Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- African Studies (15)
- International and Area Studies (15)
- Social and Behavioral Sciences (15)
- Constitutional Law (13)
- Banking and Finance Law (7)
-
- International Law (6)
- Commercial Law (4)
- Election Law (4)
- Immigration Law (4)
- Property Law and Real Estate (4)
- Business Organizations Law (3)
- Energy and Utilities Law (3)
- Environmental Law (3)
- Jurisdiction (3)
- Land Use Law (3)
- Law and Gender (3)
- Litigation (3)
- Civil Rights and Discrimination (2)
- Courts (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Evidence (2)
- First Amendment (2)
- Human Rights Law (2)
- Intellectual Property Law (2)
- Law and Politics (2)
- Law and Society (2)
- Legal Education (2)
- Legal Writing and Research (2)
- Keyword
-
- Constitutional Court of Zambia (3)
- 4th Amendment (2)
- California Money Bail Reform Act of 2017 (2)
- Finsbury Investment Limited (2)
- Fintech (2)
-
- Fourth Amendment (2)
- Freedom of speech (2)
- Konkola Copper Mines PLC (2)
- Patents and Companies Registration Agency (2)
- Small businesses (2)
- Standards of proof (2)
- Supreme Court of Zambia (2)
- U.S. Citizenship and Immigration Services (2)
- USCIS (2)
- Unreasonable search and seizure (2)
- Zambezi Portland Cement Limited (2)
- 395 U.S. 653 (1)
- Al Shabab (1)
- Anti-Male Bias (1)
- Assisted suicide (1)
- Bail reform (1)
- Bitcoin (1)
- Blockchain (1)
- Boundaries of legal authority (1)
- Campus Sexual Assault (1)
- Clear and present danger test (1)
- Clinical legal education (1)
- Commercial rent regulation (1)
- Commercial rents (1)
- Constitutional discourse (1)
- Publication
- Publication Type
Articles 31 - 60 of 80
Full-Text Articles in Law
Speech, Intent, And The President, Katherine Shaw
Speech, Intent, And The President, Katherine Shaw
Cornell Law Review
Judicial inquiries into official intent are a familiar feature of the legal landscape. Across various bodies of constitutional and public law-from equal protection and due process to the First Amendment's Free Exercise and Establishment Clauses, from the Eighth Amendment to the Dormant Commerce Clause, and in statutory interpretation and administrative law cases across a range of domains-assessments of the intent of government actors are ubiquitous in our law.
But whose intent matters to courts evaluating the meaning or lawfulness of government action? When it comes to statutes, forests have been felled debating the place of legislative intent. But, although the …
Split Derivatives: Inside The World's Most Misunderstood Contract, Dan Awrey
Split Derivatives: Inside The World's Most Misunderstood Contract, Dan Awrey
Cornell Law Faculty Publications
Derivatives are the "bad boys" of modern finance: exciting, dangerous, and fundamentally misunderstood. These misunderstandings stem from the failure of scholars and policymakers to fully appreciate the unique legal and economic structure of derivative contracts, along with the important differences between these contracts and conventional equity and debt securities. This Article seeks to correct these misunderstandings by splitting derivative contracts open, identifying their constituent elements, and observing how these elements interact with one another. These elements include some of the world's most sophisticated state-contingent contracting, the allocation of property and decision-making rights, and relational mechanisms such as reputation and the …
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops At Tsa Checkpoints And Hispanic Appearance, Pablo Chapablanco
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops At Tsa Checkpoints And Hispanic Appearance, Pablo Chapablanco
Cornell Law Review
No abstract provided.
The Endogenous Fourth Amendment: An Empirical Assessment Of How Police Understandings Of Excessive Force Become Constitutional Law, Osagie K. Obasogie, Zachary Newman
The Endogenous Fourth Amendment: An Empirical Assessment Of How Police Understandings Of Excessive Force Become Constitutional Law, Osagie K. Obasogie, Zachary Newman
Cornell Law Review
If the Fourth Amendment is designed to protect citizens from law enforcement abusing its powers, why are so many unarmed Americans killed? Traditional understandings of the Fourth Amendment suggest that it has an exogenous effect on police use of force, Le., that the Fourth Amendment provides the ground rules for how and when law enforcement can use force that police departments turn into use-of-force policies that ostensibly limit police violence. In this Article, we question whether this exogenous understanding of the Fourth Amendment in relation to excessive force claims is accurate by engaging in an empirical assessment of the use-of-force …
The Paradox Of Source Code Secrecy, Sonia K. Katyal
The Paradox Of Source Code Secrecy, Sonia K. Katyal
Cornell Law Review
In Lear v. Adkins, the Supreme Court precipitously wrote, "federal law requires that all ideas in general circulation be dedicated to the common good unless they are protected by a valid patent." Today, it is clear that trade secrecy's dominance over source code has been a significant cause for concern in cases involving the public interest. To protect civil rights in the age of automated decision making, I argue, we must limit opportunities for seclusion in areas of intellectual property, criminal justice, and governance more generally. The solution, therefore, does not require a complete overhaul of the existing system, but …
Money's Past Is Fintech's Future: Wildcat Crypto, The Digital Dollar, And Citizen Central Banking, Robert C. Hockett
Money's Past Is Fintech's Future: Wildcat Crypto, The Digital Dollar, And Citizen Central Banking, Robert C. Hockett
Cornell Law Faculty Publications
This Essay argues that crypto-currencies will soon go the way of the ‘wildcat’ banknotes of the mid-19th century. As central banks worldwide upgrade their payments systems, the Fed will begin issuing a ‘digital dollar’ that leaves no licit function for what the Author calls ‘wildcat crypto.’ But the imminent change heralds more than a shakeout in fintech. It will also make possible a new era of what the Author calls ‘Citizen Central Banking.’ The Fed will administer a national system of ‘Citizen Accounts.’ This will not only end the problem of the ‘unbanked,’ it will also simplify monetary policy. Instead …
The 'Too Big To Fail' Problem, Saule T. Omarova
The 'Too Big To Fail' Problem, Saule T. Omarova
Cornell Law Faculty Publications
“Too big to fail” – or “TBTF” – is a popular metaphor for a core dysfunction of today’s financial system: the recurrent pattern of government bailouts of large, systemically important financial institutions. The financial crisis of 2008 made TBTF a household term, a powerful rhetorical device for expressing the widely shared discontent with the pernicious pattern of “privatizing gains and socializing losses” it came to represent in the public’s eye. Ten years after the crisis, TBTF continues to frame much of the public policy debate on financial regulation. Yet, the analytical content of this term remains remarkably unclear.
Taking a …
Vol. 2, Issue 1 Table Of Contents
Kilolo Ng’Ambi V Opa Kapijimpanga Appeal No. 210/2015 (Judgment Of 9th October 2018), O'Brien Kaaba
Kilolo Ng’Ambi V Opa Kapijimpanga Appeal No. 210/2015 (Judgment Of 9th October 2018), O'Brien Kaaba
SAIPAR Case Review
This was an appeal against the High Court decision relating to succession disputes for the Kapijimpanga chieftaincy in North Western Zambia. The incumbent chief died on the throne in 2008. Duly following the traditional succession process, the traditional electoral college (composed of certain members of the royal family) gathered in September 2010 to choose the next chief. Six contenders emerged and were all considered eligible. The electoral college could not agree on which one of them should be chief and the process ended in a deadlock. In consequence, the electoral college executed a written agreement among themselves to enlist a …
Daniel Pule And Others V Attorney General And Others 2017/Ccz/004 Selected Judgment No. 60 Of 2018, Elias C. Chipimo
Daniel Pule And Others V Attorney General And Others 2017/Ccz/004 Selected Judgment No. 60 Of 2018, Elias C. Chipimo
SAIPAR Case Review
In a case brought to determine the eligibility of President Edgar Lungu to stand as a presidential candidate in 2021, having served less than three years in his first term, the Constitutional Court determined that: ‘…the presidential tenure of office that ran from January 25, 2015 to September 13, 2016 and straddled two constitutional regimes, cannot be considered as a full term.’
In doing so, the Constitutional Court effectively backdated the application of the ‘New Clauses’ to a time when there was already a law governing: (a) the eligibility of a person to stand again as a presidential candidate who …
Raila Odinga And Others V Independent Electoral And Boundaries Commission And Others [2013] Klr-Sck Petition No.5 Of 2013 & No. 1 Of 2017, Teddy J.O. Musiga
Raila Odinga And Others V Independent Electoral And Boundaries Commission And Others [2013] Klr-Sck Petition No.5 Of 2013 & No. 1 Of 2017, Teddy J.O. Musiga
SAIPAR Case Review
Since the establishment of the Supreme Court of Kenya in 2011, it has so far determined two disputes arising from presidential election petitions. From the outset, it is important to clarify that this commentary does not purport to review the decisions of the 2013 and 2017 presidential election petitions. It only seeks to review and critique one salient aspect that emerges from the Supreme Court of Kenya’s approach in the treatment of rejected votes in those presidential election disputes.
The case note criticises the Supreme Court of Kenya’s approach which seems to favour the exclusion of rejected votes in the …
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 …
Hertz So Good: Amazon, General Jurisdiction's Principal Place Of Business, And Contacts Plus As The Future Of The Exceptional Case, D. (Douglas) E. Wagner
Hertz So Good: Amazon, General Jurisdiction's Principal Place Of Business, And Contacts Plus As The Future Of The Exceptional Case, D. (Douglas) E. Wagner
Cornell Law Review
No abstract provided.
Incarceration Or E-Carceration: California’S Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen
Incarceration Or E-Carceration: California’S Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen
Cornell Law Library Prize for Exemplary Student Research Papers
California’s bail system not only infringes on individual rights, but also exacerbates a cobweb criminal justice system. The In re Humphrey court framed the issue perfectly when it stated that the problem with the bail system stems “from the enduring unwillingness of our society, including the courts, to correct a deformity in our criminal justice system that close observers have long considered a blight on the system.” California sought to rectify this “deformity” of a wealth-based bail system by passing SB 10 (the California Money Bail Reform Act of 2017).
This Note addresses the arguments that will likely be raised …
Noncitizens In The U.S. Military: Navigating National Security Concerns And Recruitment Needs, Muzaffar Chishti, Austin Rose, Stephen W. Yale-Loehr
Noncitizens In The U.S. Military: Navigating National Security Concerns And Recruitment Needs, Muzaffar Chishti, Austin Rose, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
Foreign nationals have served in the U.S. military throughout American history. Indeed, in many chapters in U.S. history, they have been encouraged to serve with the promise of expedited avenues for naturalization. However, in recent years, noncitizens have faced increasing hurdles to serving their new country. Citing national security concerns, Congress and the U.S. Department of Defense (DOD) have introduced a series of policies that significantly increase the vetting requirements for noncitizen military recruits and modify the processes by which they are trained and given a chance to naturalize. These new policies have limited the enlistment of noncitizen soldiers, delayed …
Local Evidence In Constitutional Interpretation, Brandon L. Garrett
Local Evidence In Constitutional Interpretation, Brandon L. Garrett
Cornell Law Review
The Supreme Court frequently relies on state law when interpreting the U.S. Constitution. What is less understood is the degree and manner in which the Supreme Court and other federal courts look to local law. Although it has gone largely unnoticed, there is a robust practice of acknowledging and accounting for local law in the course of constitutional interpretation. Local evidence may inform the decision whether to recognize a constitutional right, it may inform the interpretation of the right, and it may inform the remedies for a constitutional violation. For example, the Supreme Court has examined local enforcement patterns to …
Toward A Horizontal Fiduciary Duty In Corporate Law, Asaf Eckstein, Gideon Parchomovsky
Toward A Horizontal Fiduciary Duty In Corporate Law, Asaf Eckstein, Gideon Parchomovsky
Cornell Law Review
Fiduciary duty is arguably the single most important aspect of our corporate law system. It consists of two distinct subduties-a duty of care and a duty of loyalty-and it applies to all directors and corporate officers. Yet, under extant law, the duty only applies vertically, in the relationship between directors and corporate officers and the firm. At present, there exists no horizontal fiduciary duty: directors and corporate officers owe no fiduciary duty to each other. Consequently, if one of them falls her peers, they cannot seek direct legal recourse against her even when they stand to suffer significant reputational and …
Editor's Note, Tinenenji Banda
Nelson Chamisa V Emmerson Dambudzo Mnangagwa And Others Ccz 42/18 (August 2018), O'Brien Kaaba
Nelson Chamisa V Emmerson Dambudzo Mnangagwa And Others Ccz 42/18 (August 2018), O'Brien Kaaba
SAIPAR Case Review
Zimbabwe held its first post-Mugabe general elections on 30th July 2018. On 3rd August 2018, the Zimbabwe Electoral Commission (ZEC) declared Emmerson Dambudzo Mnangagwa as the candidate who received the requisite ‘more than half the number of votes cast’ and declared duly elected President of Zimbabwe. Aggrieved by this development, Nelson Chamisa, the main opposition contender, challenged the validity of the election of Mnangagwa in the Constitutional Court. After hearing the case, the Constitutional Court unanimously: 1) Dismissed the application with costs; and 2) Declared Emmerson Dambudzo Mnangagwa as duly elected President of Zimbabwe.
Property, Dignity, And Human Flourishing, Gregory S. Alexander
Property, Dignity, And Human Flourishing, Gregory S. Alexander
Cornell Law Review
Human flourishing and human dignity are not empty phrases. They have real content, and they matter in real lives. The facts are that we want to live flourishing lives and we want to live lives of dignity. We cannot live such lives, however, unless certain conditions are fulfilled. Among these conditions, flourishing is personal autonomy, understood in the sense of self-authorship. Autonomy in that sense itself requires certain conditions. Property is among the conditions intimately connected with self-authorship. A person who lacks basic forms of property such as food and adequate shelter is denied self-authorship, without which she cannot experience …
Rethinking "Just" Compensation: Dignity Restoration As A Basis For Supplementing Existing Takings Remedies With Government-Supported Community Building Initiatives, Alyssa M. Hasbrouck
Rethinking "Just" Compensation: Dignity Restoration As A Basis For Supplementing Existing Takings Remedies With Government-Supported Community Building Initiatives, Alyssa M. Hasbrouck
Cornell Law Review
Longstanding calls for the Supreme Court to revisit the Takings Clause's just compensation requirement are especially relevant in light of urban renewal's destructive history. However, the just compensation requirement should be viewed as a floor, not as a ceiling. Even in the absence of formal action by courts, legislatures and local governments can act to fulfill the government's constitutional obligation of "full and perfect" compensation. By taking preemptive action to support community-based initiatives, financially as well as politically, the same legislatures that seized and destroyed urban neighborhoods can begin to set things right. Court-ordered investments in the longterm well-being of …
Teaching Students To Use Feedback To Improve Their Legal-Writing Skills, Lara Gelbwasser Freed, Joel Atlas
Teaching Students To Use Feedback To Improve Their Legal-Writing Skills, Lara Gelbwasser Freed, Joel Atlas
Cornell Law Faculty Publications
In an age in which writing-software programs tout formative feedback on student papers and advertise clear and compelling sentences, the roles of professor and student in the assessment and outcome-achievement process may appear passive, or even supplanted. Using feedback to improve learning, however, requires both professor and student to play active roles. In legal education, law professors are tasked with identifying and assessing learning outcomes. And much has been written about these tasks as they relate to both doctrinal and legal-writing courses. But less attention has been devoted to law students’ role in responding to feedback on their writing and …
Removals To Somalia In Light Of The Convention Against Torture: Recent Evidence From Somali Bantu Deportees, Daniel J. Van Lehman, Estelle M. Mckee
Removals To Somalia In Light Of The Convention Against Torture: Recent Evidence From Somali Bantu Deportees, Daniel J. Van Lehman, Estelle M. Mckee
Cornell Law Faculty Publications
This paper presents the results of a survey of Somali Bantu deported from the United States from 2016 to 2018, to determine whether they were subjected to torture upon arrival in Somalia. Of the 20 deportees interviewed, 55 percent suffered torture at least once, with the highest percentage—66.7 percent—experienced by individuals deported in 2018. The abuse, which included kidnapping, stabbings, and beatings with truncheons and whips, meets the definition of torture under Article 3 of the Convention Against Torture. Individuals were intentionally subjected to severe pain and suffering for an unlawful purpose: ransom. Further, most of the abuse was inflicted …
Bone Crusher 2.0: The Fourth Annual Greg Lastowka Memorial Lecture, James Grimmelmann
Bone Crusher 2.0: The Fourth Annual Greg Lastowka Memorial Lecture, James Grimmelmann
Cornell Law Faculty Publications
No abstract provided.
The Silliness Of Magical Realism, Kevin M. Clermont
The Silliness Of Magical Realism, Kevin M. Clermont
Cornell Law Faculty Publications
Relative plausibility, even after countless explanatory articles, remains an underdeveloped model bereft of underlying theory. Multivalent logic, a fully developed and accepted system of logic, comes to the same endpoint as relative plausibility. Multivalent logic would thus provide the missing theory, while it would resolve all the old problems of using traditional probability theory to explain the standards of proof as well as the new problems raised by the relative plausibility model. For example, multivalent logic resolves the infamous ‘conjunction paradox’ that traditional probability creates for itself, and which relative plausibility tries to sweep under the rug.
Yet Professors Allen …
Abstention At The Border, Maggie Gardner
Abstention At The Border, Maggie Gardner
Cornell Law Faculty Publications
The lower federal courts have been invoking “international comity abstention” to solve a range of problems in cross-border cases, using a wide array of tests that vary not just across the circuits, but within them as well. That confusion will only grow, as both scholars and the Supreme Court have yet to clarify what exactly “international comity abstention” entails. Meanwhile, the breadth of “international comity abstention” stands in tension with the Supreme Court’s recent reemphasis on the federal judiciary’s obligation to exercise congressionally granted jurisdiction. Indeed, loose applications of “international comity abstention” risk undermining not only the expressed preferences of …
The Fair Labor Standards Act At 80: Everything Old Is New Again, Kati L. Griffith
The Fair Labor Standards Act At 80: Everything Old Is New Again, Kati L. Griffith
Cornell Law Review
On the eightieth anniversary of the federal wage and hour statute, the Fair Labor Standards Act of 1938 (FLSA), critics warn that it cannot keep pace with shifting business trends. More and more individuals engage in "contract work," some of which takes place in the much publicized "gig economy." These work arrangements raise questions about whether these workers are "employees," covered by U.S. labor and employment law, or "independent contractors." Subcontracting arrangements, or what some call domestic outsourcing, are also expanding. Indeed, more and more workers in the U.S. economy engage with multiple businesses, raising questions of which of these …
Suicide And Euthanasia: The International Perspective On The Right To Die, Zachary A. Feldman
Suicide And Euthanasia: The International Perspective On The Right To Die, Zachary A. Feldman
Cornell Law Review
Several countries across the globe have weighed their interests in preserving life, in preventing suicide, and in allowing terminally ill patients to end their lives at their own discretion with, or without, the help of a physician. This Note will highlight the inconsistencies in jurisdictions that treat suicidal ideations both criminally and medically, and ultimately argues for a uniform system of laws that govern mental illness internationally.