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Articles 1 - 23 of 23
Full-Text Articles in Entire DC Network
The Thirteenth Amendment: Modern Slavery, Capitalism, And Mass Incarceration, Michele Goodwin
The Thirteenth Amendment: Modern Slavery, Capitalism, And Mass Incarceration, Michele Goodwin
Cornell Law Review
Slavery's preservation in the United State can-in part-be explained by its fluid transformations, which continuously exacted economic gains, preserved southern social order, and inured benefits to private parties as well as the state. These transformations did not outpace law. Rather, the rule of law in the south and lawlessness among local law enforcement frequently accommodated these transformations and innovations. Historically, efforts to stamp out the myriad forms of slavery-convict leasing, peonage, contract transfers, so-called "apprenticeships," and chain gangs-frequently fell short because of local collusion and complicity, weak federal interventions and protections, and violence. The specter of lynching, which included the …
Divide & Concur: Separate Opinions & Legal Change, Thomas B. Bennett, Barry Friedman, Andrew D. Martin, Susan Navarro Smelcer
Divide & Concur: Separate Opinions & Legal Change, Thomas B. Bennett, Barry Friedman, Andrew D. Martin, Susan Navarro Smelcer
Cornell Law Review
To the extent concurring opinions elicit commentary at all, it is largely contempt. They are condemned for muddying the clarity of the law, fracturing the court, and diminishing the authoritative voice of the majority. But what if this neglect, or even disdain, of concurring opinions is off the mark? In this article, we argue for the importance of concurring opinions, demonstrating how they serve as the pulse and compass of legal change. Concurring opinions let us know what is happening below the surface of the law, thereby encouraging litigants to push the law in particular directions. This is particularly true …
Jury Jokes And Legal Culture, Valerie P. Hans
Jury Jokes And Legal Culture, Valerie P. Hans
Cornell Law Faculty Publications
No abstract provided.
Saving The Euro: Tensions With European Treaty Law In The European Union’S Efforts To Protect The Common Currency, Boris Ryvkin
Saving The Euro: Tensions With European Treaty Law In The European Union’S Efforts To Protect The Common Currency, Boris Ryvkin
Cornell International Law Journal
No abstract provided.
Long Wars Of Political Order - Sovereignty And Choice: The Fourth Amendment And The Modern Trilemma, Harvey Rishikof
Long Wars Of Political Order - Sovereignty And Choice: The Fourth Amendment And The Modern Trilemma, Harvey Rishikof
Cornell Journal of Law and Public Policy
No abstract provided.
Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly
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 …
The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush
The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush
Cornell Journal of Law and Public Policy
No abstract provided.
A Social History Of Everyday Practice: Sadie T.M. Alexander And The Incorporation Of Black Women Into The American Legal Profession, 1925-1960, Kenneth Walter Mack
A Social History Of Everyday Practice: Sadie T.M. Alexander And The Incorporation Of Black Women Into The American Legal Profession, 1925-1960, Kenneth Walter Mack
Cornell Law Review
No abstract provided.
The Legality Of The Pardoning Of Paramilitaries Under The Early Release Provisions Of Northern Ireland’S Good Friday Agreement, Daniel F. Mulvihill
The Legality Of The Pardoning Of Paramilitaries Under The Early Release Provisions Of Northern Ireland’S Good Friday Agreement, Daniel F. Mulvihill
Cornell International Law Journal
No abstract provided.
Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz
Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz
Cornell Law Review
No abstract provided.
The Compromise Between Outrage And Compassion: Article 3(A) And In Re Requested Extradition Of Smyth, Daniel T. Kiely Jr.
The Compromise Between Outrage And Compassion: Article 3(A) And In Re Requested Extradition Of Smyth, Daniel T. Kiely Jr.
Cornell International Law Journal
No abstract provided.
Into Evidence , Steven Lubet
Taking Assassination Attempts Seriously: Did The United States Violate International Law In Forcefully Responding To The Iraq Plot To Kill George Bush, Robert F. Teplitz
Taking Assassination Attempts Seriously: Did The United States Violate International Law In Forcefully Responding To The Iraq Plot To Kill George Bush, Robert F. Teplitz
Cornell International Law Journal
No abstract provided.
Musical Chairs: The Dissolution Of States And Membership In The United Nations, Michael P. Scharf
Musical Chairs: The Dissolution Of States And Membership In The United Nations, Michael P. Scharf
Cornell International Law Journal
No abstract provided.
Divorce And Remarriage As Human Rights: The Irish Constitution And The European Convention On Human Rights At Odds In Johnston V. Ireland, Kathleen M. Dillon
Divorce And Remarriage As Human Rights: The Irish Constitution And The European Convention On Human Rights At Odds In Johnston V. Ireland, Kathleen M. Dillon
Cornell International Law Journal
No abstract provided.
Rejected Cambodian Refugees: Prior Persecutors Or Victims Of An Illegal Screening Process, Deborah G. Bowers
Rejected Cambodian Refugees: Prior Persecutors Or Victims Of An Illegal Screening Process, Deborah G. Bowers
Cornell International Law Journal
No abstract provided.
Logic And Coercion In Bentham’S Theory Of Law, David Lyons
Logic And Coercion In Bentham’S Theory Of Law, David Lyons
Cornell Law Review
No abstract provided.
Government Of Business Corporations Critical Reflections On The Rule Of One Share One Vote, David L. Ratner
Government Of Business Corporations Critical Reflections On The Rule Of One Share One Vote, David L. Ratner
Cornell Law Review
No abstract provided.
Holy Bible And The Public Schools , Robert Fairchild Cushman
Holy Bible And The Public Schools , Robert Fairchild Cushman
Cornell Law Review
No abstract provided.
Short History Of Rent Control Laws , John W. Willis
Short History Of Rent Control Laws , John W. Willis
Cornell Law Review
No abstract provided.
American Law Institute Vs. The Supreme Court , Joseph W. Bingham
American Law Institute Vs. The Supreme Court , Joseph W. Bingham
Cornell Law Review
No abstract provided.
Property And Sovereignty, Morris R. Cohen