Applying Contract Principles to Ensure Voluntary Criminal Confessions, Caitlyn Wigler

Laboratories of Democracy Reform: State Constitutions and Partisan Gerrymandering, Samuel S.-H. Wang, Richard F. Ober Jr., and Ben Williams

Land of the Falling “Poison Pill": Understanding Defensive Measures in Japan on Their Own Terms, Alan K. Koh, Masafumi Nakahigashi, and Dan W. Puchniak

Law as Scapegoat, Cary Coglianese

Law, Language, and Politics, Jody Armour

Law School alums Gary Sangha and Joe Borstein make the case for technology in the legal industry, Gary Sangha and Joe Borstein

Lessons from China's Response to COVID-19: Shortcomings, Successes, and Prospects for Reform in China's Regulatory State, Jacques deLisle and Shen Kui

Liberalism's Identity Politics: A Response to Professor Fukuyama, Athena D. Mutua

Liquidated Damages or Human Trafficking? How a Recent Eastern District of New York Decision Could Impact the Nationwide Nursing Shortage, Heather McAdams

Litigating EPA Rules: A Fifty-Year Retrospective of Environmental Rulemaking in the Courts, Cary Coglianese and Daniel E. Walters

Lone Pine Orders: A Critical Examination and Empirical Analysis, Nora Freeman Engstrom and Amos Espeland

Long-Term Care Policy after Covid-19 — Solving the Nursing Home Crisis, Rachel M. Werner, Allison K. Hoffman, and Norma B. Coe

Lost in Transplantation: Modern Principles of Secured Transactions Law as Legal Transplants, Charles W. Mooney Jr.

Making Heads or Tails of Judicial Independence: A Response to Professor Burbank, Marjorie O. Rendell

Management-Based Regulation, Cary Coglianese and Shana M. Starobin

Marijuana Legalization in the United States: A Social Injustice, Kevin Sabet and Will Jones

Mashups and Fair Use: The Bold Misadventures of the Seussian Starship Enterprise, Peter Menell, Shyamkrishna Balganesh, and David Nimmer

Mass Seizure and Mass Search, Gregory Brazeal

Measuring In Absentia Removal in Immigration Court, Ingrid Eagly and Steven Shafer

Much Ado about Nothing?, Cary Coglianese

Muted Justice, Leah Litman

Network Effects in Action, Christopher S. Yoo

Of Death and Delusion: What Survives Kahler V. Kansas?, Fredrick E. Vors

On the Meaning of Antitrust's Consumer Welfare Principle, Herbert J. Hovenkamp

Optimizing Regulation for an Optimizing Economy, Cary Coglianese

Pandemic Response as Border Politics, Michael R. Kenwick and Beth A. Simmons

Papers on Constitutional Courts in Developing Democracies, Amal Sethi

Participation and Polarization, Richard H. Pildes

Penn Carey Law’s Jennifer Leonard on the future of legal practice, the Future of the Profession Initiative and how Covid-19 affects the legal industry, Jennifer Leonard

Penn Intellectual Property Group Symposium: "Artificial Intelligence, Intellectual Property, & Innovation": Announcement (3/19/20)

Penn Intellectual Property Group Symposium: "Artificial Intelligence, Intellectual Property, & Innovation": Selected Bibliography (3/19/20)

Penn Law Entertainment and Sports Law Symposium: Announcement (2/21/20)

Penn Law Entertainment and Sports Law Symposium: Selected Bibliography (2/21/20)

Penn Law Journal: Penn Law's Pandemic Response

Penn Law Professor Regina Austin interviews the Defender Association of Philadelphia about administering services during the pandemic, Regina Austin, Curtis Watkins, and Nicole Buck

Personal Liability of Directors and Officers in Tort: Searching for Coherence and Accountability, Shannon Kathleen O'Byrne and Cindy A. Schipani

Personal Property Security Law: International Ambitions and Local Realities, Giuliano G. Castellano and Andrea Tosato

Pledging, Populism, and the Paris Agreement: The Paradox of a Management-Based Approach to Global Governance, Cary Coglianese

Power and Statistical Significance in Securities Fraud Litigation, Jill E. Fisch and Jonah B. Gelbach

Precedent on Precedent, Nina Varsava

Prejudice‐Based Rights in Criminal Procedure, Justin Murray

Presidential Laws and the Missing Interpretive Theory, Tara Leigh Grove

President Trump's Contracts for Silence, Erik Lampmann

Principles for State Prosecution of Securities Crime in a Dual-Regulatory, Multi-Enforcer Regime, Wendy Gerwick Couture

Private Company Lies, Elizabeth Pollman

Private Equity Value Creation in Finance: Evidence from Life Insurance, Divya Kirti and Natasha Sarin

Private Standards and the Benzene Case: A Teaching Guide, Cary Coglianese and Gabriel Scheffler

Proactive Resolution of Sovereign and Subnational Debt, Steven L. Schwarcz

Process Choice, Cary Coglianese

Professor Abrams’ City Crime Stats is your window into the relation between Covid-19 and city crime, David S. Abrams

Professor Abrams offers four commonsense ideas for police reform, David S. Abrams

Professor Angus Corbett on health system responses and the coronavirus, Angus Corbett

Professor Christopher Yoo on his project 1 World Connected and how connectivity saves lives, Christopher S. Yoo

Professor Michael Levy on Van Buren vs. United States and what it means for you, Michael Levy

Professor Michael Murphy on the “Duty to Google” and its growing importance in practice, Michael T. Murphy

Professor Reed Shuldiner and Associate Dean Eleanor Barrett discuss the move to e-learning, Reed Shuldiner and Eleanor Barrett

Professors Claire Finkelstein and Richard Painter on Bill Barr, the DOJ and the case for impeachment, Claire Oakes Finkelstein and Richard W. Painter

Professor Tobias Wolff on SCOTUS’ ruling on Title VII and the changing of times, Tobias Barrington Wolff

Profiled in Life & Death: Crime Victims Compensation and Young People of Color, Matthew A. Feldman, Joanna Hoodes, Frances Weil, Regina Austin, Adam Brody, Ted Corbin, Victoria Greene, Angus Love, Chantay Love, Jennifer Storm, Thomas Vaughan Sr., and Penn Program on Documentaries & the Law

Progressive Trajectory of Company Law to Employees' Interests under the New Economy: An Analysis of UK and Chinese Company Law, Jiemei Ou and Jingchen Zhao

Proving Priority: Assigning Employee Inventions in a Global Market, Karen E. Sandrik

Punishing Hope? Materiality and Immateriality in Federal Mortgage Fraud Cases Under 18 U.S.C. § 1014, Matthew A. Edwards

Pursuing Diversity: From Education to Employment, Amy L. Wax

Quattrone Center Spring Symposium: "Transparency in Criminal Justice: A 2020 Vision": Announcement (4/1-3/20)

Race-Conscious Admissions, Diversity, and Academic Freedom, Vinay Harpalani

Rate Regulation Redux, Joshua C. Macey and Jackson Salovaara

Reconsidering the Evolutionary Erosion Account of Corporate Fiduciary Law, William W. Bratton

Redefining Law of War in the Wake of Gray-Zone Conflict’s Ubiquity, Shane Fischman

Redefining Reasonableness: Supervisory Harassment Claims in the Era of #metoo, Brianna Messina

Regulatory Abdication in Practice, Cary Coglianese

Regulatory Capture and the Marginalized Majority: The Case for Constitutional Protection of the Majority's Disposable Income, Eyal Benvenisti and Amnon Morag

Rejoining Treaties, Jean Galbraith

Relative Impacts of Monetary and Non-Monetary Factors on Whistleblowing Intention: The Case of Securities Fraud, Masaki Iwasaki

Restating or Reshaping the Law?: A Critical Analysis of the Restatement of the Law, Liability Insurance, Victor E. Schwartz and Christopher E. Appel

Restoration: The Role Stakeholder Governance Must Play in Recreating a Fair and Sustainable American Economy A Reply to Professor Rock, Leo E. Strine Jr.

Rethinking Active Defense: A Comparative Analysis of Proactive Cybersecurity Policymaking, Scott Shackelford

Reversing the Fortunes of Active Funds, Adi Libson and Gideon Parchomovsky

Reviewing Inter Partes Review Five Years In: The View From University Technology Transfer Offices, Cynthia L. Dahl

Reviewing Refusal: Lethal Injection, the FDA, and the Courts, Andrew Shi

Right of Recourse Claims Based on Latent Defects in the Nuclear Energy Sector in India: Brace Yourself for Fact-Intensive Disputes, M P Ram Mohan and Els Reynaers

Risking Stigmatization to Gain Accommodation, Stacy A. Hickox and Keenan Case

Roundtable on Intersectionality and Strengths and Challenges in Leadership, M. Isabel Medina, Jennifer L. Rosato Perea, and Elena Maria Marty-Nelson

Rulers or Rules? International Law, Elite Cues and Public Opinion, Anton Strezhnev, Beth A. Simmons, and Matthew D. Kim

Safeguarding Shareholder Democracy Against Foreign Interference: Changing Shareholder Voting to Protect U.S. National Security Interests, Jacob Marco

Scrutinizing Legacy Admissions: Applying Tiers of Scrutiny to Legacy Preference Policies in University Admissions, T. Liam Murphy

Selected Bibliography for Announcement of Panel Discussion: "The Future of the Supreme Court" (10/28/20)

Selected Bibliography for Caroline Zelaznik Gruss and Joseph S. Gruss Lecture in Talmudic Civil Law: Benjamin Porat: "The Biblical Struggle for Social Justice: New Perspectives" (2/6/20)

Selected Bibliography for Center for Ethics & the Rule of Law Conference: "Circling the Arctic: Security and the Rule of Law in a Changing North" (10/1-3/20)

Selected Bibliography for Center for Technology, Innovation and Competition Panel Discussion: "Current and Emerging Issues in Law and Technology Fall 2020" (9/22/20)

Selected Bibliography for Center for Technology, Innovation and Competition Panel Discussion: "The Economics of Digital Services" (10/21/20)

Selected Bibliography for Center for Technology, Innovation and Competition Panel DIscussion: "The Rise of Antitrust Scrutiny of Big Tech: Transatlantic Perspectives" (2/18/20)

Selected Bibliography for "Coding for Lawyers" (4/21/20)

Selected Bibliography for "Expanding Scope of Care After COVID-19" (11/20/20)

Selected Bibliography for Future of the Legal Profession Initiative Virtual Conference: "Reimagining the Future of the Legal Profession" (7/29/20 - 8/12/20)

Selected Bibliography for Graduates of the Last Decade Event: "Beyond BigLaw: Career Transitions" (12/3/20)

Selected Bibliography for Michael Smerconish: "Won't Get Fooled Again? Explaining Donald Trump's Improbable 2016 Victory and Whether it Will Happen Again" (10/26/20)

Selected Bibliography for Owen J. Roberts Lecture in Constitutional Law: Dorothy E. Roberts: "Abolition Constitutionalism" (3/3/20)

Selected Bibliography for Panel Discussion: "Lessons Learned in Crisis: Regulation and Regulatory Authority During a Public Health Emergency" (12/7/20)

Selected Bibliography for Panel Discussion: "Medicare for All and Beyond: Expanding Coverage, Containing Costs" (2/21/20)

Selected Bibliography for Paul G. Haaga, Jr. Lecture in Law, Government and Public Policy: Michéle Flournoy: "Driving Change through Red Tape: Policymaking in the World's Biggest Bureaucracy" (2/11/20)

Selected Bibliography for Penn Latinx Law Student Association Conference (3/20-21/20)

Selected Bibliography for Penn Law South Asian Law Students Association Conference: "A Century after Thind: South Asians in the Legal Profession" (2/7/20)

Selected Bibliography for "Personal Branding for Lawyers" (4/22/20)

Selected Bibliography for Webinar: "Reimagining Legal Technology - Reimagining the Future of the Profession" (8/12/20)

Selected Bibliography for Wharton Restructuring and Distressed Investing Conference (2/21/20)

Self-Determination for Some: The Palestinians and the Uyghurs in China’s Foreign Policy, Brian Yeh

Should Corporations Have a Purpose?, Jill E. Fisch and Steven Davidoff Solomon

Smart Contract Dispute Resolution: The Inescapable Flaws of Blockchain-Based Arbitration, Michael Buchwald

Social Media Policies, Corporate Censorship and the Right to Be Forgiven: A Proposed Framework for Free Expression in an Era of Employer Social Media Monitoring, Kathleen McGarvey Hidy

Social Science and the Analysis of Environmental Policy, Cary Coglianese and Shana Starobin

Solving the Congressional Review Act’s Conundrum, Cary Coglianese

Somewhere Between Death Row and Death Watch: The Procedural Trap Capital Defendants Face in Raising Execution-Related Claims, Melanie Kalmanson

Spillover Effects in Police Use of Force, Justin E. Holz, Roman G. Rivera, and Bocar A. Ba

Stanley Surrey and the Transformation of Administrative Law in Japan, Keigo Fuchi

Startup Governance, Elizabeth Pollman

State Constitutions and Progressive Crimmigration Reform, Valerie L. Snow

Stealth Governance: Shareholder Agreements and Private Ordering, Jill E. Fisch

Steiner v. Utah: Designing a Constitutional Remedy, Michael S. Knoll and Ruth Mason

Stewardship 2021: The Centrality of Institutional Investor Regulation to Restoring a Fair and Sustainable American Economy, Leo E. Strine Jr.

Structural Analysis of Article V: The Constitutionality of a Limited Convention to Propose Amendments, Damian O'Sullivan

Synthetic Governance, Byung Hyun Anh, Jill E. Fisch, Panos N. Patatoukas, and Steven Davidoff Solomon

Taxing Bitcoin and Blockchains—What the IRS Told Us (and What It Didn’t), David J. Shakow

Teach Your Children Well: Historical Memory of the Civil War and Reconstruction, Public Education, and Equal Protection, Charlotte Mostertz

Telecommunications: Competition Policy in the Telecommunications Space, Gene Kimmelman, Maureen K. Ohlhausen, Michael O’Rielly, Christopher S. Yoo, and Stephen F. Williams

Terra Incognita: Applying the Entire Fairness Standard of Review to Benefit Corporations, Brent J. Horton

“Terroristic Threats” and COVID-19: A Guide for the Perplexed, Chad Flanders, Courtney Federico, Eric Harmon, and Lucas Klein

The ACA’s Choice Problem, Allison K. Hoffman

The American Pathology of Inequitable Access to Medical Care, Allison K. Hoffman and Mark A. Hall

The Amorphous Student‐University Contract: Origins, Development, and the Need For State Oversight, Sam Michale

The Backlash Boomerang: Using Reverse Animus and Hostility to Limit LGBTQ Equality, Stacey L. Sobel

The Beginning of an Economic Civil War: The Unconstitutionality of State-Implemented Travel Bans, Leon Kalanjian

The Calculus of Shareholders’ Consent: A Constitutional Economics Theory of Corporate Charter Amendment Rules, James Si Zeng

The Challenge of Regulatory Excellence, Cary Coglianese

The Constitutionality of "Special Need" Laws, Chelsea Tisosky

The Constitutionality of State and Local "Norm Sustaining" Actions on Global Climate Change: The Foreign Affairs Federalism Grey Zone, Sharmila L. Murthy

The Cost of Doing Business: Corporate Crime and Punishment Post-Crisis, Dorothy S. Lund and Natasha Sarin

The Costs of Critical Habitat or Owl’s Well That Ends Well, Jonathan Klick and J.B. Ruhl

The Deregulation Deception, Cary Coglianese, Natasha Sarin, and Stuart Shapiro

The Dormant Foreign Commerce Clause After Wynne, Michael S. Knoll and Ruth Mason

The Emerging Right of West Bank Palestinians to Israeli Citizenship, Ariel Zemach

The Emptiness of Decisional Limits: Reconceiving Presidential Control of the Administrative State, Cary Coglianese

The EPA's Risky Reasoning, Cary Coglianese and Gary E. Marchant

The Equal-Protection Challenge to Federal Indian Law, Michael Doran

The Ethics of Medicaid’s Work Requirements and Other Personal Responsibility Policies, Harald Schmidt and Allison K. Hoffman

The Executive Power Clause, Julian Davis Mortenson

The Expansive Reach of Pretrial Detention, Paul Heaton

The Faith of My Fathers, Robert H. Jackson and John Q. Barrett

The Frailty of Disability Rights, Jasmine E. Harris

The Imperial Treaty Power, Brian Richardson

The Irony of Health Care’s Public Option, Allison K. Hoffman

The Law and Economics of Risk Regulation, Cary Coglianese

The Looming Crisis in Antitrust Economics, Herbert J. Hovenkamp

The More Authoritarian, the More Judicial Independence? The Paradox of Court Reforms in China and Russia, Yueduan Wang

The Myth of China’s Open Market Reforms and the World Trade Organization, Daniel C.K. Chow

The New Fighting Words?: How U.S. Law Hampers the Fight Against Information Warfare, Jill Goldenziel and Manal Cheema

The New Geographies of Corporate Governance, Dionysia Katelouzou and Peer Zumbansen

The Paradox of Insurance, Gideon Parchomovsky and Peter Siegelman

The Post-Chicago Antitrust Revolution: A Retrospective, Christopher S. Yoo

The Presumption Against Extraterritoriality: Reconciling Canons of Statutory Interpretation with Textualism, Natascha Born

The Proof is in the Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer and Beth A. Simmons

The Recommendations Clause and the President’s Role in Legislation, Benjamin J. Schwartz

The Regulatory Review Tracks Legal Responses to COVID-19 From Around the World, Cary Coglianese and Larissa Morgan

The Saga of Pennsylvania’s “Willie Horton” and the Commutation of Life Sentences in the Commonwealth, Regina Austin

The Search for Clarity in Attorney's Duty to Google, Michael Murphy

The Semi-Autonomous Administrative State, Cary Coglianese

The Social Cost of Contract, David A. Hoffman and Cathy Hwang

The Specification Power, Ilan Wurman

The State of Murder in Japan and the United States: A Story of Socioeconomic Integration and Police Geography, David U. Socol de la Osa

The Truth Limps After: Sentence Enhancements and the Punishment Paradigm, Wally Hilke

The Uncertain Stewardship Potential of Index Funds, Jill E. Fisch

The (Un?)Enforceability of Investor Rights in Indian Private Equity, Arjya B. Majumdar

The Use of Technical Experts in Software Copyright Cases: Rectifying the Ninth Circuit’s “Nutty” Rule, Shyamkrishna Balganesh and Peter Menell

The U.S. Office of Corporate Ethics: Enhancing Officer and Director Accountability in Publicly Held Corporations, Stephen Shrewsbury and Justin Blount

The “Value” of a Public Benefit Corporation, Jill E. Fisch and Steven Davidoff Solomon

Thinking Ahead, Looking Back: Assessing the Value of Regulatory Impact Analysis and Procedures for Its Use, Cary Coglianese

Tinkering with Circuit Conflicts Beyond the Schoolhouse Gate, Stephen Wermiel

Toward Racial Equality: The Most Important Things The Business Community Can Do, Leo E. Strine Jr.

Transactional Scripts in Contract Stacks, Shaanan Cohney and David A. Hoffman

Transparency and Algorithmic Governance, Cary Coglianese and David Lehr

Trolls & the Preemption Dilemma, Thomas S. Vaseliou

Twenty-first Century Financial Regulation: P2P Lending, Fintech, and the Argument for a Special Purpose Fintech Charter Approach, Jeffrey Luther

Uncertainty > Risk: Lessons for Legal Thought from the Insurance Runoff Market, Tom Baker

Unconstitutional Constitutional Amendment in Taiwan: A Retrospective Analysis of Judicial Yuan Interpretation No. 499 (2000), David KC Huang and Nigel NT Li

Understanding the Revenue Potential of Tax Compliance Investment, Natasha Sarin and Lawrence H. Summers

Unrules, Cary Coglianese, Gabriel Scheffler, and Daniel Walters

Unsettled Questions in Student Speeech Law, David L. Hudson Jr.

Unwritten Rules and the New Contract Paradigm, David A. Skeel Jr.

Wardlow Revisited: How Media Coverage of Police Brutality Makes Empirical Data More Relevant Than Ever, Jack T. Vanderford

What is Love?: Exploring the Role of Virtual Communication Technology in Authenticating Transnational Relationships for Immigration to the United States, Roger Li

What Taylor Swift and Beyoncé Teach Us About Sex and Causes, Robin Dembroff, Issa Kohler-Hausmann, and Elise Sugarman

When Law is Complicit in Gender Bias: Ending De Jure Discrimination Against Women as an Important Target of Sustainable Development Goal 5, Rangita de Silva de Alwis

When Standards Collide with Intellectual Property: Teaching About Standard Setting Organizations, Technology, and Microsoft v. Motorola, Cynthia L. Dahl