Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Cornell University Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 6415

Full-Text Articles in Law

Unprecedented? Judicial Confirmation Battles And The Search For A Usable Past, Josh Chafetz Nov 2017

Unprecedented? Judicial Confirmation Battles And The Search For A Usable Past, Josh Chafetz

Cornell Law Faculty Publications

Recent years have seen intense conflicts over federal judicial appointments, culminating in Senate Republicans' 2016 refusal to consider the nomination of Merrick Garland to the Supreme Court, Senate Democrats' 2017 filibuster of Neil Gorsuch's nomination to the same seat, and Republicans' triggering of the "nuclear option" to confirm Gorsuch. At every stage in this process, political actors on both sides have accused one another of "unprecedented" behavior.

This Essay, written for the 2017 Supreme Court issue of the Harvard Law Review, examines these disputes and their histories, with an eye toward understanding the ways in which discussions of (un ...


Signing Statements And Presidentializing Legislative History, John M. De Figueiredo, Edward H. Stiglitz Oct 2017

Signing Statements And Presidentializing Legislative History, John M. De Figueiredo, Edward H. Stiglitz

Cornell Law Faculty Publications

Presidents often attach statements to the bills they sign into law, purporting to celebrate, construe, or object to provisions in the statute. Though long a feature of U.S. lawmaking, the President has avowedly attempted to use these signing statements as tool of strategic influence over judicial decisionmaking since the 1980s—as a way of creating “presidential legislative history” to supplement and, at times, supplant the traditional congressional legislative history conventionally used by the courts to interpret statutes. In this Article, we examine a novel dataset of judicial opinion citations to presidential signing statements to conduct the most comprehensive empirical ...


Mind The Gap: A Systematic Approach To The International Criminal Court's Arrest Warrants Enforcement Problem, Nadia Banteka Sep 2017

Mind The Gap: A Systematic Approach To The International Criminal Court's Arrest Warrants Enforcement Problem, Nadia Banteka

Cornell International Law Journal

No abstract provided.


Congressional And Presidential War Powers As A Dialogue: Analysis Of The Syrian And Isis Conflicts, Charles Tiefer, Kathleen Clark Sep 2017

Congressional And Presidential War Powers As A Dialogue: Analysis Of The Syrian And Isis Conflicts, Charles Tiefer, Kathleen Clark

Cornell International Law Journal

No abstract provided.


Should Compensated Surrogacy Be Permitted Or Prohibited?, Cornell Law School. International Human Rights Policy Advocacy Clinic, National Law University, Delhi Sep 2017

Should Compensated Surrogacy Be Permitted Or Prohibited?, Cornell Law School. International Human Rights Policy Advocacy Clinic, National Law University, Delhi

Cornell Law Faculty Publications

Surrogacy provides a way for infertile people, as well as same-sex couples and single individuals, to become parents. Surrogacy is permitted in most states in the United States. In New York, however, surrogacy contracts are void and unenforceable according to a 1992 law. The Child-Parent Security Act of 2017 (the CPSA) would repeal this prohibition, make surrogacy agreements enforceable, and permit surrogates to be compensated for the gestational care they provide. In this report, we review the landscape of state laws in the United States, laws around the world, moral concerns that led to the adoption of the current New ...


The Finance Franchise, Robert C. Hockett, Saule T. Omarova Jul 2017

The Finance Franchise, Robert C. Hockett, Saule T. Omarova

Cornell Law Review

No abstract provided.


The Political Economy Of The Constitutional Right To Asylum, Lucas Kowalczyk, Mila Versteeg Jul 2017

The Political Economy Of The Constitutional Right To Asylum, Lucas Kowalczyk, Mila Versteeg

Cornell Law Review

No abstract provided.


Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel Jul 2017

Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel

Cornell Law Faculty Publications

The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The "First Wave" connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers' role morality, while the "Second Wave" focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the Conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics ...


Empowering Individual Plaintiffs, Gideon Parchomovsky, Alex Stein Jul 2017

Empowering Individual Plaintiffs, Gideon Parchomovsky, Alex Stein

Cornell Law Review

No abstract provided.


Why Congress Cannot Unilaterally Repeal Puerto Rico's Constitution, Adam W. Mccall Jul 2017

Why Congress Cannot Unilaterally Repeal Puerto Rico's Constitution, Adam W. Mccall

Cornell Law Review

No abstract provided.


The Disobedient Jury: Why Lawmakers Should Codify Jury Nullification, Caisa E. Royer Jul 2017

The Disobedient Jury: Why Lawmakers Should Codify Jury Nullification, Caisa E. Royer

Cornell Law Review

No abstract provided.


Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin Jun 2017

Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin

Cornell Law Faculty Publications

When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear ...


Barriers To Participatory Erulemaking Platform Adoption: Lessons Learned From Regulationroom, Mary J. Newhart, Joshua D. Brooks May 2017

Barriers To Participatory Erulemaking Platform Adoption: Lessons Learned From Regulationroom, Mary J. Newhart, Joshua D. Brooks

Cornell e-Rulemaking Initiative Publications

Rulemaking, the process through which United States (U.S.) federal government agencies develop major health, safety and economic regulations, was an early target of electronic government (e-government) efforts. Because it was an established decision-making process that had substantial formal requirements of transparency, public participation and responsiveness it seemed a perfect target for technology-supported participatory policymaking. It was believed that new technologies could transform rulemaking, increasing its democratic legitimacy and improving its policy outcomes by broadening the range of participating individuals and groups (Brandon and Carlitz, 2003; Coglianese, 2004; Noveck, 2004). Despite the promise of a more deliberative and democratic process ...


Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Smeda May 2017

Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Smeda

Cornell Law Library Prize for Exemplary Student Research Papers

U.S. border agents detained at least 52,000 unaccompanied minors from only four Central American countries—Mexico, Guatemala, El Salvador, and Honduras—in 2014, while 95,000 unaccompanied children sought asylum in Europe in 2015.Given the ongoing turmoil in various parts of the world, these numbers will likely rise. Children are narrowly escaping their native countries. With little help available from legal counsel and little time to gather supporting evidence, more children are relying on the gamble of a positive credibility assessment in an asylum application.

The stakes are high—either a new life in the United States ...


Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad May 2017

Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad

Cornell Law Library Prize for Exemplary Student Research Papers

Kara Goad’s research examines the forms and terms of labor that incarcerated workers perform in American prisons, seeking to demonstrate that labor law could provide potential remedies for work-related grievances.

Goad’s research includes traditional statutory and case law analysis along with examinations of prison statistics, National Labor Relations Board (NLRB) decisions and other administrative law materials relating to prisons and labor law. She uses her findings lay out a path for incarcerated workers to potentially unionize under the National Labor Relations Act (NLRA).


The Great Failure Of The Ipxi Experiment: Why Commoditization Of Intellectual Property Failed, Merritt L. Steele May 2017

The Great Failure Of The Ipxi Experiment: Why Commoditization Of Intellectual Property Failed, Merritt L. Steele

Cornell Law Review

No abstract provided.


Retiring Forum Non Conveniens, Maggie Gardner May 2017

Retiring Forum Non Conveniens, Maggie Gardner

Cornell Law Faculty Publications

When it comes to transnational litigation in the federal courts, it is time to retire the doctrine of forum non conveniens. The doctrine, which allows judges to decline jurisdiction in cases they believe would be better heard in foreign courts, is meant to promote international comity and protect defendant fairness. But it is not well-designed for the former purpose, and given recent developments at the Supreme Court, it is dangerously redundant when it comes to the latter. This Article seeks to demythologize forum non conveniens, to question its continuing relevance, and to encourage the courts and Congress to narrow its ...


Space, Time, And Historical Injustice: A Feminist Conflict-Of-Laws Approach To The Comfort Women Agreement, Karen Knop, Annelise Riles May 2017

Space, Time, And Historical Injustice: A Feminist Conflict-Of-Laws Approach To The Comfort Women Agreement, Karen Knop, Annelise Riles

Cornell Law Review

No abstract provided.


Democratic Enforcement: Accountability And Independence For The Litigation State, Margaret H. Lemos May 2017

Democratic Enforcement: Accountability And Independence For The Litigation State, Margaret H. Lemos

Cornell Law Review

No abstract provided.


Coordinating Compliance Incentives, Veronica Root May 2017

Coordinating Compliance Incentives, Veronica Root

Cornell Law Review

No abstract provided.


Cyber Attack Exception To The Foreign Sovereign Immunities Act, Paige C. Anderson May 2017

Cyber Attack Exception To The Foreign Sovereign Immunities Act, Paige C. Anderson

Cornell Law Review

No abstract provided.


Law In The Work Of Felix Gonzales-Torres, Eduardo M. Penalver, Sergio M. Munoz Apr 2017

Law In The Work Of Felix Gonzales-Torres, Eduardo M. Penalver, Sergio M. Munoz

Cornell Journal of Law and Public Policy

No abstract provided.


Carlos And Rosa De La Cruz Introductory Remarks, Rosa R. De La Cruz Apr 2017

Carlos And Rosa De La Cruz Introductory Remarks, Rosa R. De La Cruz

Cornell Journal of Law and Public Policy

No abstract provided.


Objects Of Art; Objects Of Property, Gregory S. Alexander Apr 2017

Objects Of Art; Objects Of Property, Gregory S. Alexander

Cornell Journal of Law and Public Policy

No abstract provided.


Public Experience/Private Authority, Martha Buskirk Apr 2017

Public Experience/Private Authority, Martha Buskirk

Cornell Journal of Law and Public Policy

No abstract provided.


The Public Good In Poetic Justice, Sonya K. Katyal Apr 2017

The Public Good In Poetic Justice, Sonya K. Katyal

Cornell Journal of Law and Public Policy

No abstract provided.


Felix Gonzalez-Torres's Epistemic Art, Robert Hobbs Apr 2017

Felix Gonzalez-Torres's Epistemic Art, Robert Hobbs

Cornell Journal of Law and Public Policy

No abstract provided.


Felix Gonzales-Torres On Contracts, Joan Kee Apr 2017

Felix Gonzales-Torres On Contracts, Joan Kee

Cornell Journal of Law and Public Policy

No abstract provided.


When Campus Sexual Misconduct Policies Violate Due Process Rights, Blair A. Baker Apr 2017

When Campus Sexual Misconduct Policies Violate Due Process Rights, Blair A. Baker

Cornell Journal of Law and Public Policy

No abstract provided.


The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry Apr 2017

The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry

Cornell Law Faculty Publications

After the gruesome terrorist attack that killed eighty-four people in Nice, many beach towns in France began to ban Muslim women from wearing the "burkini" on beaches. The burkini, which was created by an Australian designer, is modest swimwear that covers the body and hair. The Nice attack occurred on the heels of a series of attacks in France. The timing of the French burkini ban suggests it was targeting Muslims due to the anger over the attacks. The argument that burkinis are not hygienic is a fig leaf for other more pernicious justifications. Others argue that religious garb generally ...