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Full-Text Articles in Law

Vol. 28, No. 1 Table Of Contents Oct 2018

Vol. 28, No. 1 Table Of Contents

Cornell Journal of Law and Public Policy

No abstract provided.


Why And How Independent Agencies Should Conduct Regulatory Impact Analysis, Jerry Ellig Oct 2018

Why And How Independent Agencies Should Conduct Regulatory Impact Analysis, Jerry Ellig

Cornell Journal of Law and Public Policy

Independent regulatory agencies face increasing pressure to conduct high-quality economic analysis of regulations, similar to the regulatory impact analysis conducted by executive branch agencies. Such analysis could be required by evolving judicial doctrines, regulatory reform statutes, or executive order. This article explains how regulatory impact analysis can contribute to smarter regulation, documents the current low quality of such analysis at many independent regulatory agencies, and offers a blueprint that independent agencies can use to build their capacity to conduct objective, high-quality analysis.


Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, James W. Hazel, Christopher Slobogin Oct 2018

Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, James W. Hazel, Christopher Slobogin

Cornell Journal of Law and Public Policy

Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging from providing information about health and ancestry to identification of surreptitiously-gathered biological material sent in by suspicious spouses. Federal and state laws are ambiguous about the types of disclosures these companies must make about how the genetic information they obtain is collected, used, and shared. In an effort to assist in developing such laws, this Article reports a survey of the privacy policies these companies purport to follow. It ...


Speaking Louder Than Words: Finding An Overt Act Requirement In The Hobbs Act, Matthew Ladew Oct 2018

Speaking Louder Than Words: Finding An Overt Act Requirement In The Hobbs Act, Matthew Ladew

Cornell Journal of Law and Public Policy

Federal conspiracy law has a problem. It is sometimes easier to put someone in prison for twenty years than it is to put her away for five— for the very same crime. This situation stems from a bright-line rule to which the Supreme Court has long adhered: when Congress wants an overt act requirement, Congress will explicitly so specify. Consider the resulting status quo. The general federal conspiracy statute requires proof of an overt act. Its maximum sentence is five years. In contrast, the Hobbs Act contains no overt act requirement, yet it provides for a maximum sentence of twenty ...


Do You Tru$T Your Children: A Parent’S Final Dilemma, J. Sam Rodgers Oct 2018

Do You Tru$T Your Children: A Parent’S Final Dilemma, J. Sam Rodgers

Cornell Journal of Law and Public Policy

Incentive trusts developed out of unique American inheritance laws and have become a regarded estate planning tool. Policy, observation, and research suggest that they are inadequate, although still uncritically used. A Hidden Bonus Trust is an improved solution that builds on the shortcomings of incentive trusts. Hidden Bonus Trusts quench parents’ desires to leave legacies and motivate troubled beneficiaries.


Trans-Cending The Medicalization Of Gender: Improving Legal Protections For People Who Are Transgender And Incarcerated, Lindsey Ruff Oct 2018

Trans-Cending The Medicalization Of Gender: Improving Legal Protections For People Who Are Transgender And Incarcerated, Lindsey Ruff

Cornell Journal of Law and Public Policy

People who are transgender and incarcerated face a unique set of human rights challenges. Courts have made progress protecting transgender people who are incarcerated by relying on the psychiatric diagnosis, Gender Dysphoria (GD), as grounds for legal protections. However, reliance on a medical model of gender has practical limitations and adverse social consequences. This model fails to protect the most vulnerable people of trans experience and contributes to stigma against the transgender community overall. The social and legal interests of people who are transgender and incarcerated would be better served if their rights were protected on alternate legal grounds.

Part ...


Sustainable Finance & China’S Green Credit Reforms: A Test Case For Bank Monitoring Of Environmental Risk, Virginia Harper Ho Oct 2018

Sustainable Finance & China’S Green Credit Reforms: A Test Case For Bank Monitoring Of Environmental Risk, Virginia Harper Ho

Cornell International Law Journal

In the past few years, the focus of international organizations on sustainable finance— the integration of environmental, social, and governance (“ESG”) considerations into global financial systems— has intensified because of its potential to promote financial stability, better risk assessment, and more efficient allocation of capital. The success of these efforts depends in part on whether banks and other financial institutions can manage, price, and monitor environmental risk.

This Article offers new answers to this question from China— one of the most important global test sites for sustainable finance. Corporate governance theory suggests that creditor monitoring can promote managerial accountability and ...


Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh Oct 2018

Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh

Cornell International Law Journal

This Article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this Article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation ...


The Republic Of Virtue: The Republican Ideal In British And American Property Law, Maxwell M. Garnaat Oct 2018

The Republic Of Virtue: The Republican Ideal In British And American Property Law, Maxwell M. Garnaat

Cornell International Law Journal

As the estate tax comes under increasing pressure from all sides, it is important that we determine just how rooted in American ideals such a measure truly is. On the one hand, it is true that Lockean theories of private property remain a stalwart influence on the nation, one which may be used to argue against the estate tax. On the other hand, however, the equally venerable theory of republicanism— one adopted and developed by the Framers themselves— can justify its continuation. Applying the principles of republicanism to this specific context, one can see how closely its tenets align with ...


A Christian Oasis: The Role Of Christianity And Custom In The Laws Of Ethiopia, Cyril A. Heron Oct 2018

A Christian Oasis: The Role Of Christianity And Custom In The Laws Of Ethiopia, Cyril A. Heron

Cornell International Law Journal

Part I of this Note will analyze the history of Ethiopia’s legal system.

Part II of this Note focuses on modern Ethiopia and seeks to scrutinize Ethiopia’s Civil Code, Constitution, and other legislation. Written into the new constitution of Ethiopia is a declaration of secularism, similar to the United States and South Africa. Yet, in a nation that has existed as a Christian state for at least a millennium, it is nigh on impossible for Ethiopia to fully divest itself of its cultural mores with mere constitutional edict. The question is, therefore, what is to be made of ...


Vol. 51, No. 3 Table Of Contents Oct 2018

Vol. 51, No. 3 Table Of Contents

Cornell International Law Journal

No abstract provided.


Lying About God (And Love?) To Get Laid: The Case Study Of Criminalizing Sex Under Religious False Pretense In Hong Kong, Jianlin Chen Oct 2018

Lying About God (And Love?) To Get Laid: The Case Study Of Criminalizing Sex Under Religious False Pretense In Hong Kong, Jianlin Chen

Cornell International Law Journal

Section 120 of the Hong Kong Crimes Ordinances— which traces its origin to the U.K. and which is replicated in several other English common law jurisdictions— criminalizes procurement of sexual acts through false representation. Recently, prosecutors used this provision to indict individuals who procured sexual acts on the pretext of performing luck-improving religious rituals. Beyond presenting the first-ever systematic examination of these intriguing fraudulent sex court cases, this Article makes two arguments. First, this Article explains how the strong skepticism, and at times, instinctive rejection by the judges of the purported religious proclamations not only confirm the scholarly concerns ...


A Structural Approach To Case Synthesis, Fact Application, And Persuasive Framing Of The Law, Lara Gelbwasser Freed, Joel Atlas Oct 2018

A Structural Approach To Case Synthesis, Fact Application, And Persuasive Framing Of The Law, Lara Gelbwasser Freed, Joel Atlas

Cornell Law Faculty Publications

Lawyering-skills courses, although typically writing-focused, address a wide array of topics. Indeed, to prepare an effective legal document, students must not only write well but analyze well. And, although teaching the pure-writing aspects of the course is certainly a challenge, teaching the analysis-related skills is often the most difficult.

Among the thorniest of these skills are synthesizing cases, applying facts, and persuasively framing the law. Professors struggle to teach these skills, and students consistently struggle to understand and implement them. To lighten the burden for both professors and students, we have approached these skills structurally and, in doing so, have ...


The Constitutional Politics Heller Launched, Michael C. Dorf Sep 2018

The Constitutional Politics Heller Launched, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


A Cooperative Federalism Approach To Shareholder Arbitration, Zachary D. Clopton, Verity Winship Jul 2018

A Cooperative Federalism Approach To Shareholder Arbitration, Zachary D. Clopton, Verity Winship

Cornell Law Faculty Publications

Arbitration dominates private law across an ever-expanding range of fields. Its latest target, however, may not be a new field as much as a new form: mandatory arbitration provisions built into corporate charters and bylaws. Recent developments in corporate law coupled with signals from the Securities and Exchange Commission suggest that regulators may be newly receptive to shareholder arbitration. What they do next may have dramatic consequences for whether and how corporate and securities laws are enforced.

The debate about the merits of arbitration is well worn, but its application to shareholder claims opens the door to a different set ...


Balanced Judicial Realism In The Service Of Justice: Judge Richard D. Cudahy, Elizabeth Mertz, Cynthia Grant Bowman Jul 2018

Balanced Judicial Realism In The Service Of Justice: Judge Richard D. Cudahy, Elizabeth Mertz, Cynthia Grant Bowman

Cornell Law Faculty Publications

There is a quiet irony to be found in scholarly writings about the judiciary, which often center around high-profile jurists selected as the “great” judges. But there are great judges who do not receive or even want such widespread recognition, and who do not discuss their philosophy of judging—they simply focus on the job in front of them. Judges who operate with humility can often be very quiet about their legacies—brushing the issue off, as if uncomfortable with the attention. Anyone who knew Judge Richard D. Cudahy of the United States Court of Appeals for the Seventh Circuit ...


Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel May 2018

Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel

SAIPAR Case Review

No abstract provided.


Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba May 2018

Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba

SAIPAR Case Review

No abstract provided.


Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu May 2018

Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu

SAIPAR Case Review

No abstract provided.


Vol. 1, Issue 2 Masthead May 2018

Vol. 1, Issue 2 Masthead

SAIPAR Case Review

No abstract provided.


Vol. 1, Issue 2 Cover May 2018

Vol. 1, Issue 2 Cover

SAIPAR Case Review

No abstract provided.


Editor's Note, Tinenenji Banda May 2018

Editor's Note, Tinenenji Banda

SAIPAR Case Review

No abstract provided.


Nyimba Investments Limited Vs Nico Insurance Zambia Limited (Appeal No. 130/2016) [2017] Zmsc 32, Edward Sampa May 2018

Nyimba Investments Limited Vs Nico Insurance Zambia Limited (Appeal No. 130/2016) [2017] Zmsc 32, Edward Sampa

SAIPAR Case Review

No abstract provided.


Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo May 2018

Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo

SAIPAR Case Review

No abstract provided.


Dh Brothers Industries (Pty) Limited Vs. Olivine Industries (Pty) Limited (Appeal No. 74/2010) [2012] Zmsc 17, Chanda N. Tembo May 2018

Dh Brothers Industries (Pty) Limited Vs. Olivine Industries (Pty) Limited (Appeal No. 74/2010) [2012] Zmsc 17, Chanda N. Tembo

SAIPAR Case Review

No abstract provided.


Milford Maambo And Others V The People 2016/Cc/R001 [2017], O'Brien Kaaba May 2018

Milford Maambo And Others V The People 2016/Cc/R001 [2017], O'Brien Kaaba

SAIPAR Case Review

No abstract provided.


United Democratic Movement V Speaker Of The National Assembly And Others (Cct89/17) [2017] Zacc 21, Tinenenji Banda May 2018

United Democratic Movement V Speaker Of The National Assembly And Others (Cct89/17) [2017] Zacc 21, Tinenenji Banda

SAIPAR Case Review

No abstract provided.


Vol. 1, Issue 2 Table Of Contents May 2018

Vol. 1, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.


Making America Safe Again: The Proper Interpretation Of [Section] 1101 (A)(43)(S) Of The Immigration And Nationality Act From Both A Chevron And A Public Policy Perspective, Jon Derenne May 2018

Making America Safe Again: The Proper Interpretation Of [Section] 1101 (A)(43)(S) Of The Immigration And Nationality Act From Both A Chevron And A Public Policy Perspective, Jon Derenne

Cornell Law Review

The law must give our government every opportunity to protect Americans from the actions of criminal alien residents. This includes interpreting our existing statutes to provide the government with the broadest authority possible to deport resident aliens who violate our laws. As such, the optimal interpretation of the "relating to obstruction of justice" language within the INA is to implement the common sense textual interpretation applied by the Third Circuit, reading the statute broadly to encompass crimes that are listed in the obstruction of justice heading in the U.S. Code, as well as other logically related crimes.


Benefit Corporations: A Proposal For Assessing Liability In Benefit Enforcement Proceedings, Jaime Lee May 2018

Benefit Corporations: A Proposal For Assessing Liability In Benefit Enforcement Proceedings, Jaime Lee

Cornell Law Review

There has been a growing trend of more socially conscious consumption as a new generation of consumers and business leaders rises to the forefront. This trend has elicited a response from existing corporations and entrepreneurs starting new businesses such that socially-minded goals are taken into account in addition to profit-maximizing goals. Because the traditional corporation models restricted the ability of businesses to serve both socially-conscious and profit-maximizing goals simultaneously, new "fourth sector" corporations that combine aspects of the traditional for-profit, non-profit, and government sectors have been increasing in number. The most notable of these "fourth sector" corporations are benefit corporations ...