Digital Commons Network^™

Economic Emergency And The Rule Of Law, Bernadette A. Meyler

Cornell Law Faculty Publications

Academic work extolling the merits of the "rule of law" both domestically and internationally abounds today, yet the meanings of the phrase itself seem to proliferate. Two of the most prominent contexts in which rule of law rhetoric appears are those of economic development and states of emergency. In the area of private law, dissemination of the rule of law across the globe and, in particular, among emerging market countries is often deemed a prerequisite for enhancing economic development, partly because it ensures that foreign investments will not be summarily expropriated and that contractual rights will not be frustrated by …

Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers that have been shown to distort litigation decision making, appear to make decisions in a …

Can Jury Trial Innovations Improve Juror Understanding Of Dna Evidence?, B. Michael Dann, Valerie P. Hans, David H. Kaye

Cornell Law Faculty Publications

A single spot of blood on a pink windowsill will tell investigators who broke a windowpane, turned a lock, and kidnapped 2-year-old Molly Evans from her bedroom in the middle of the night. An expert witness will testify that the DNA profile of the blood evidence recovered from the windowsill was entered into CODIS, an electronic database of DNA profiles. That process yielded a “hit,” identifying the defendant as the most likely source of the blood inside Molly’s room.

But will jurors be able to understand the expert’s intricate analysis and use it to reach a verdict? And what—if any—steps …

Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson

Cornell Journal of Law and Public Policy

No abstract provided.

Coke And Smack At The Drugstore: Harm Reductive Drug Legalization: An Alternative To A Criminalization Society, Noah Mamber

Cornell Journal of Law and Public Policy

No abstract provided.

Women And War: A Bibliography Of Recent Works, Annette Demers

International Journal of Legal Information

Since the end of the Cold War, a number of regional conflicts worldwide have devastated innocent populations. The conflicts in Rwanda and in the Balkans come to mind as prominent examples. With these developments the literature about women and war has proliferated.

In particular, there is a growing emphasis on the impact of war on women. The literature emphasizes a number of concerns. In most countries, women form the center of the family and bear the economic and social burden of keeping their families together throughout times of conflict and upheaval. Women's essential role in childbearing and procreation makes them …

Book Reviews, Jean Callihan, Dragomir Cosanici, Lucy Cox, Mary Holland, Darla W. Jackson, Karin Johnsrud, Lyonette Louis-Jacques, Scott Rasmussen, Dean C. Rowan, Herb Somers, Lisa J. White

International Journal of Legal Information

No abstract provided.

Malaysian Legal Information On The Web, Harvinder Kaur

International Journal of Legal Information

This article identifies and provides a brief description of Malaysian electronic legal information and resources. It guides non-legal and legal information-seekers to find useful legal information and resources on the web. A brief description of the Malaysian legal system and its history is also highlighted to give an understanding of the context of the development of the country’s legal system and its resources.

Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly

Cornell International Law Journal

Examines the possibility of applying the truth commission model in Northern Ireland where the past plays a significant role in shaping daily lives & worldviews. A review of the theory & practice of truth commissions is followed by a description of Northern Ireland's long & complex conflicts that point to the need for some form of truth-seeking. Attention is given to the difficulties such a process would face. Three recent truth-seeking initiatives are critiqued: the Northern Ireland Victims' Commissioner; the Bloody Sunday Inquiry; & a series of decisions by the European Court of Human Rights. A framework is presented for …

Redefining Combatants, David Whippman

Cornell International Law Journal

No abstract provided.

A King Who Devours His People: Jiang Zemin And The Falun Gong Crackdown: A Bibliography, Michael J. Greenlee

International Journal of Legal Information

In July 1999, the government of the People’s Republic of China (PRC) and the Chinese Communist Party (CCP) began an official crackdown against the qigong cultivation group known as Falun Gong. Intended to quickly contain and eliminate what the PRC considers an evil or heretical cult (xiejiao), the suppression has instead created the longest sustained and, since the Tiananmen Square protests of June 1989, most widely known human rights protest conducted in the PRC. The Falun Gong has received worldwide recognition and support while the crackdown continues to provoke harsh criticism against the PRC as new allegations of human rights …

Courts At War, John Yoo

Cornell Law Review

No abstract provided.

Death Row For Child Rape - Cruel And Unusual Punishment Under The Roper-Atkins Evolving Standards Of Decency Framework, Joanna H. D'Avella

Cornell Law Review

No abstract provided.

The Lamentable Notion Of Indefeasible Presidential Powers: A Reply To Professor Prakash, Harold J. Krent

Cornell Law Review

No abstract provided.

State Convicts And Federal Courts: Reopening The Habeas Corpus Debate, Larry W. Yackle

Cornell Law Review

No abstract provided.

The Limits Of Habeas Jurisdiction And The Global War On Terror, James E. Pfander

Cornell Law Review

No abstract provided.

Hamdi’S Habeas Puzzle: Suspension As Authorization, Trevor W. Morrison

Cornell Law Review

No abstract provided.

The Easy Way Out: The Yaser Hamdi Release Agreement And The United States’ Treatment Of The Citizen Enemy Combatant Dilemma, Abigail D. Lauer

Cornell Law Review

No abstract provided.

Giarratano Is A Scarecrow: The Right To Counsel In State Capital Postconviction Proceedings, Eric M. Freedman

Cornell Law Review

No abstract provided.

Aedpa: The Hype And The Bite, John H. Blume

Cornell Law Review

No abstract provided.

Aedpa: The "Hype" And The "Bite", John H. Blume

Cornell Law Faculty Publications

On April 24, 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Thus, the AEDPA era began. While Clinton's presidential signing statement paid lip service to meaningful federal court review of state court convictions, AEDPA's supporters knew better. The fix was in, and happy habeas days were here again. But, as the old saying goes, "What if you gave a revolution and nobody came?" As I will argue, that is in many (but not all) respects what happened. In this Article, I have argued that AEDPA was, in many respects, more "hype" than "bite." For …