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Articles 1 - 30 of 74
Full-Text Articles in Law
Compensation And Revenge, Emily Sherwin
Compensation And Revenge, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout
Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout
Cornell Law Faculty Publications
This Article evaluates two possible explanations for why shareholders of public corporations tolerate board control of corporate assets and outputs: the widely accepted monitoring hypothesis, which posits that shareholders rely on boards primarily to control the "agency costs" associated with turning day-to-day control over the firm over to self-interested corporate executives, and the mediating hypothesis, which posits that shareholders also seek to "tie their own hands" by ceding control to directors as a means of attracting the extracontractual, firm-specific investments of such stakeholder groups as executives, creditors, and rank-and- file employees.
Part I reviews each hypothesis and concludes that each …
The Expectations Of Consumers, Douglas A. Kysar
The Expectations Of Consumers, Douglas A. Kysar
Cornell Law Faculty Publications
In the few years following promulgation of the Restatement (Third) of Torts: Products Liability, several courts have reaffirmed their allegiance to the consumer expectations test for product design defect liability, while rejecting the Restatement's contrary recommendation to adopt a design defect test that focuses primarily on technical features regarding the risk and utility of alternative product designs. In this Article, Professor Kysar reviews the post-Third Restatement decisions, identifying within them a common failure to articulate a coherent, independent doctrinal role for the consumer expectations test, despite the courts' clearly expressed desire to do so. In Kysar's view, courts adhering to …
Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski
Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
The authors agree with Professor Kysar that the current version of the consumer expectations test for design defectiveness is an amorphous, unprincipled misreading of section 402A of the Restatement (Second) of Torts. And they agree that most courts apply risk-utility balancing in determining design defectiveness. But they disagree with Kysar's proposal to supplement risk-utility balancing with a reinvigorated consumer expectations test based on expert testimony regarding what consumers actually expect in the way of design safety. Judicial reliance on such testimony would be susceptible to result-oriented manipulation by litigants, would not guide manufacturers in making sensible design choices, would pressure …
Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles
Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles
Cornell Law Faculty Publications
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The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
Cornell Law Faculty Publications
No abstract provided.
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
Cornell Law Faculty Publications
No abstract provided.
The Evolution Of Equality In American Law, Gerald Torres
The Evolution Of Equality In American Law, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo
Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.
Constitutional Existence Conditions And Judicial Review, Michael C. Dorf, Matthew D. Adler
Constitutional Existence Conditions And Judicial Review, Michael C. Dorf, Matthew D. Adler
Cornell Law Faculty Publications
Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Cornell Law Faculty Publications
Jamie Wilson, nineteen years old and severely mentally ill, walked into a school cafeteria and started shooting. Two children died, and Jamie was charged with two counts of capital murder. Because he admitted his guilt, the only issue at his trial was the appropriate punishment. The trial judge assigned to his case, after hearing expert testimony on his mental state, found that mental illness rendered Jamie unable to conform his conduct to the requirements of law at the time of the crime—not impaired by his mental illness in his ability to control his behavior, but unable to control his behavior. …
Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii
Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii
Cornell Law Faculty Publications
No abstract provided.
Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan
Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan
Cornell Law Faculty Publications
No abstract provided.
Domestic Violence: Does The African Context Demand A Different Approach?, Cynthia Grant Bowman
Domestic Violence: Does The African Context Demand A Different Approach?, Cynthia Grant Bowman
Cornell Law Faculty Publications
No abstract provided.
Empirical Research And Civil Jury Reform, Valerie P. Hans, Stephanie Albertson
Empirical Research And Civil Jury Reform, Valerie P. Hans, Stephanie Albertson
Cornell Law Faculty Publications
In January 2003, President George W. Bush invoked the supposed failings of the civil jury as the rationale for sweeping changes to the civil justice system. In a speech given at the University of Scranton, in Pennsylvania, a state where skyrocketing costs of medical malpractice insurance had created a political crisis, President Bush said, "Excessive jury awards will continue to drive up insurance costs, will put good doctors out of Scranton, Pa." Among the changes he proposed were a decrease in the time that patients would have to sue their doctors, a national cap on pain and suffering awards at …
Informal Methods Of Enhancing The Accountability Of Lawyers, W. Bradley Wendel
Informal Methods Of Enhancing The Accountability Of Lawyers, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
How I Learned To Stop Worrying And Love Lawyer-Bashing: Some Post-Conference Reflections, W. Bradley Wendel
How I Learned To Stop Worrying And Love Lawyer-Bashing: Some Post-Conference Reflections, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Contract Lore, Robert A. Hillman
Contract Lore, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector, Laura S. Underkuffler
Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Two Kinds Of Criminal Wrongs, Stephen P. Garvey
Two Kinds Of Criminal Wrongs, Stephen P. Garvey
Cornell Law Faculty Publications
I distinguish two kinds of criminal wrongs. A wrongdoer who acts in defiance of his conscience is guilty of what I call a wicked wrong. A wrongdoer who does not act in defiance of his conscience is guilty of what I call a vicious wrong. The distinction is derived from a conception of immorality typically associated with the Christian tradition. The distinction is important because it determines the moral message a wrongdoer should try to send through the punishment or penance he must endure in order to atone for his wrongdoing.
What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller
What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
Determining an appropriate fee is a difficult task facing trial court judges in class action litigation. But courts rarely rely on empirical research to assess a fee’s reasonableness, due, at least in part, to the relative paucity of available information. Existing empirical studies of attorney fees in class action cases are limited in scope, and generally do not control for important variables. To help fill this gap, we analyzed data from all state and federal class actions with reported fee decisions from 1993 to 2002 in which the fee and class recovery could be determined with reasonable confidence.
We find …
The Mechanisms Of Market Inefficiency: An Introduction To The New Finance, Lynn A. Stout
The Mechanisms Of Market Inefficiency: An Introduction To The New Finance, Lynn A. Stout
Cornell Law Faculty Publications
During the 1970s and early 1980s, the Efficient Capital Market Hypothesis (ECMH) became one of the most widely-accepted and influential ideas in finance economics. More recently, however, the idea of market efficiency has fallen into disrepute as a result of market events and growing empirical evidence of inefficiencies. This essay argues that the weaknesses of the efficient market theory are, and were, apparent from a careful inspection of its initial premises, including the presumptions of homogeneous investor expectations, effective arbitrage, and investor rationality. By the same token, a wide range of market phenomena inconsistent with the ECHM can be explained …
Busting The Professional Trust: A Comment On William Simon’S Ladd Lecture, W. Bradley Wendel
Busting The Professional Trust: A Comment On William Simon’S Ladd Lecture, W. Bradley Wendel
Cornell Law Faculty Publications
It is truly an honor to be asked to Comment on the work of William Simon, one of the scholars who has done the most to contribute to the reputation of legal ethics as a field with intellectual rigor and depth, as well as one with significant implications for legal theory generally. The power of his critical faculties is unmatched: the platitudes offered by the organized bar in defense of the dominant view of legal ethics lie in tatters after the sustained assault in the first three chapters of The Practice of Justice. In fact, it can be difficult …
The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb
The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
The Limits Of Property Reparations, Gregory S. Alexander
The Limits Of Property Reparations, Gregory S. Alexander
Cornell Law Faculty Publications
Human history is replete with examples of unjustified expropriations of property by conquering states and other transitory regimes. Only in modern times, however, have nations attempted systematically to remedy historical injustices by providing reparations to the dispossessed owners or their successors. From the aboriginal peoples of the Antipodes to the Native Americans of Canada and the U.S. to the European victims of the German and Soviet communism, groups of people who were stripped of their land and possessions by fraud or force are demanding, and in many cases getting, reparations for these injustices. The thesis of this paper is that …
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
Cornell Law Faculty Publications
No abstract provided.
Environmental Tribalism, Douglas A. Kysar, James Salzman
Environmental Tribalism, Douglas A. Kysar, James Salzman
Cornell Law Faculty Publications
Recent writings by Dan Farber and J.B. Ruhl have put forward a strong case for "eco-pragmatic" and "radical middle" approaches to environmental policymaking. Rather than debate the merits of such an approach, in this Article we examine whether eco-pragmatic policy development is likely in practice and where it might occur, given the tribal nature of public environmental advocacy. We use the remarkably polarized reaction to Bjorn Lomborg's book, "The Skeptical Environmentalist," as a vehicle to explore the seemingly fundamental divide that exists between warring parties within the environmental law and policy communities. By offering a more complete understanding of why …