Digital Commons Network^™

The Case For Treason, George P. Fletcher

Faculty Scholarship

"If this be treason, make the most of it." Patrick Henry had no fear of the ultimate crime against his King. Nor did the burghers of Maryland who set ablaze the Peggy Stewart in Annapolis Harbor. One would think that for us as Americans the crime of treason would carry special significance. Our nation was born in acts of treason. The threat of prosecution made the crime foremost in the mind of the constitutional draftsmen. Indeed, treason is the only crime to find definition in our basic document.

There are other indications that the crime of treason is central to …

Application Of Customary International Law By U.S. Domestic Tribunals, Lori Fisler Damrosch

Faculty Scholarship

In recent years there has been a significant expansion of the number and kinds of cases in U.S. courts raising issues of customary international law. U.S. courts are increasingly asked to enforce international norms of behavior against foreign governments, state and local governments, and indeed the U.S. Government itself. To a greater and greater extent the courts themselves have become actors on the international scene: in the view of one party to a lawsuit, judicial or quasi-judicial acts may threaten to violate international law, while in the view of another party those same sorts of acts can contribute affirmatively to …

Sabotaging And Reconstructing History: A Comment On The Scope Of Copyright Protection In Works Of History After Hoehling V. Universal City Studios, Jane C. Ginsburg

Faculty Scholarship

This comment examines the Hoehling decision, and attempts a definition, in light of Hoehling and prior decisions, of historical "expression." A definition of historical expression is essential to analysis of an historian's infringement claim. Before the fact-finder determines whether a defendant's work is substantially similar to the historian's work, and if substantially similar, whether the fair use doctrine excuses the apparent infringement, the trial judge must first determine whether, as a matter of law, the portions the historian claims were infringed manifest copyrightable expression. If there is no or insufficient expression, the case closes at the summary judgment stage.

This …

Directly Unproductive, Profit-Seeking (Dup) Activities, Jagdish N. Bhagwati

Faculty Scholarship

This paper proposes directly unproductive, profit-seeking (DUP) activities as a general concept that embraces a wide range of recently analyzed economic activities, including the subset of rent-seeking activities considered by Krueger. It then proceeds to provide a syn-thesis and generalization of the welfare-theoretic analysis of such activities by developing a fourfold categorization of cases depending on the levels of distortions before and after the DUP activity. Thus a unification and overview of the subject are achieved.

Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner

Articles

Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …

Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn

Articles

The enactment of the Economic Recovery Tax Act of 1981 (hereinafter referred to as "the 1981 Act") will reduce both the impact of federal wealth transfer taxes and the number of persons still subject to them. Nevertheless, even after the 1981 Act takes full effect, a category of persons remains for whom wealth transfer taxes will constitute a meaningful burden and whose estates face a liquidity problem in satisfying the estate tax liability. The focus of this article is on two statutory techniques: redemptions of stock pursuant to section 3031 and deferral of estate tax payments under section 6166.2 These …

Current Research Sources In French Law, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Will Blood Tell Genetic Markers In Criminal Cases?, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Case Against Shark Repellent Amendments: Structural Limitations On The Enabling Concept, Ronald J. Gilson

Faculty Scholarship

The tactical history of the tender offer movement resembles an unrestrained arms race. Faced with offeror assaults in the form of Saturday night specials, various types of bear-hugs, godfather offers, and block purchases, target management responded with equally intriguing defensive tactics: the black book, reverse bear-hug, sandbag, show stopper, white knight, and, drawing directly on military jargon, the scorched earth. But however varied the labels given particular defensive strategies, they share the common characteristic of being responsive: They are available only after an offer is made and the battle for the target's independence joined. From the target's perspective, what was …

Developments, Roger C. Cramton

Cornell Law Faculty Publications

The world of legal education---over 180 law schools, 6,000 law teachers, and 125,000 law students--is a large and varied one. The purpose of this department is to facilitate the exchange of information and ideas concerning noteworthy experiments, innovations, and developments in program, curriculum, teaching, scholarship, administration, and the like. Contributions from readers are invited. Those of a longer nature may be published as authored pieces; others will be summarized by the Editor in this space.

Uma Analise De Pesquisa Sobre O Ensino De Ciências No Brasil, 1970-1980 [An Analysis Of Research On The Teaching Of Science In Brazil, 1970-1980], Karl M. Lorenz

Education Faculty Publications

No abstract provided.

Human Rights And The Free Flow Of Information, Lung-Chu Chen

Articles & Chapters

"Human Rights and the Free Flow of Information." This topic immediately raises three key questions: the appropriate conception of human rights; the scope and reach of freedom of information; and finally, the bearing of one upon the other.

Regulation Of Cable Television In The United States, Michael Botein

Articles & Chapters

No abstract provided.

Managing Flood Risk: Technical Uncertainty In The National Flood Insurance Program, Michael S. Baram, J. Raymond Miyares

Faculty Scholarship

Congress established the National Flood Insurance Program ("NFIP")² to prevent flood damage and to provide relief after such damage has occurred. The NFIP is administered by the Federal Emergency Management Agency ("FEMA" or "Agency") ³ and has become a major influence on state and local land use regulation and a critical factor in private land use decisions across the nation.

This innovative program seeks to control the risk of flood damage by inducing local government to take land use control and other "police power" measures. It offers, as the inducement for such measures, the availability of federal flood insurance …

The Framework Of Democracy In Union Government, Roger C. Hartley

Scholarly Articles

This article ventures into, and attempts to clarify, the context that affects and is affected by the law regulating union government. Drawing extensively from disciplines other than law, it posits a unified role for this body of law by focusing on unions' assigned societal functions and the realities of their structure and government. Part II traces the context in which the law regulating union government develops. It first describes the dual governments unions administer, and the competing interests within each that law must accommodate. It then suggests possible causes of the doctrinal fragmentation observed in the law regulating union government, …

The Right Of Confrontation: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

A Comparison Of Piagetian And Psychometric Measures Of Intelligence, Kathryn Ann Berntson

Graduate Research Papers

The ideas of Jean Piaget have sooner or later been applied to practically every aspect of education. These ideas are based on Piaget's theory that every individual progresses through four cognitive developmental stages: the sensorimotor stage, the preoperational stage, the concrete operational stage, and the formal operational stage. According to Piaget, during these stages an individual progresses from reflex reactions to the environment to the point, if and when he reaches the level of formal operations, he can think abstractly and test hypotheses.

Media And Youth: The Potential Influence Of Television On The Behavior Of Children, Sandra Marie Brown

Graduate Research Papers

Television is, indeed, an extraordinary medium on which almost anything can be revealed or portrayed. It can capture such events as the launching of a space ship or satellite into outer space, or the attempted assassination of a world leader in such a manner as to make the viewer feel likes/he is actually at the site of the event. With all this glory and recognition at its disposal, is it any wonder that television is such a popular medium? Nevertheless, despite its popularity, television can be detrimental to the emotional well-being of certain human beings, the children of our societies.

Armstrong State College 1982-1983 Catalogue, Armstrong State College

Undergraduate Catalogs

Academic catalog for Armstrong State College.

The Education Of Competent Lawyers: The American Experience, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Developments, Roger C. Cramton

Cornell Law Faculty Publications

The world of legal education--over 180 law schools, 6,000 law teachers, and 125,000 law students--is a large and varied one. The purpose of this department is to facilitate the exchange of information and ideas concerning noteworthy experiments, innovations, and developments in program, curriculum, teaching, scholarship, administration, and the like. Contributions from readers are invited. Those of a longer nature may be published as authored pieces; others will be summarized by the Editor in this space.

Developments, Roger C. Cramton

Cornell Law Faculty Publications

The world of legal education--over 180 law schools, 6,000 law teachers, and 125,000 law students--is a large and varied one. The purpose of this department is to facilitate the exchange of information and ideas concerning noteworthy experiments, innovations, and developments in program, curriculum, teaching, scholarship, administration, and the like. Contributions from readers are invited. Those of a longer nature may be published as authored pieces; others will be summarized by the Editor in this space.

The Boundary Problems Of Enterprise Liability, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

The Economics Of Predatory Pricing, George A. Hay

Cornell Law Faculty Publications

The revival of interest among economists in predatory pricing, spawned by Areeda and Turner's 1975 article, and the tidal wave of literature which has followed, creates a serious problem for the lawyer interested in keeping up with what economists are saying on the subject. Articles appearing in the standard economics journals are often inaccessible, due to the advanced level of mathematics normally employed, and seem of little apparent relevance, due to the detailed but often artificially sounding assumptions used to generate conclusions. The materials appearing in law reviews, while perhaps less technical, is voluminous and not always original, Worst of …

Jury Selection In Two Countries: A Psychological Perspective, Valerie P. Hans

Cornell Law Faculty Publications

A comparative survey of jury selection practices in Britain and the United States indicates that the two countries differ along a number of dimensions, including the emphasis on the jury selection process in the trial, the amount and type of information available about prospective jurors, and the frequency with which trial lawyers alter the composition of the jury. The probable impact of these differences is analysed by considering the importance of jury composition in determining a jury’s verdict, the effectiveness of lawyers in exercising their challenges, and broader effects of jury selection procedures in the two countries.

The General Duty Of Good Faith – Its Recognition And Conceptualization, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Current State Of The Law Curriculum, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.