University of Pennsylvania Law Review最新文献_第10页

Admitting Mental Health Evidence to Impeach the Credibility of a Sexual Assault Complainant 承认精神健康证据以弹劾性侵原告的可信度

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2005-01-01 DOI: 10.2307/4150616

Tess Wilkinson‐Ryan

引用次数: 4

Beyond Economic Fatherhood: Encouraging Divorced Fathers to Parent 超越经济父亲:鼓励离婚父亲为人父母

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2005-01-01 DOI: 10.2307/4150643

S. Maldonado

{"title":"Beyond Economic Fatherhood: Encouraging Divorced Fathers to Parent","authors":"S. Maldonado","doi":"10.2307/4150643","DOIUrl":"https://doi.org/10.2307/4150643","url":null,"abstract":"In this Article, Professor Maldonado examines the extensive empirical evidence of paternal disengagement and analyses the reasons close to one-third of noncustodial fathers have little or no contact with their children after divorce. Exploring current societal norms of post-divorce fatherhood, she concludes that the law's and society's treatment and expectations of divorced fathers may be facilitating their disengagement. Drawing on the rich scholarship on the law's effect on social norms of littering, recycling, sexual harassment, and marital commitment, among others, she argues that the law has the ability to trigger a social norm of involved fatherhood after divorce, thereby encouraging fathers to remain a part of their children's lives. She proposes that states adopt a presumption of joint legal custody AND require that nonresidential fathers participate in their children's upbringing. Relying on norm theorists' framework for determining how social norms arise, Professor Maldonado rejects legal enforcement of mandatory parenting rules in favor of informal external and internal sanctions. She argues that as a result of the law's expressive function, these legal reforms will signal to fathers and their communities that fatherhood is an important and expected responsibility, not an option, and that good parents nurture their children. In short time, communities would informally enforce paternal involvement rules by shaming those fathers who violate the norm. Further, these legal reforms might also have a self-sanctioning effect as many fathers would internalize the legal rule and experience guilt if they failed to participate in their children's upbringing because it would signify, both externally and internally, that they are bad parents. Thus, even absent external enforcement, fewer fathers would abandon their children after divorce.","PeriodicalId":48012,"journal":{"name":"University of Pennsylvania Law Review","volume":"153 1","pages":"921"},"PeriodicalIF":2.5,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/4150643","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69365202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 39

Jurisdiction Stripping, Constitutional Supremacy, and the Implications of Ex Parte Young 管辖权剥离，宪法至上，以及单方面的影响

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2005-01-01 DOI: 10.2307/4150638

T. J. Weiman

引用次数: 2

Choice of Law for Internet Transactions: The Uneasy Case for Online Consumer Protection 网络交易的法律选择:网络消费者保护的不安案例

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2005-01-01 DOI: 10.2307/4150652

E. O'Connor

{"title":"Choice of Law for Internet Transactions: The Uneasy Case for Online Consumer Protection","authors":"E. O'Connor","doi":"10.2307/4150652","DOIUrl":"https://doi.org/10.2307/4150652","url":null,"abstract":"An impressively large number of consumer transactions are occurring online these days. Today, millions of consumers buy billions of dollars worth of goods online in a single year, and the numbers continue to grow. Presumably, the benefits to online purchases are all about efficiency. Vendors can conserve on the costs of maintaining stores and hiring employees to properly staff them. Consumers can conserve on the time and travel costs associated with shopping; and, unlike their offline counterparts, the online stores never close. To this extent, Internet transactions have been a huge success. Despite this success, states might not be doing all that they can to increase vendor competition and thereby decrease the prices paid by consumers. Empirical studies indicate that significant price disparities for the same or similar products still exist online. Moreover, unknown and new online vendors typically must pay an extra five to ten percent of the consumer’s purchase price to third-party intermediaries who help ensure that the transaction goes smoothly. The numbers suggest that known vendors might well take in more revenues at lower expense to provide the same goods to consumers that unknown vendors provide. This Essay explores the possibility that the market for online purchases fails to work as efficiently as it can because consumers lack trust in unknown vendors, and it argues that consumer distrust in unknown vendors can and often does take the form of categorical avoidance of other unknown vendors. This avoidance of unknown vendors as a class results from the fact that trust and distrust, as cognitive phenom-","PeriodicalId":48012,"journal":{"name":"University of Pennsylvania Law Review","volume":"153 1","pages":"1883"},"PeriodicalIF":2.5,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/4150652","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69366056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 16

State Courts and the Making of Federal Common Law 州法院与联邦普通法的制定

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2005-01-01 DOI: 10.2307/4150642

A. Bellia

{"title":"State Courts and the Making of Federal Common Law","authors":"A. Bellia","doi":"10.2307/4150642","DOIUrl":"https://doi.org/10.2307/4150642","url":null,"abstract":"The authority of federal courts to make federal common law has been a controversial question for courts and scholars. Several scholars have propounded theories addressing primarily whether and when federal courts are justified in making federal common law. It is a little-noticed phenomenon that state courts, too, make federal common law. This Article brings to light the fact that state courts routinely make federal common law in as real a sense as federal courts make it. It further explains that theories that focus on whether the making of federal common law by federal courts is justified are inadequate to explain whether the making of federal common law by state courts is justified. A common premise of such theories - that courts make federal common law for the kinds of forward-looking policy reasons that would move Congress to enact a statute - largely accounts for the inadequacy. The Article proceeds to provide an account of the making of federal common law by state courts that considers historical practice, the constitutional structure, and certain normative claims about the way in which courts can and ought to make law. It concludes that state courts, when it is necessary to make federal common law in order to enforce existing law, are justified in doing so not as a deputy legislature, but as the result of attempting to best discern and apply existing principles of federal law. Finally, the Article identifies implications of this analysis for the operation of federal common law in federal courts.","PeriodicalId":48012,"journal":{"name":"University of Pennsylvania Law Review","volume":"153 1","pages":"825"},"PeriodicalIF":2.5,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/4150642","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69368127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Cross-Border Judgments and the Public Policy Exception: Solving the Foreign Judgment Quandary by Way of Tribal Courts 跨界判决与公共政策例外:部落法院解决涉外判决困境

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2004-12-01 DOI: 10.2307/4150667

Lindsay Loudon Vest

引用次数: 0

War Everywhere: Rights, National Security Law, and the Law of Armed Conflict in the Age of Terror 战争无处不在:权利、国家安全法和恐怖时代的武装冲突法

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2004-12-01 DOI: 10.2307/4150665

R. Brooks

引用次数: 50

Simplicity at the Cost of Clarity: Appellate Review of Claim Construction and the Failed Promise of Cybor 以清晰为代价的简单:索赔构建的上诉审查和Cybor的失败承诺

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2004-12-01 DOI: 10.2307/4150666

William H. Burgess

引用次数: 0

False Campaign Speech and the First Amendment 虚假竞选演讲与宪法第一修正案

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2004-11-29 DOI: 10.2307/4150626

William P. Marshall

{"title":"False Campaign Speech and the First Amendment","authors":"William P. Marshall","doi":"10.2307/4150626","DOIUrl":"https://doi.org/10.2307/4150626","url":null,"abstract":"Although campaign reformers may believe otherwise, it is not only the money in campaigns that is problematic. Deceptive campaign speech can also threaten the integrity of the electoral process. It can distort the issues, distract the voters from making informed decisions, inhibit voter turnout, and alienate the citizenry. Its effects on the political system can be as corrosive as the worst campaign finance abuses. At the same, regulating false campaign speech raises serious first amendment issues. Not only, as the Court has stated, does the first amendment have its \"fullest and most urgent application [in] campaigns for political office\" but regulating campaign speech is especially problematic because the dangers and risks of allowing the government and the courts to interfere with the rough and tumble of political campaigns are extremely high. This paper presents the legal and policy issues underlying the question of whether deceptive campaign speech should be regulated. In so doing, it compares the reasons for and against the regulation of deceptive campaign speech with the arguments for and against the prohibition of corporate and labor campaigns expenditures upheld in McConnell v. FEC. Contending that the differences in the arguments in favor of regulating false campaign speech are not so different from the ones relied on by the Court in upholding limits on corporate and labor expenditures, the paper suggests that, for better or worse, the implication of McConnell is that restrictions on deceptive campaign speech would also be upheld. Yet while it may be true that McConnell sheds significant light on the validity of deceptive campaign speech restrictions, it may also be true that weighing the competing interests underlying campaign speech restrictions sheds significant light on the validity of McConnell.","PeriodicalId":48012,"journal":{"name":"University of Pennsylvania Law Review","volume":"153 1","pages":"285"},"PeriodicalIF":2.5,"publicationDate":"2004-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/4150626","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69363174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 14

Latinos, Anglos, Voters, Candidates, and Voting Rights 拉丁美洲人、盎格鲁人、选民、候选人和投票权

IF 2.5 2区社会学

University of Pennsylvania Law Review Pub Date : 2004-11-01 DOI: 10.2307/4150628

Jonathan Nagler, R. M. Alvarez

引用次数: 3