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Implicit Bias, Election '08, And The Myth Of A Post-Racial America, Jeffrey J. Rachlinski, Gregory S. Parks
Implicit Bias, Election '08, And The Myth Of A Post-Racial America, Jeffrey J. Rachlinski, Gregory S. Parks
Cornell Law Faculty Publications
The election of Barack Obama as the forty-fourth President of the United States signals that the traditional modes of thinking about race in America are outdated. Commentators and pundits have begun to suggest that the election of a black man to the nation's highest office means that the United States has entered a post-racial era in which civil rights laws are becoming unnecessary. Although President Obama's election means that explicit, open anti-black racism has largely faded, an analysis of the campaign's rhetoric and themes suggests that unconscious racism is alive and well. Rather than suggest a retreat from traditional civil …
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
Cornell Law Faculty Publications
No abstract provided.
"We Are On The Move", Gerald Torres
"We Are On The Move", Gerald Torres
Cornell Law Faculty Publications
Professor Torres explores the idea of "racial literacy " by working through a series of examples where being able to "read" race mattered. Reading race correctly helped policy makers and advocates understand the real problem and helped craft solutions that were generally beneficial by addressing structural defects not just individual bad actors.
Variability In Punitive Damages: Empirically Assessing Exxon Shipping Co. V. Baker, Theodore Eisenberg, Michael Heise, Martin T. Wells
Variability In Punitive Damages: Empirically Assessing Exxon Shipping Co. V. Baker, Theodore Eisenberg, Michael Heise, Martin T. Wells
Cornell Law Faculty Publications
Exxon Shipping Co. v. Baker acknowledged that empirical studies undercut criticism of punitive damages. Paradoxically, the Court simultaneously expressed concern about jury predictability based on a high and variable punitive–compensatory ratio published in an article by the present authors. The Court reduced the $2.5 billion Exxon Valdez punitive award to $500 million and stated: “the constitutional outer limit may well be 1:1.” Our empirical findings do not support the unpredictability concern or widely applying the limiting ratio. The high and variable ratio is an artifact of not accounting for the key variable that explains punitive awards – the compensatory award.
Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons, Asif Efrat
Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons, Asif Efrat
Cornell Law Faculty Publications
Contrary to the general trend of trade liberalization, specific goods—such as small arms, drugs, and antiquities—have come under increasing international control in recent decades through a set of international regulatory agreements. This article offers a theoretical framework of government preferences on the international regulation of these goods. Departing from conventional models of trade policy, the theoretical framework introduces negative externalities, rather than protection, as the motivation for restricting trade; it also takes moral concerns into account. I test this framework empirically through an original survey of government views on international small-arms regulation. Based on interviewing officials from 118 countries, the …