Report of the Philadelphia Event Review Team on The Wrongful Conviction of Marshall Hale

Report of the Philadelphia Event Review Team on the Wrongful Conviction of Marshall Hale 

A new report provides recommended criminal justice system reforms based on a Sentinel Event Review (SER) of the wrongful conviction and 33-year incarceration of Hale.

Serena Mayeri

The Critical Role of History After Dobbs 

Prof. Serena Mayeri writes, “History can counsel against past errors and justify affirmative approaches to protecting rights and combating inequality.”

Professor Cathie Struve

Celebrating Excellence 

Prof. Catherine Struve receives the 2024 Lindback Award for Distinguished Teaching.

Paul Robinson

American Criminal Law: Its People, Principles, and Evolution 

“Criminal law earns its moral authority by publicly committing itself to doing justice above all else,” said Prof. Paul H. Robinson.

Kate Shaw

Why the Supreme Court Should Clear the Way for a Pre-Election Trump Trial 

At The New York Times,Prof. Kate Shaw argues that the Court should reject Trump’s immunity argument quickly to allow a criminal trial to proceed before the presidential election in the fall.

Rangita de Silva de Alwis

Feminization of Poverty and Women’s Leadership 

Rangita de Silva de Alwis encourages UN Commission on the Status of Women (CSW) 2024 anti-poverty policymakers to “give women’s leadership and decision-making a fresh look.”

Tess Wilkinson-Ryan

The Fear of Playing a Fool 

At The Regulatory Review, Prof. Tess Wilkinson-Ryan L’05, G’06, PhD’08 discusses the role of human psychology in legal and regulatory systems.

Sarah Paoletti

Protecting the Right to Seek Asylum 

At The Hill,Transnational Legal Clinic Director Sarah Paoletti urges representatives to “take a long, hard look at the ways our immigration and deportation systems are failing people who are in harm’s way.”

Professor Cary Coglianese seated at a table, speaking

Compliance Is the Bridge to Better Regulatory Outcomes 

Prof. Cary Coglianese writes, “Analyzing and improving compliance is the key to strengthening regulators’ performance.”

Eve Higginbotham ML'20

Celebrating Black History Month: Present and Past Pioneers 

Dr. Eve Higginbotham ML’20 writes, “Recognizing the accomplishments of these pioneers affirms their value and reminds us of our own value that our own personal journeys bring to society every day.”

Herbert Hovenkamp

The Surprising Culprit Behind Declining U.S. Antitrust Enforcement 

Prof. Herb Hovenkamp argues that small businesses and trade associations have historically had more influence over antitrust policy, often lobbying for less competition and higher prices.

Row of new townhouses

Affordable Housing Is Climate Friendly Housing 

“States should prohibit local zoning ordinances that bar affordable, climate-friendly housing,” writes Bryn Hines L’24.

Back view portrait of young African-American people standing in voting booth and thinking

The Bounded Triumph of Health Care Ballot Initiatives 

“Medicaid expansion ballot initiatives show state referenda can expand health care access—but they have their limits,” write Prof. Allison K. Hoffman and Katie Cohen L’24, MBE’24.

Diverse human hands showing unity

Putting Women Back in the Game 

Students from Rangita de Silva de Alwis’s class on women, law, and leadership have produced a report exploring issues affecting women’s equality in sports.

Professor Cary Coglianese seated at a table, speaking

How to Regulate Artificial Intelligence 

Regulators should factor in the dynamic nature of machine learning when proposing AI regulations, writes Prof. Cary Coglianese.

police car with flashing lights at night

‘False Positive’ Field Drug Tests Lead to Wrongful Convictions 

A pathbreaking Quattrone Center report shows that the use of presumptive field tests in drug arrests is one of largest known contributing factors to wrongful arrests and convictions.

Professor Cary Coglianese seated at a table, speaking

AI & Environmental Concerns 

In an interview with Environmental Innovations Initiative, Prof. Cary Coglianese discusses how artificial intelligence intersects with climate and environmental regulations. 

Students attending class, Psychology of Legal Decision-Making in a Silverman classroom.

Psychology of Legal Decision-Making 

In the “Psychology of Legal Decision-Making” seminar, students learn about substantive areas of legal scholarship and also practice essential skills for understanding—and even developing—new empirical research.

Fair Leases in Philadelphia 

Prof. David Hoffman and a team of Penn Carey Law students created a pathbreaking model lease for Philadelphia that is fair, legal, and free.

ESG Investing Concept - Sustainable and Socially Responsible Investing - Abstract Illustration

Exploring ESG 

In Prof. Lisa M. Fairfax’s trailblazing course, students unpack the history of the ESG movement—and prepare to chart its future.

Business Intimidation in the Rulemaking Process 

In a new study, Prof. Cary Coglianese and co-author demonstrate the power of businesses to exert substantial influence over agency rulemaking.

Privacy & Racial Justice 

In an article published in the Richmond Journal of Law & Technology, Melany Amarikwa L’24 explores the harms perpetuated by TikTok’s unique use of recommendation algorithms.

ADA Testers & Article III Standing 

In an amicus brief, Prof. Jasmine E. Harris and other leading disability law scholars explain why civil rights testers are essential to the enforcement of the Americans with Disabilities Act.

The 2024 Presidential Ballot and the 14th Amendment 

“Hand your republic over to the enemies of democracy, and it could take a hundred years to get it back,” writes Prof. Kermit Roosevelt at the Los Angeles Times.

Protecting Children’s Data 

At The Regulatory Review, Caroline Hackley L’24 examines the limitations of COPPA, the only federal law regulating the collection of children’s data via the internet.

Employee Disability Disclosures 

OCS Associate Dean and Executive Director Maureen Reilly provides advice for employers to make the employee disability disclosure process more effective.

Medical Device Cybersecurity Regulation 

Prof. Christopher S. Yoo and Bethany Lee L’22 advocate FDA regulatory action to better address cybersecurity risks of medical devices such as pacemakers.

The Promising Use of AI Models in Contract Interpretation 

In “Generative Interpretation,”Prof. David Hoffman shows how large language models (LLMs) provide a better method of contract interpretation, with some caveats.

Digital abstract art of human profile

Addressing Bias in AI 

In “Policy Lab: AI and Implicit Bias,” students propose solutions to address intersectional bias in generative AI.

Circumvention of Law and the Hidden Logic Behind It 

In a new article,Prof. Leo Katz explains why “there is simply no reasonable alternative” to an extremely manipulable legal system.

1L Public Sector Career FAQs 

In the NALP Bulletin, Jamie Reisman of our Office of Career Strategy answers common questions of first-year law students aiming to work in the public sector.

Advocating Abolition of PA ChildLine Registry 

A new report jointly released by Penn Carey Law and Temple Law finds that the ChildLine Registry disproportionately harms Black Pennsylvanians.

Patents Do Not Bar Public Pharma Policies 

Laura Dolbow, Sharswood Fellow, argues that Merck misconstrues patent law in its recent Takings Clause challenge to Medicare’s price negotiation program.

‘Half the Police Force Quit. Crime Dropped’ 

“It’s no coincidence that the cities we most associate with violence also have long and documented histories of police abuse,” writes Quattrone Center Journalism Fellow Radley Balko.

The Disability Docket 

Profs. Jasmine Harris and Karen Tani L’07, PhD’11 have published a pathbreaking paper that highlights the disability through-line in the Supreme Court’s recent cases.

The Future of Globalization 

In this Q&A, Prof. Bill Burke-White discussed the findings of a White & Case report on the future of globalization, for which he served as senior editor and advisor.

‘Don’t Let Them Fool You’ 

At Aeon, Prof. Tess Wilkinson-Ryan L’05, G’06, PhD’08 writes that the fear of being duped can become “a true phobia.”

Racial Diversity in College Admissions 

At The Regulatory Review,Cara McClellan GEd’12 explains what’s left and what’s next for racial diversity in college admissions after the Supreme Court’s recent affirmative action decision.

The Troubled Teen Industry’s Troubling Lack of Oversight 

Evelyn Tsisin L’24, G’24 makes the case for federal interventions to regulate an industry fraught with abuse of adolescents and youth.

‘Outside In: The Oral History of Guido Calabresi’ 

Prof. Serena Mayeri discusses a new book about Judge Calabresi at the Legal History Blog, co-managed by Prof. Karen M. Tani L’07, PhD’11.

Scope and Limits of the Dormant Commerce Clause 

At The Regulatory Review, Prof. Michael S. Knoll shares his insights on a recent Supreme Court decision that is “about much more than porkchops.”

SCOTUS Election Law Decision 

Asst. Prof. of Law Michael Morse C’13 told Penn Today that the Moore v. Harper ruling is “a mixed bag.”

Chevron’s Watery Grave? 

“A fight over fishery regulations could spell trouble for Chevron deference,” writes Jackson Nichols L’24 at The Regulatory Review.

Aerial view of a sewage treatment facility

The Public Health Threat of Septic Tanks 

Madeline Bruning L’24 examines state and federal responses to shore up fragile septic infrastructure and curb public health risks.

Ice floes and fog surround the U.S.

Charting the Coast Guard’s Next Decade 

A NASEM committee chaired by Prof. Cary Coglianese has released a report offering recommendations to the Coast Guard and Congress for meeting emerging challenges facing the maritime sector.

Fernando Chang-Muy

‘Arbitrary Cruelty of Our Current Asylum System’ 

“We cannot turn our backs on Central American immigrants at the border,” writes Adj. Prof. Fernando Chang-Muy.

Regulation

AI for the Antitrust Regulator 

Prof. Cary Coglianese writes, “The same digital tools that drive innovations in the private sector can—and in some cases must—be deployed to improve regulators’ ability to oversee markets.”

Crime scene

Driving Systemic Change to Prevent Domestic Violence Fatalities 

The Quattrone Center and the City of San Francisco have released a report recommending policies and procedures to reduce domestic violence-related fatalities.

A person using a Naloxone vial with a syringe

Cracking Down on Overdose Deaths 

At The Regulatory Review, Katie Cohen L’24, MBE’24 explores the complexities of and continued barriers to increasing access to over-the-counter treatment for opioid overdose.

Jill Fisch and Elizabeth Pollman

Excellence in Corporate & Securities Scholarship 

Articles by Profs. Jill E. Fisch (left) and Elizabeth Pollman are among Corporate Practice Commentator’s Top 10 Corporate and Securities Articles of 2022.

‘America’s Mothers Are Suckers’ 

“Mother’s Day is a celebration that inspires its purported honorees to reflect on the very nature of a consolation prize,” writes Prof. Tess Wilkinson-Ryan L’05, G’06, PhD’08 at Slate.

‘Fool Me Once’ 

“The fear of playing the sucker can make it harder to read your own moral compass,” writes Prof. Tess Wilkinson-Ryan L’05, G’06, PhD’08 at The Pennsylvania Gazette.

Equal Rights Amendment Advocacy 

“The fight for the E.R.A… .  should serve as a reminder that constitutional amendment is possible,” writes Visiting Prof. Kate Shaw at The New York Times.

Institutional Investor Efforts to Promote Corporate Diversity 

Prof. Jill E. Fisch analyzes institutional investor efforts to promote corporate diversity and, in particular, the rationale for these efforts.

Regulating Machine Learning 

Prof. Cary Coglianese discusses the Biden administration’s recent actions concerning the federal government’s use of artificial intelligence.

Neurodiversity in the Legal Profession 

In the NALP Bulletin, Joanna Craig explores how increasing efforts to recruit and support neurodiversity in the legal profession raises new disclosure questions.

Lessons on Diplomacy 

After spending a semester studying women’s international human rights, Penn Carey Law students visited the UN Headquarters in New York.

Ending Mass Incarceration 

At Slate, Seema Saifee, Quattrone Center Research Fellow, explores how incarcerated individuals have contributed to the conversation on reducing incarceration and crime.

Protecting Children’s Right of Publicity 

Prof. Jennifer Rothman recently penned a piece at Slate exploring the “growing threat to the next Brooke Shields of the world.”

Leading the Process for Systemic Policing Change 

The Quattrone Center has released of the final set of recommendations from a Sentinel Event Review (SER) of incidents during protests following the murder of George Floyd.

What’s Next for Crypto? 

CTIC Academic Fellow Giovanna Massarotto outlines the possible routes of cryptocurrency’s future.

‘Abortion Pill Ruling is Bad Law’ 

At The New York Times, Visiting Prof. Kate Shaw argues that the Biden Administration should challenge the recent abortion pill decision.

Lawyers Leading ESG 

Penn Carey Law’s thought leadership in the ESG sphere uniquely prepares our students to enter this rapidly evolving field of business law.

Disability & the Right to Move in the World 

“[G]reater overall access masks the realities and stakes of air travel for people with disabilities,” writes Prof. Jasmine Harris at The Regulatory Review.

NCAA Rules and Foreign Athletes 

At The Regulatory Review, William McDonald L’24 explores the perspective that foreign student-athletes must currently choose between earning money and keeping their immigration status.

‘The Nation that Never Was’ 

In The Nation that Never Was, Prof. Kermit Roosevelt provides an alternate understanding of American identity.

Grid Reliability Through Clean Energy 

Prof. Shelley Welton’s paper outlining innovative strategies for strengthening grid reliability while accelerating the nation’s transition to a lower-carbon energy system has been award ASU’s Morrison Prize.

Why Student Loan Forgiveness Makes People Boiling Mad 

At Slate, Prof. Tess Wilkinson-Ryan L’05, G’06, PhD’08 explores how the fear of playing the sucker shows up in rhetoric surrounding student loan forgiveness.

Gender Justice Advocates 

In celebration of International Women’s Day, Penn Carey Law is proud to highlight dedicated advocates working tirelessly in the crucial fight for gender justice around the world.

Abortion Drug Approval 

At The Regulatory Review, Evelyn Tsisin L’24, GR’24 argues that the FDA — not courts — should decide on the safety of abortion drugs.

The True Birthday of Modern America 

At the Los Angeles Times, Prof. Kermit Roosevelt argues that March 2 is the true birthday of Modern America.

Is Your Phone a Medical Device? 

At The Regulatory Review, Nabil Shaikh L’24 explores the perspective that Congress and the FDA should treat risky clinical artificial intelligence tools as medical devices.

Award-Winning Privacy Scholarship 

Prof. Anita L. Allen’s article on privacy, race, equity, and online data-protection reform has been awarded a 2023 Privacy Papers for Policymakers Award.

AI Art Is in Legal Greyscale 

“The legal ambiguity of art created by artificial intelligence adds confusion to controversy,” writes Elizabeth Penava L’23 at The Regulatory Review.

‘Valentine’s Day Is For Fools’ 

Prof. Tess Wilkinson-Ryan L’05, G’06, PhD’08 wishes readers a “Happy Valentine’s Day, suckers,” with “utter affection” at The Washington Post.

The Psychology of Being Scammed 

“[F]eeling cheated,” writes Prof. Tess Wilkinson-Ryan L’05, G’06, PhD’08 at TIME, “is so aversive that people will go way out of their way to make sure it doesn’t happen.”

Award-Winning National Security Law Scholarship 

Prof. Jean Galbraith’s article, “The Runaway Presidential Power Over Diplomacy” has been awarded the Mike Lewis Prize.

Advocating for Racial and Civil Justice 

On February 3, the ARC Justice Clinic will launch with a day of events geared toward the continued fight for racial and social justice.

Leading the Interdisciplinary Legal Academy 

Three interdisciplinary legal academics reflect on the role Penn Carey Law has played in their professional journeys.

Noncompete Agreements and Antitrust’s Rule of Reason 

“The Federal Trade Commission should develop a nuanced approach to employee noncompete agreements,” writes Prof. Herb Hovenkamp.

Velvet Rope Discrimination 

Presidential Prof. Shaun Ossei-Owusu LPS’08 explores the civil rights’ implications of pervasive race, gender, and sex discrimination in bars, nightclubs, and restaurants.

Videotaping Interrogations in Pennsylvania 

The Quattrone Center has released “Videotaping Interrogations in Pennsylvania,” the first study to review Pennsylvania interrogation practices.

Disentangling the Influences of Defense Attorney Plea Recommendations 

Quattrone Center Research Fellow Johanna Hellgren has co-authored a paper that examines how defense attorneys make plea recommendations.

Training Tomorrow’s Legal Scholars 

Penn Carey Law’s interdisciplinary faculty cultivates an enriching atmosphere for emerging legal academics.

Putting Women Back into the Picture

Putting Women Back into the Picture 

In a new report, students study the intersection between arts, culture, and gender-based stereotypes to better understand trends in law and policy worldwide.

Life Sentence Commutations 

David Rudovsky and Kathleen M. Brown advocate the continuation of the commutation process and reform legislation providing for life with parole.

The Future of America’s Health Insurance 

“[I]t is an ideal time to begin to invest in policies that can foster a more secure, less complicated, and more equitable post-pandemic horizon of health insurance,” writes Prof. Allison K. Hoffman.

Amicus in LGBTQ+ Rights Case 

Prof. Tobias Wolff writes that the First Amendment “affords no sanctuary for discriminatory conduct in the public marketplace.”

Pandemic Governance 

Assistant Prof. Yanbai Andrea Wang analyzes the U.S. governmental response to the COVID-19 pandemic in a recently published article.

The Law of Networks, Platforms, and Utilities 

Prof. Shelley Welton has co-authored a new casebook that encourages using the tools of NPU law to help address some of the most pressing problems of our time.

Thought Leadership: Closing the Climate Funding Gap 

Prof. Bill Burke-White proposes a “green investment treaty” to close the climate funding gap.

Neutralizing the Atmosphere 

“Disjunctive efforts toward net zero … threaten to undermine the legal, political, and physical foundations of the global project,” writes Prof. Shelley Welton.

SCOTUS Tackles Pork Regulation 

Prof. Michael Knoll explores the potential ramifications of National Pork Producers Council v. Ross in The Regulatory Review.

Lauder Institute

Education for Global Business Leadership 

Penn Carey Law students pursuing joint JD/MAs with the Lauder Institute travel around the world to prepare for positions leading global business sectors.

Will SCOTUS Upend the Internet? 

“The Supreme Court’s resolution of the Gonzalez case will likely represent the most consequential update for Section 230 in the foreseeable future,” writes Prof. Christopher S. Yoo in the Los Angeles Times.

Quattrone Center

Improving Police Response to Protests 

The Quattrone Center for the Fair Administration of Justice has released recommendations based on a Sentinel Event Review of the Seattle PD’s response to protests in 2020.

Supreme Court’s ‘Wrecking Ball’ 

“As Black students in law school, we’re concerned that SCOTUS could dismantle affirmative action at a time when students of color remain at significant disadvantage,” write BLSA Advocacy Co-Chairs Devontae Torriente L’24 and Ty Parks L’24 for The Philadelphia Inquirer.

Closing Guantánamo Bay Prison 

Prof. Claire Finkelstein has co-authored a report that includes recommendations for closing Cuba’s Guantánamo Bay Prison and restoring the rule of law to the law of war.

Corporate Law Scholarship Excellence 

A paper co-authored by Prof. Elizabeth Pollman has been awarded the European Corporate Governance Institute’s 2022 Gottlieb Prize for the Best Paper in the ECGI Law Working Paper Series.

Immigration stamp with Congressional building in the background

Rethinking Credibility Assessments 

A federal appellate court recently cited Visiting Assistant Practice Prof. Liz Bradley’s research on demeanor evidence in asylum cases.

The U.S. and International Disability Law 

At the University of Pennsylvania Journal of Constitutional Law, Benjamin A. Barsky L’19, G’19 writes about how cities and states have incorporated international disability rights principles in their laws and policies.

Reforming the Bail System 

Prof. Paul Heaton discussed the Quattrone Center’s study on bail reform in Harris County, Texas with the Texas Standard.

Bail Reform Benefits 

A Quattrone Center study has found that misdemeanor bail reforms in Harris County, Texas have had a positive impact on public safety.

Book Bans and Free Speech 

The Institute for Law & Philosophy’s Sigal Ben-Porath discusses the connection between book bans and free speech at Penn Today.

Social Justice Grant 

Prof. Sally Gordon has secured a Klein Family Social Justice Grant for her project, Free State Slavery and Bound Labor: Pennsylvania.

Pathbreaking Research on Evictions 

Bloomberg CityLab recently ran a feature on Prof. David Hoffman’s latest study on how travel time to court affects evictions in Philadelphia.

Health Care in the Court 

In The Regulatory Review, Prof. Allison Hoffman, analyzes the major health-related decisions of the Supreme Court’s last term.

Judicial Activism 

Prof. Kermit Roosevelt explains judicial activism in a historical sense, and how justices today interpret the Constitution and federal and state policies.

Dangerous Opinion on Climate Change 

“[T[here is no escaping the conclusion that the opinion is dangerous on two fronts: for the climate and for administrative capacity more broadly,” writes Prof. Shelley Welton of the Court’s decision in West Virginia v. EPA.

Freedom of Speech or Coerced Prayer? 

Prof. Kermit Roosevelt recently discussed the Supreme Court’s decision in Kennedy v. Bremerton Sch. Dist. with KYW.

‘Radical Shift in Doctrine’ 

“The decision of the Supreme Court of the United States in Dobbs v. Jackson Women’s Health overruling Roe v. Wade is a tectonic shift in the constitutional landscape,” writes Prof. Tobias Wolff.

The SEC and Climate-Related Disclosures 

Prof. Jill E. Fisch recently submitted a Comment Letter to the SEC regarding its authority to pursue climate-related disclosures.

Fractured State Responses 

Prof. Cary Coglianese discusses how states are responding to the Supreme Court’s decision that limits the EPA’s role in combatting climate change.

Geopolitical Balance in Asia 

“The U.S. must act more decisively to build on Europe’s engagement and ensure Kazakhstan does not drift closer to China or back to Russia,” writes Prof. William Burke-White.

The Real Birth of a Nation 

Prof. Kermit Roosevelt argues that we should celebrate the birth of the U.S. on the anniversary of the Gettysburg Address to celebrate the ideal of equality for all.

Supreme Court Citations 

In a concurring opinion in West Virginia v. EPA, Justice Gorsuch cited work published in The Regulatory Review and by Prof. Cary Coglianese.

‘Devastating’ Climate Change Decision 

Prof. Shelley Welton calls the decision “bad for climate change and bad for people in the administration who are working creatively on solutions to the big, important problems that are facing the nation.”

Expanding Judicial Sentencing Discretion 

The Quattrone Center’s John Hollway shares his insights on the Court’s decision on sentencing reductions under the First Step Act.

SCOTUS Curbs EPA on Climate Change 

Penn Carey Law faculty respond to the Court’s recent decision that limits the EPA’s role in combatting climate change.

Climate-Related Disclosures for Investors 

The Honorable Leo E. Strine Jr. L’88 has submitted a letter to the SEC arguing that the agency should require climate-related disclosures to investors.

International Arbitration Discovery 

“The Supreme Court has limited U.S.-style discovery for international arbitration — but not entirely,” said Assistant Prof. of Law Yanbai Andrea Wang.

‘The Trouble with Time Served’ 

Prof. Kimberly Kessler Ferzan L’95 expounds upon her research and scholarship on the problems associated with crediting time served.

‘Evolving Interpretations of Title IX’ 

On the 50th anniversary of Title IX, Prof. Karen M. Tani L’07, PhD’11 shares her insights on the landmark bill from a historical perspective.

Title IX and Disability 

On the anniversary of the landmark bill, Prof. Jasmine Harris shares five things to know about how Title IX and disability intersect.

Race, Equity, and the Law Podcast 

Prof. Dorothy E. Roberts is the featured guest of the first episode of Community Legal Services of Philadelphia’s new podcast, “How Is That Legal?”

Faculty Reactions to AHA v. Becerra 

Prof. Coglianese and Prof. Hoffman share their perspectives on the recent Supreme Court decision.

SCOTUS Immigration Decisions 

Practice Prof. of Law Sarah Paoletti says the recent decisions will have a “devastating impact on non-citizens and their family members.”

American Philosophical Society Membership 

Prof. Anita L. Allen has been elected to the prestigious American Philosophical Society.

Eviction by Default 

Prof. David Hoffman’s new study links tenant evictions with long courthouse commute times.

SCOTUS Bankruptcy Decision 

Bankruptcy expert Prof. David A. Skeel offers his perspective on the Court’s decision in Siegel v. Fitzgerald.

‘Stop Policing Families’ 

Prof. Dorothy E. Roberts advocates the abolition of the child welfare system.

Louisiana’s Right of Publicity Legislation 

Prof. Jennifer E. Rothman is “disappointed that yet another state has created a transferable right in a person’s own identity without addressing the troubling repercussions of doing so.”

Long COVID and the Workplace 

Prof. Jasmine Harris discusses the new disability of Long COVID in the context of employment law.

Historic Clerkship Attainment 

During the 2021-2022 academic year, student and alumni applicants obtained 102 total clerkships – the highest number of clerkships ever attained in Law School history.

Golkin Hall, Kline Specter Moot Courtroom

2022-2023 Moot Court Board 

Each year, students on the Moot Court Board collaborate behind-the-scenes to create and run the Law School’s annual advocacy competition, the Edwin R. Keedy Cup.

Environmental Justice Advocates 

The Environmental Law Project (ELP) is dedicated to environmental law and policy, fighting climate change, and advancing environmental justice

Race and Regulation Podcast Series 

The Penn Program on Regulation’s “Race and Regulation Podcast Series” will focus on ensuring equal justice, dignity, and respect to all people.

Pathbreaking Corporate & Securities Scholarship 

Articles by Profs. Fisch (left) and Pollman are among Corporate Practice Commentator’s Top 10 Corporate and Securities Articles of 2021.

Recognizing Teaching Excellence 

Six members of the University of Pennsylvania Carey Law School faculty have received teaching awards for the 2021–22 academic year.

Courtyard view of Golkin Hall.

Cultivating Thought Leaders 

The Law School has named Laura Dolbow and Ayodeji Perrin L’13 as Sharswood Fellows.

AI & Inequities 

Dana Dyer L’22 has authored a trailblazing report shining a light on how AI contributes to racial bias in hiring processes for Black educators.

Historic Debt Restructuring 

Prof. Skeel chaired the Financial Oversight and Management Board for Puerto Rico, known locally as “la Junta.”

Child Welfare System Abolition 

Prof. Roberts recently spoke to The Pennsylvania Gazette about her new book, Torn Apart.

Honoring Student Leadership 

Interim University President Pritchett gave high praise to The Regulatory Review’s board and staff at the publication’s annual dinner.

Penn Carey Law Reacts to Leaked Opinion 

Profs. Roosevelt and Wolff as well as student leaders of a pro bono reproductive justice project share their insights.

‘Opinion Suffused with Contempt and Rage’ 

Of the leaked document, Prof. Wolff said that Justice Alito “has crafted an opinion that disregards the lives of women and girls altogether.”

Leaked SCOTUS Opinion Reaction 

Referencing gay rights decisions, Prof. Roosevelt cautions, “If there are five justices who endorse this draft, it’s unlikely that they will stop with Roe.”

Antitrust from a Historical Perspective 

At ProMarket, Prof. Hovenkamp writes about a recently unearthed memo from George Stigler and Richard Posner to the Reagan administration.

Outstanding Faculty Achievement 

Prof. Dorothy E. Roberts was recently elected to the American Academy of Arts and Sciences.

Jill Fisch and Sarah Pierce

Teaching Excellence 

Jill Fisch and Sarah Pierce were recently honored with 2022 Provost’s Teaching Awards.

Regulation of Black Families 

“The United States should replace its current family surveillance system with one that improves children’s welfare,” writes Prof. Roberts at The Regulatory Review.

Child Welfare System Myths 

“No, most children in foster care haven’t been rescued from abuse,” writes Prof. Roberts in The Washington Post.

Antitrust by Algorithm 

In the Stanford Computational Antitrust Journal, Prof. Coglianese and Alicia Lai L’21 explore machine-learning algorithms’ potential role in antitrust regulation.

Enhancing Police Accountability and Performance 

One of Quattrone Fellow Taeho Kim’s recent projects studied the effects of body cameras on law enforcement outcomes.

Understanding Neurodiversity 

In the latest NALP Bulletin, Maureen Reilly reviews a book that explores why understanding neurodiversity is a necessity for all professions.

Regulation, Social Justice, and Medicine 

Sharswood Fellow Allison M. Whelan’s research focuses on the roles of agencies, legislatures, the courts, and the executive in regulating the distribution of and access to medicines and medical services.

Abolishing the Child Welfare System 

Mother Jones recently published an excerpt of Prof. Roberts’ new book, Torn Apart: How the Child Welfare System Destroys Black Families — And How Abolition Can Build a Safer World​.

Black Women Leaders 

Simone Hunter-Hobson L’23, Chayla Sherrod L’23, and Layla June West L’23 are making history as the editors-in-chief at three of the Law School’s journals. Photo: Elizabeth Robertson / The Philadelphia Inquirer Staff Photographer

Tomorrow’s Health Law Lawyers 

A Penn Carey Law team of 2Ls placed second at the Maryland Carey Law’s Health Law Regulatory & Compliance Competition.

At Bloomberg Law, Prof. Claire Finkelstein urges Congress to act to ensure executive privileges are not used to cover up illegal government conduct 

“Doctrines that enhance executive branch secrecy ultimately damage national security if they interfere with the ability of other federal branches to hold the executive branch to account,” writes Finkelstein.

At The Philadelphia Inquirer, Prof. Dorothy Roberts argues that the child welfare system can destroy families 

“Home inspections . .  may lead to intensive monitoring that lasts for years, forced separation of children, and, at the extreme, the permanent termination of parental rights,” writes Roberts.

Prof. Tobias Wolff explains the Florida ‘Don’t Say Gay’ bill and a Texas directive on transgender children 

Wolff is the Jefferson B. Fordham Professor of Law and Deputy Dean for Equity and Inclusion at the University of Pennsylvania Carey Law School.

Prof. Dorothy Roberts traces the history of race and the regulation of Black women’s bodies in chapter for The 1619 Project 

Roberts is an acclaimed scholar of race, gender, and the law, and is the founding director of the Penn Program on Race, Science & Society in the Center for Africana Studies.

Alexander Sprenger L’22 and Katherine Rohde L’23 named winners of ‘Administrative Law’ essay competition 

Sprenger wrote about the redefined scope of the Clean Water Act while Rohde’s essay addresses congressional action concerning suicide risks among LGBTQ+ youth.

At Criminal Law and Philosophy, Prof. Stephen Morse explores the question: Is executive function the universal acid? 

Morse’s persuasive essay is in response to  Responsible Brains, a book authored by William Hirstein, Katrina L. Sifferd, and Tyler K. Fagan of Elmhurst College.

Presidential Prof. Lisa Fairfax to introduce Judge Ketanji Brown Jackson at SCOTUS confirmation hearings 

Fairfax and Brown Jackson have been friends since rooming together at Harvard, both undergrad and in law school.

Prof. Kimberly Ferzan L’95 discusses self defense and the use of deadly force at Talks On Law 

Ferzan explains self-defense laws and its elements, including the use of deadly vs. nondeadly force, when use of force is reasonable, and provocateurs and initial aggressors.

At Smerconish, Prof. Claire Finkelstein evaluates Russia’s threat to treat foreign fighters as war criminals 

“Russia’s claim that such volunteers may be prosecuted as war criminals simply by virtue of joining the fight is an even grosser distortion of the law of war.”

Quattrone Center co-facilitates Sentinel Event Review of ‘Wave 2’ of Seattle Police Department’s response to 2020 protests 

“[T]he panel is showing that bridges between the community and the SPD can be rebuilt on a foundation of mutual respect and dignity,” said the Quattrone Center’s Executive Director John Hollway C’92, MAPP’18.

At the Duke Law Journal, Prof. Cary Coglianese and Alicia Lai L’21 offer a framework for determining when government should use artificial intelligence 

Coglianese and Lai caution that existing processes can sometimes be “far more problematic than their digital counterparts.”

At The Wall Street Journal, Prof. David Skeel reviews three books that explore the past and future of hedge funds 

Skeel focuses his research and scholarship on bankruptcy, corporate law, financial regulation, Christianity and law, and other topics.

At Newsweek, Prof. Claire Finkelstein advocates for the ban of all Russian oil and gas imports, including into Europe 

“The U.S. ban on Russian oil and gas imports will not be truly effective unless Europe participates.”

At the University of Pennsylvania Journal of Constitutional Law, Prof. Claire Finkelstein explores the issue of presidential immunity 

“[I]mmunity from criminal prosecution for a sitting President would undermine all other forms of accountability …”

At The Hill, Prof. William Burke-White warns that the international order will hold Putin accountable for his invasion of Ukraine 

“Precisely because of the flagrancy of Putin’s violation, the world has emerged united behind the United Nations Charter,” writes Burke-White.

At The Washington Post, Prof. Dorothy Roberts denounces Texas governor’s use of child welfare agencies to investigate parents seeking gender-affirming care for trans children 

“Abbott’s deployment of the child welfare system will punish parents for affirming their children’s gender identities, not protect children,” writes Roberts.

Prof. Claire Finkelstein urges the House Judiciary Committee to investigate the torture of Abu Zubaydah and encourage the government to waive the state secrets privilege 

“How can we credibly criticize Putin for committing war crimes in Europe at the same time that we distort the law to cover up our own illegal conduct?” Finkelstein wrote. 

Prof. David Skeel testifies before U.S. Senate subcommittee on the potential abuse of ‘Texas Two-Step’ transactions in the Chapter 11 reorganization process 

“The opportunity for abuse — and for undercutting the rights of victims and other creditors — is obvious,” wrote Skeel.

Q&A with Quattrone Center Assistant Director Ross Miller on the invisibility of prosecutorial misconduct 

The recently published report “Hidden Hazards” analyzes the varied allegations and findings of prosecutorial misconduct in state and federal courts throughout Pennsylvania.

The Quattrone Center’s John Hollway C’92, MAPP’18 and Ross Miller will discuss prosecutorial misconduct at the Harry Frank Guggenheim Symposium on Crime in America 

Hollway and Miller will discuss prosecutorial misconduct during one of the symposium’s panels.

Prof. Claire Finkelstein discusses Ukraine NATO membership as well as U.S. ethical, legal, and cybersecurity concerns 

Finkelstein is a renowned expert in national security law and policy and democratic governance with a focus on related ethical and rule of law issues.

Prof. Anita Allen receives 2022 Berkeley Center for Law & Technology Privacy Award 

The award recognizes Prof. Allen’s “immeasurable contributions to the field” of privacy law, said Dean Ruger.

In Philadelphia Inquirer op-ed, Prof. David Hoffman, Jordan Konell L’22, and Luke McCartney L’23 advocate for rental lease template to help prevent disputes 

Access to a plain language, easy-to-understand guide with legally valid terms would bring much-needed stability and fairness to the start of the rental process for both sides.

Assistant Prof. of Law Holly Fernandez Lynch C’03, L’06, G’06 named Hasting Center Fellow 

Fernandez Lynch joins Profs. Anita Allen and Dorothy Roberts as Law School faculty who are also Hasting Center Fellows.

Former Justice Breyer law clerks Dean Ruger and Prof. deLisle share perspectives on his retirement 

Ruger and deLisle praise Justice Breyer’s brilliance and broad approach to reaching legal decisions.

Judy Chicago, The Dinner Party, 1974–1979, mixed media, Elizabeth A. Sackler Center for Feminist Art, Collection of the Brooklyn Museum...

Simone Hunter-Hobson L’23 calls on the legal community to prioritize Black women’s health in new report 

The work is part of a longer report entitled “A Place at the Table,” written by students in Professor Rangita de Silva de Alwis’s “Women, Law, and Leadership” class.

At TIME, Prof. Kermit Roosevelt traces the evolution of MLK Jr.’s views on America through his speeches 

Roosevelt maintains that King’s focus on Reconstruction should guide us forward.

At The Christian Science Monitor, Prof. Coglianese explains the potential far-reaching consequences of the SCOTUS decision that strikes down OSHA’s vaccine mandate 

Coglianese predicts the Court will continue to “be suspicious of grand exercises of regulatory authority by federal agencies.”

Prof. Eric Feldman says SCOTUS decision denies ‘OSHA the opportunity to protect millions of workers from the possibility of COVID-19-related hospitalization and death’ 

Feldman is an expert in comparative public health law, particularly in the context of regulations surrounding COVID-19 and other urgent policy issues.

Prof. Allison Hoffman explains SCOTUS decisions that block Biden’s OSHA vaccine mandate but allow the rule for health care workers 

“This Supreme Court has begun to narrow the scope of agency authority, including with today’s decision on the OSHA rule.”

In remembrance of Lani Guinier, former Law School professor and pioneering civil rights advocate 

The Law School remembers and honors the legacy of Lani Guinier, who taught here from 1988 and 1998 and passed away on Friday, January 7, 2022.

Prof. Kermit Roosevelt argues that the U.S. was born not in 1619 or 1776 but rather in 1863 with the Emancipation Proclamation 

In an opinion piece at The Hill, Prof. Roosevelt urges Americans to “remember how we first started on the path of liberty and equality.”

Prof. Claire Finkelstein’s scholarship is instrumental in the House passage of an amendment to the Protecting Our Democracy Act 

The amendment to the Act, proposed by Congressman Raskin, was closely based on Finkelstein’s proposal, co-authored by Richard Painter.

At Bloomberg Law, Prof. Cary Coglianese emphasizes the importance of empathy in an automated state 

“The prospect of automating a vast swath of governmental decisions … promises more than just a path toward more efficient delivery of government services. It can provide, at the same time, an important opportunity to lead toward a more empathetic government,” writes Coglianese.

University of Pennsylvania Carey Law School year in review: 2021 

A look back at the top stories from the Law School this past year.

Prof. Michael Knoll elected to the American Law Institute 

Knoll, who is also Co-Director of the Center for Tax Law and Policy, focuses his work at the intersection of business and law.

Quattrone Center’s review of prosecutorial misconduct claims finds a lack of transparency and accountability throughout the Pennsylvania criminal justice system 

“Hidden Hazards” is based on a review of state and federal claims of prosecutorial misconduct between 2000 and 2016.

Prof. Anita Allen to receive the Philip L. Quinn Prize, the American Philosophical Association’s highest honor 

Prof. Allen served as President of the APA’s Eastern Division in 2018-19 – the organization’s first Black woman president.

Kermit Roosevelt

Prof. Kermit Roosevelt warns that SCOTUS expansion ‘may be the only thing that will save our democracy for the next generation’ 

Prof. Roosevelt also advocates for term limits for Supreme Court Justices, with staggered eighteen-year terms.

‘Women, Law, and Leadership’ students advocate for change during ’16 Days of Activism Against Gender-Based Violence’ 

Student leaders from across the globe joined delivered remarks on the vital status of women’s rights activism today.

In the inaugural issue of TechREG Chronicle, Prof. Coglianese discusses the challenges of regulating new technology 

Coglianese explores the vital role of human capital in the regulation of technology.

Spike in child marriages may be ‘the most disturbing fallout of the Taliban takeover’ 

De Silva de Alwis explains why there has been an increase in marriages of underage girls in Afghanistan and what could be done to improve girls’ lives.

Cynthia Dahl

Prof. Cynthia Dahl explains the Taylor Swift copyright controversy 

Dahl notes that most recording artists in a similar position as Swift regarding copyrights – “and maybe it’s time for that to change.”

Prof. Allison Hoffman explains the potential impact of SCOTUS decision in Becerra v. Empire Health Foundation 

At issue in the case is how extra Medicare payments to hospitals for treating low-income patients are calculated.

Profs. Cary Coglianese and Allison Hoffman share their insights on American Hospital Association v. Becerra 

The case centers on the Chevron doctrine, which provides that courts should defer to an administrative agency’s reasonable interpretation of an ambiguous statute.

Prof. Kimberly Kessler Ferzan L’95 cautions against drawing ‘broad societal implications’ from Rittenhouse acquittal 

“But it does raise a much broader question for what the law should be. We have to think about how individuals provoke fights,” said Ferzan.

Prof. Dorothy E. Roberts argues for the abolition of the child welfare system as part of PPR’s Race and Regulation Lecture Series 

Roberts maintains that the U.S. child welfare system is designed to police Black families, not to protect children, and must be replaced with a new vision of family support and child safety.

Adjunct Prof. Sarah Hammer and CTIC Academic Fellow Giovanna Massarotto explore the business and legal implications of cryptocurrency 

Hammer discussed cryptocurrency’s role in various industries, while Massarotto explored the issue of regulation.

Quattrone Center releases Sentinel Event Review analysis of the Madison Police Department’s response to the George Floyd protests 

A joint community stakeholder group generated 69 recommendations for tactical and environmental improvements to the Madison Police Department.

Quattrone Center Research Fellow Dr. Johanna Hellgren examines how defense attorneys approach plea bargain decisions 

Hellgren’s research also delves into the Alford plea, which allows defendants to maintain their innocence while accepting a plea deal.

Detkin Intellectual Property Clinic supports Penn’s efforts to commercialize vital vaccine technology 

As part of the clinic, Alex DeLaney GR’19, L’22 helped support the University’s technology licensing process.

Race and Regulation Lecture Series: Prof. Dorothy Roberts explores how family regulation punishes poor people of color 

Prof. Roberts will draw from her forthcoming book, Torn Apart: How the Child Welfare System Destroys Black Families — And How Abolition Can Build a Safer World.

Prof. Serena Mayeri on abortion rights in the Supreme Court: Reproductive freedom ‘remains in grave jeopardy’ 

The Texas abortion law SB8 “has already had devastating short- and long-term consequences,” said Mayeri.

Prof. Feldman discusses whether schools should mandate COVID-19 vaccines for children 

“I think providing choice, rather than pulling choice away, helps to incentivize people towards decisions that positively impact public health,” said Feldman.

New course on the Law of Autonomous Vehicles

‘Law of Autonomous Vehicles’ course challenges students to engage in emerging legal field 

In one of our newest courses, students engage in vibrant discussions at the nexus of law, philosophy, rapidly-growing business sectors, and cutting-edge technological innovation.

As climate leaders gather in Glasgow, Prof. Cary Coglianese’s scholarship illuminates the challenges facing the Paris Agreement 

The Agreement’s structural limitations and increasing populism could inhibit the successful implementation of international climate mitigation strategies, observes Prof. Coglianese.

CTIC Academic Fellow Giovanna Massarotto explores whether technologies are ruling markets 

Massarotto, along with Prof. Yoo, will discuss competition issues associated with the use of algorithms, artificial intelligence (AI), and predictive analytics in business decisions during Penn Law Antitrust Association’s annual seminar.

Prof. Allison Hoffman praises some aspects of Biden’s Build Back Better framework, criticizes others 

Hoffman calls the framework “a tremendous step forward for health care and long-term care” despite “some predictable disappointments.”

“Race, Power, and American Democracy: Rethinking Voting Rights Law and Policy for a Divided Nation” 

The lecture by Professor Guy-Uriel Charles of Harvard Law is part of Public Interest Week, the Race and Regulation Lecture Series, and the “Advancing Racial Justice” colloquium.

Energy and climate law professor joins Penn Carey Law and the Kleinman Center 

Shelley Welton’s faculty appointment is at the University of Pennsylvania Carey Law School where she will hold an affiliation with the Kleinman Center for Energy Policy in the Weitzman School.

New research on the Economics of Digital Services released by CTIC and The Warren Center for Network & Data Sciences 

The research delves into the role data play in digital platforms’ business strategies and their antitrust implications.

A gavel rests on an open law textbook in court archive text collection study room of Biddle Law Library

New course analyzes the role of progressive prosecutors in the criminal justice reform movement 

Using Philadelphia as a microcosm, “Criminal Justice Reform and the Progressive Prosecution Movement will analyze the emerging trend of progressive prosecutors’ offices and discuss how their strategies fit into a larger movement for criminal justice reform.

Olivia Bethea L’21 argues for intellectual property reparations for African American inventors in forthcoming essay 

Bethea’s “The Unmaking of ‘Black Bill Gates’: How the U.S. Patent System Failed African American Inventors” will be published in the University of Pennsylvania Law Review Online.

Prof. Robinson and Lindsay Holcomb L’21 explore the importance of maintaining criminal law’s moral credibility 

“[A] criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby loses crime-control effectiveness,” write Robinson and Holcomb.

Meghan Downey L’21 argues for a totality of the circumstances approach for habeas petitions in forthcoming article 

Downey’s article was developed during a federal habeas corpus course at the Law School and will appear in the Berkeley Journal of Criminal Law.

Twenty years later: Law School faculty reflect on 9/11’s impact on the law 

Law School faculty share their insights into how 9/11 has impacted the law, particularly in their areas of expertise:

Law School adds new faculty for 2021-2022 

Lisa Fairfax, Jasmine Harris, Sandra Mayson, and Jennifer Rothman join the standing faculty, and three practitioners, including two Law School alums, join the Legal Practice Skills faculty.

The Regulatory Review commemorates 25 years of HIPAA 

The Regulatory Review is publishing a series of six essays analyzing HIPAA, including the lead essay written by Henry R. Silverman Professor of Law and Professor of Philosophy Anita L. Allen.

Grace Greene L’20 to clerk for Chief Justice of the United States John Roberts 

Greene is currently clerking for Senior Fellow, the Honorable Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit.

Penn Shield

Quattrone Center facilitates City of Seattle Sentinel Event Review 

Quattrone Center for the Fair Administration of Justice Facilitates City of Seattle Office of Inspector General Sentinel Event Review of Seattle Police Department’s Response to Last Summer’s Protests

‘The Dean of American Antitrust Law’ honors Prof. Hovenkamp’s contributions to contemporary U.S. antitrust doctrine 

The tribute book celebrates Prof. Hovenkamp’s life and work through contributions by peers, colleagues, and former students.

Fernando Chang-Muy comments on Johnson v. Guzman Chavez 

Fernando Chang-Muy, Adjunct Professor of Law at the University of Pennsylvania Carey Law School, comments on SCOTUS the decision in Johnson v. Guzman Chavez. Supreme Court held that 6-3 that deported immigrants who re-enter the U.S. illegally and claim they fear torture at home must remain in custody while their cases are processed.

Prof. Yoo

Access and Expansion 

Professor Yoo comments on the multilayered challenges in closing the broadband coverage gap

Penn Law & Free Migration Project report reveals ongoing unreported violations of patient rights with medical deportations 

The authors of the report include Toll Public Interest Fellow Erica V. Rodarte Costa L’22, Jacqueline Monnat L’21, and Free Migration Project’s Executive Director David Bennion and Program Coordinator Adrianna Torres-García.

Prof. Coglianese

Prof. Coglianese assesses environmental soft law as a governance strategy 

Prof. Coglianese offers an in-depth analysis of soft law governance of environmental quality, concluding that while it holds much appeal, decision makers should also be aware of its limitations.

Prof. Allison Hoffman offers innovative health care system solution: a public option for employer health care plans 

Prof. Hoffman presented her paper “A Public Option for Health Care Plans” at “The Promise of Health Reform and a Public Option in a Biden Administration” virtual conference organized by the Leonard Davis Institute of Health Economics and United States of Care.

Prof. Baker’s COVID Coverage Litigation Tracker gives judges, lawyers, and scholars invaluable insight into the pandemic’s effects on insurance contracts 

Prof. Tom Baker’s COVID Coverage Litigation Tracker includes over 1,500 cases and is regularly cited in court opinions and major publications.

Prof. Hovenkamp explores what counts as consumer welfare in the antitrust world 

Professor Herbert Hovenkamp advocates for a better defined principle of consumer welfare so antitrust law can be more effective.

Prof. Morse’s essay in Los Angeles Review of Books explores issues at the intersection of law, psychology, and society 

In his book review, Prof. Morse uses Susan Vinocour’s book Nobody’s Child as a vehicle to explore various criminal law and justice system issues that intersect with mental health and social welfare.

Prof. Allison Hoffman publishes Oxford Handbook chapter on inequitable access to health care in the U.S. 

Health care law expert Professor Allison Hoffman maps out the complex picture of access to medical care in the United States in this Oxford Handbook chapter.

Prof. Balganesh argues against Ninth Circuit’s ‘nutty’ rule prohibiting use of technical experts in software copyright cases 

Professor of Law Shyamkrishna Balganesh contends that courts should allow technical experts to testify in software copyright cases.

Prof. Coglianese shows how populist leaders use the law as a ‘scapegoat’ to fuel public disaffection 

In his recently released paper, “Law as Scapegoat,” Professor Cary Coglianese argues that some populist leaders frame laws and regulations as “the other” in an effort to expand their followings.