Penn Law Review
Founded in 1852 as the American Law Register, the University of Pennsylvania Law Review is the nation’s oldest law review.
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Latest posts
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Creditor Collusion: An Antitrust Analysis of Cooperation Agreements
Liability management exercises introduce aggressive restructuring tactics into credit markets, enabling distressed corporate borrowers and private equity sponsors to exploit textual gaps in loan agreements to strip collateral or subordinate existing lenders. To counter this…
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Examining the Role of Market Efficiency in Securities and Appraisal Litigation
Market efficiency has a central role in two distinct areas of corporate litigation: Rule 10b-5 securities claims and shareholder appraisal proceedings. Although both types of litigation require courts to evaluate the efficiency of the market for a security, the degree of…
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Two Parents, Dual Sovereigns: State Flexibility to Define Good Cause Exceptions to Federal Child Support Cooperation Requirements
Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), welfare beneficiaries seeking cash assistance must cooperate in establishing paternity and child support orders against noncustodial parents, assigning any resulting payments directly to…
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The Forgotten Elected Officials
When one thinks of elected officials, those that come to mind are heads of the executive, members of the legislature, and perhaps judges. Thus, in local government law, the focus is on officials elected to local governments’ managing bodies: mayors, councilmembers, county…
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Precedent and Jurisdiction
The principle of stare decisis provides that courts should usually, but not always, follow their precedents. Recent Supreme Court decisions overruling major precedents confirm that stare decisis remains one of the most contentious issues in American law. The Court’s multi-factor…
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Tortious Interference Revisited
Tortious interference with contract has bedeviled legal commentators for over a century. It can provide relief in some situations where straightforward contract breach cannot reach. But these claims have also been derided for threatening competition, at-will employment, free…
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A New Equal Protection
The Supreme Court is dismantling what little is left of an equal protection doctrine capable of promoting a progressive vision of racial and gender equality. Increasingly, conservative litigants and judges advance an interpretation of the Fourteenth Amendment under which…
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Public Oversight of Publicly Supported Pharma
The prices of drugs developed with federal funding have received a significant amount of political attention. In 1980, Congress passed legislation to encourage companies to commercialize inventions developed with federal funding by expanding opportunities for private companies…
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Taxing Dynasties
The estate tax and the broader wealth transfer tax system are even more broken than is commonly understood. Over the past two decades, researchers and policy experts have identified a handful of key tactics that mega-rich families use to pass wealth from generation to generation…
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The Police Archipelago: Decentralization, Police Violence, Over-Punishment, and Crime
A strong consensus has taken hold in the legal academy. Criminal Justice Localism, espoused by scholars of every stripe, promotes greater local control of every facet of the criminal justice system. But Criminal Justice Localism largely overlooks an institution that plays a…