This series is a general repository of manuscripts and articles demonstrating the strength and breadth of the legal scholarship and cross-disciplinary studies at Penn Law.
Submissions from 2010
Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory, Paul H. Robinson; Michael T, Cahill; and Daniel M. Bartels
The Modern Irrationalities of American Criminal Codes: An Empirical Study of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz, and Douglas M. Weck
The Disutility of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, and Michael Reisig
Realism, Punishment & Reform [A Reply to Braman, Kahan, and Hoffman, "Some Realism About Punishment Naturalism”], Paul H. Robinson, Owen D. Jones, and Robert O. Kurzban
Choice of Law in Federal Courts: From Erie and Klaxon to CAFA and Shady Grove, Kermit Roosevelt III
Does It Hurt a State To Introduce an Income Tax?, David J. Shakow
The Effect of Allowing Pollution Offsets with Imperfect Enforcement, Hilary A. Sigman and Howard F. Chang
Bankruptcy Phobia, David A. Skeel
The New Financial Deal: Understanding the Dodd-Frank Act and its (Unintended) Consequences, David A. Skeel Jr.
Diverging family structure and “rational” behavior: The decline in marriage as a disorder of choice, Amy L. Wax
Innovations in the Internet’s Architecture that Challenge the Status Quo, Christopher S. Yoo
Is the Internet a Maturing Market? If So, What Does That Imply?, Christopher S. Yoo
Network Neutrality or Internet Innovation?, Christopher S. Yoo
Presidential Power in Historical Perspective: Reflections' on Calabresi and Yoo's The Unitary Executive, Christopher S. Yoo
The Changing Patterns of Internet Usage, Christopher S. Yoo
Submissions from 2009
Did TRIPS Spur Innovation? An Empirical Analysis of Patent Duration and Incentives to Innovate, David S. Abrams
Future Generations: A Prioritarian View, Matthew D. Adler
Regulatory Theory, Matthew D. Adler
Social Facts, Constitutional Interpretation, and the Rule of Recognition, Matthew D. Adler
Women’s Unequal Citizenship at the Border: Lessons from Three Nonfiction Films about the Women of Juárez, Regina Austin
Bankruptcy or Bailouts?, Kenneth M. Ayotte and David A. Skeel Jr.
Intention, Torture, and the Concept of State Crime, Aditi Bagchi
The Myth of Equality in the Employment Relation, Aditi Bagchi
Allowing Patients to Waive the Right to Sue for Medical Malpractice: A Response to Thaler and Sunstein, Tom Baker and Timothy D. Lytton
Restoration But Also More Justice, Stephanos Bibas
Rewarding Prosecutors for Performance, Stephanos Bibas
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas and William W. Burke-White
On the Study of Judicial Behaviors: Of Law, Politics, Science and Humility, Stephen B. Burbank
Pleading and the Dilemmas of “General Rules”, Stephen B. Burbank
Private Litigation in a Public Law Sphere:The Standard of Review in Investor-State Arbitrations, William W. Burke-White and Andreas von Staden
Immigration Restriction as Redistributive Taxation: Working Women and the Costs of Protectionism in the Labor Market, Howard F. Chang
The Transparency President? The Obama Administration and Open Government, Cary Coglianese
Consumer Protection in an Era of Globalization, Cary Coglianese, Adam M. Finkel, and David T. Zaring
Nonrivalry and Price Discrimination in Copyright Economics, John P. Conley and Christopher S. Yoo
Assuming the Risk: Tort Law, Policy, and Politics on the Slippery Slopes, Eric Feldman and Alison I. Stein
Confronting the Circularity Problem in Private Securities Litigation, Jill Fisch
Top Cop or Regulatory Flop? The SEC at 75, Jill Fisch
State Finance in Times of Crisis, Brian Galle and Jonathan Klick
Does Anyone Get Stopped at the Gate? An Empirical Assessment of the Daubert Trilogy in the States, Eric Helland and Jonathan Klick
The Relation between Regulation and Class Actions: Evidence from the Insurance Industry, Eric Helland and Jonathan Klick
Problems of Equity and Efficiency in the Design of International Greenhouse Gas Cap-and-Trade Schemes, Jason S. Johnston
Reconsidering International Tax Neutrality, Michael S. Knoll
The Corporate Income Tax and the Competitiveness of U.S. Industries, Michael S. Knoll
A New E.R.A. or a New Era? Amendment Advocacy and the Reconstitution of Feminism, Serena Mayeri
Originality, Gideon Parchomovsky and Alex Stein
Reconceptualizing Trespass, Gideon Parchomovsky and Alex Stein
A System of Excuses: How Criminal Law’s Excuse Defenses Do, and Don’t, Work Together to Exculpate Blameless (And Only Blameless) Offenders, Paul H. Robinson
Criminalization Tensions: Empirical Desert, Changing Norms & Rape Reform, Paul H. Robinson
The Ongoing Revolution in Punishment Theory: Doing Justice as Controlling Crime, Paul H. Robinson
Report on Offense Grading in Pennsylvania, Paul H. Robinson and Criminal Law Research Group, University of Pennsylvania Law School
The Indivisible Constitution, Kermit Roosevelt
A Theory of Discipline for Professional Misconduct, Nadia N. Sawicki
Bankruptcy Boundary Games, David A. Skeel
Competing Narratives in Corporate Bankruptcy: Debtor in Control vs. No Time To Spare, David A. Skeel Jr.
Stereotype Threat: a Case of Overclaim Syndrome?, Amy L. Wax
Free Speech and the Myth of the Internet as an Unintermediated Experience, Christopher S. Yoo
Network Neutrality after Comcast: Toward a Case-by-Case Approach to Reasonable Network Management, Christopher S. Yoo
Product Life Cycle Theory and the Maturation of the Internet, Christopher S. Yoo
The Convergence of Broadcasting and Telephony: Legal and Regulatory Implications, Christopher S. Yoo
Submissions from 2008
Bounded Rationality and Legal Scholarship, Matthew D. Adler
Introducing a "Different Lives" Approach to the Valuation of Health and Well-Being, Matthew D. Adler and Paul Dolan
Confidentiality: An Expectation in Health Care, Anita L. Allen
The Poetry of Genetics: On the Pitfalls of Popularizing Science, Anita L. Allen
The Virtuous Spy: Privacy as an Ethical Limit, Anita L. Allen
Undressing Difference: the Hijab in the West, Anita L. Allen
Hate Speech, C. Edwin Baker
The First Amendment and Commercial Speech, C. Edwin Baker
Liability Insurance at the Tort-Crime Boundary, Tom Baker
Transparency through Insurance: Mandates Dominate Discretion, Tom Baker
Engaging Capital Emotions, Douglas A. Berman and Stephanos Bibas
The Heart Has Its Value: The Death Penalty's Justifiable Persistence, Douglas A. Berman and Stephanos Bibas
Exacerbating Injustice, Stephanos Bibas
Invasions of Conscience and Faked Apologies, Stephanos Bibas
Judicial Fact-Finding at Sentencing, Stephanos Bibas
Political Versus Administrative Justice, Stephanos Bibas
Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas
Environmental Leadership Programs: Toward an Empirical Assessment of their Performance*, Jonathan C. Borck, Cary Coglianese, and Jennifer Nash
Evaluating the Social Effects of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, and Jennifer Nash
The Class Action Fairness Act of 2005 in Historical Context: A Preliminary View, Stephen B. Burbank
The Argentine Financial Crisis: State Liability Under BITs and the Legitimacy of the ICSID System, William W. Burke-White
Shaping the Contours of Domestic Justice: The International Criminal Court and an Admissibility Challenge in the Uganda Situation, William W. Burke-White and Scott Kaplan
The Immigration Paradox: Alien Workers and Distributive Justice, Howard F. Chang
Director Elections and the Role of Proxy Advisors, Stephen Choi, Jill Fisch, and Marcel Kahan
Policymaking Under Pressure: The Perils of Incremental Responses to Climate Change, Cary Coglianese and Jocelyn D’Ambrosio
Transparency and Public Participation in the Rulemaking Process, Cary Coglianese, Heather Kilmartin, and Evan Mendelson
Government Clubs: Theory and Evidence from Voluntary Environmental Programs, Cary Coglianese and Jennifer Nash
The Law and Economics of Environmental Federalism: Europe and the United States Compared, Michael G. Faure and Jason S. Johnston
Cause for Concern: Causation and Federal Securities Fraud, Jill Fisch
Climate Change Confusion and the Supreme Court: the Misguided Regulation of Greenhouse Gas Emissions under the Clean Air Act, Jason S. Johnston
Embattled CEOs, Marcel Kahan and Edward B. Rock
Hedge Fund Activism in the Enforcement of Bondholder Rights, Marcel Kahan and Edward B. Rock
How to Prevent Hard Cases from Making Bad Law: Bear Stearns, Delaware and the Strategic Use of Comity, Marcel Kahan and Edward B. Rock
Business Taxes and International Competitiveness, Michael S. Knoll
International Competitiveness, Tax Incentives, and a New Argument for Tax Sparing: Preventing Double Taxation by Crediting Implicit Taxes, Michael S. Knoll
Samuel Zell, the Chicago Tribune, and the Emergence of the S ESOP: Understanding the Tax Advantages and Disadvantages of S ESOPs, Michael S. Knoll
Taxation and the Competitiveness of Sovereign Wealth Funds: Do Taxes Encourage Sovereign Wealth Funds to Invest in the United States?, Michael S. Knoll
The Taxation of Private Equity Carried Interests: Estimating the Revenue Effects of Taxing Profit Interests as Ordinary Income, Michael S. Knoll
The Freedom of Information Act and the Ecology of Transparency, Seth F. Kreimer
Compliance With Advance Directives: Wrongful Living and Tort Law Incentives, Holly Fernandez Lynch, Michele Mathes, and Nadia N. Sawicki