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Full-Text Articles in Law

Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler Sep 2007

Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Citizens As Legal Decision Makers: An International Perspective, Valerie P. Hans Apr 2007

Citizens As Legal Decision Makers: An International Perspective, Valerie P. Hans

Cornell Law Faculty Publications

On May 1, 2007, Korea's National Assembly approved a judicial reform bill that introduces a jury system for serious criminal cases in Korean courts. The jury system is limited: jurors will only participate in cases where the defendant agrees to a trial by jury, and the jury's verdicts are only advisory to the judge. Nonetheless, Korean citizens now have a remarkable new opportunity to make judgments about criminal trials.

With this law reform, Korea joins a growing list of countries whose legal systems employ citizens as legal decision makers. The United States, Great Britain, and many other common law countries …


Economic Emergency And The Rule Of Law, Bernadette Meyler Jan 2007

Economic Emergency And The Rule Of Law, Bernadette 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 …


The European Constitution And Its Implications For China, Xingzhong Yu Jan 2007

The European Constitution And Its Implications For China, Xingzhong Yu

Cornell Law Faculty Publications

The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …