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Articles 1 - 30 of 75
Full-Text Articles in Law
Too Big To Fail - Towards A Sovereign Bankruptcy Regime, Davy V. H. Nguyen
Too Big To Fail - Towards A Sovereign Bankruptcy Regime, Davy V. H. Nguyen
Cornell International Law Journal
No abstract provided.
The Puzzling Non-Consequences Of Societal Distrust Of Courts: Explaining The Use Of Russian Courts, Kathryn Hendley
The Puzzling Non-Consequences Of Societal Distrust Of Courts: Explaining The Use Of Russian Courts, Kathryn Hendley
Cornell International Law Journal
Russians' lack of trust in courts as an institution has been repeatedly documented through public opinion polling. Yet the caseload data show a steady increase in the use of courts by both individuals and firms in Russia. But these data cannot explain why Russians choose to use the courts. The Article makes use of two publicly available datasets grounded in representative surveys of Russian citizens and firms to investigate this puzzle. The existing literature assumes that the lack of legitimacy of courts in Russia forestalls use. While confirming the societal disdain for courts, the analysis reveals that this attitude has …
Promises, Policies, And Principles: The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman
Promises, Policies, And Principles: The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman
Cornell Journal of Law and Public Policy
No abstract provided.
Is Complementarity The Right Approach For The International Criminal Court’S Crime Of Aggression - Considering The Problem Of Overzealous National Court Prosecutions, Jennifer Trahan
Cornell International Law Journal
At the first Review Conference on the Rome Statute of the International Criminal Court (ICC), the Assembly of States Parties to the ICC adopted an amendment defining the crime of aggression and conditions for the ICC's exercise of jurisdiction over the crime. Because the definition will be incorporated into the existing framework of the Rome Statute, the crime will be subject to the "complementarity" provision contained therein. That provision specifies that a case is "inadmissible" before the ICC if there are national investigations and/or prosecutions, unless the state demonstrates an unwillingness or inability to investigate or prosecute the case. By …
Leahy Law: Congressional Failure, Executive Overreach, And The Consequences, The , Nathanael Tenorio Miller
Leahy Law: Congressional Failure, Executive Overreach, And The Consequences, The , Nathanael Tenorio Miller
Cornell International Law Journal
No abstract provided.
The Icsid Under Siege, Leon E. Trakman
The Icsid Under Siege, Leon E. Trakman
Cornell International Law Journal
Rights-based processes, including binding arbitration and traditional court trials, have limited remedies and may not address the full range of interests and needs that the parties may have. Disputes resolved on the basis of power (e.g. through gunboat diplomacy, or at the extreme, violence and war) weight the outcome in favour of the party with the most leverage, status and resources, but this may be costly on the relationships involved and may result in failure to vindicate rights.(1)
Bad Juror Lists And The Prosecutor’S Duty To Disclose, Ira P. Robbins
Bad Juror Lists And The Prosecutor’S Duty To Disclose, Ira P. Robbins
Cornell Journal of Law and Public Policy
No abstract provided.
Pimps, Johns, And Juvenile Prostitutes: Is New York Doing Enough To Combat The Commercial Sexual Exploitation Of Children, Marihug Cedeno
Pimps, Johns, And Juvenile Prostitutes: Is New York Doing Enough To Combat The Commercial Sexual Exploitation Of Children, Marihug Cedeno
Cornell Journal of Law and Public Policy
No abstract provided.
When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti
When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti
Cornell Journal of Law and Public Policy
No abstract provided.
Ungating Suburbia: Property Rights, Political Participation, And Common Interest Communities, Ross Thomas
Ungating Suburbia: Property Rights, Political Participation, And Common Interest Communities, Ross Thomas
Cornell Journal of Law and Public Policy
No abstract provided.
Defective Information: Should Information Be A Product Subject To Products Liability Claims, Joseph L. Reutiman
Defective Information: Should Information Be A Product Subject To Products Liability Claims, Joseph L. Reutiman
Cornell Journal of Law and Public Policy
No abstract provided.
Incompetent Drafting And Complex Laws: Automatically Waiving Set-Aside Of Foreign Arbitration Awards In The United States, Tiina E. Vaisanen
Incompetent Drafting And Complex Laws: Automatically Waiving Set-Aside Of Foreign Arbitration Awards In The United States, Tiina E. Vaisanen
Cornell International Law Journal
No abstract provided.
The Tsunami Of Legal Uncertainty: What’S A Court To Do Post-Mcdonald, Stacey L. Sobel
The Tsunami Of Legal Uncertainty: What’S A Court To Do Post-Mcdonald, Stacey L. Sobel
Cornell Journal of Law and Public Policy
No abstract provided.
Work-Family Policy In The United States, Natasha Bhushan
Work-Family Policy In The United States, Natasha Bhushan
Cornell Journal of Law and Public Policy
No abstract provided.
Does Sorry Incriminate - Evidence, Harm And The Protection Of Apology, Jeffrey S. Heimreich
Does Sorry Incriminate - Evidence, Harm And The Protection Of Apology, Jeffrey S. Heimreich
Cornell Journal of Law and Public Policy
No abstract provided.
Voices Without Law: The Border Crossing Stories And Workplace Attitudes Of Immigrants, Leticia M. Saucedo, Maria Cristina Morales
Voices Without Law: The Border Crossing Stories And Workplace Attitudes Of Immigrants, Leticia M. Saucedo, Maria Cristina Morales
Cornell Journal of Law and Public Policy
No abstract provided.
Undocumented Workers: Crossing The Borders Of Immigration And Workplace Law, Kati L. Griffith
Undocumented Workers: Crossing The Borders Of Immigration And Workplace Law, Kati L. Griffith
Cornell Journal of Law and Public Policy
No abstract provided.
Dreams Deferred - Why In-State College Tuition Rates Are Not A Benefit Under The Iirira And How This Interpretation Violates The Spirit Of Plyler, Laura A. Hernandez
Dreams Deferred - Why In-State College Tuition Rates Are Not A Benefit Under The Iirira And How This Interpretation Violates The Spirit Of Plyler, Laura A. Hernandez
Cornell Journal of Law and Public Policy
No abstract provided.
Ten Years After Hoffman Plastic Compounds, Inc. V. Nlrb: The Power Of A Labor Law Symbol, Ruben J. Garcia
Ten Years After Hoffman Plastic Compounds, Inc. V. Nlrb: The Power Of A Labor Law Symbol, Ruben J. Garcia
Cornell Journal of Law and Public Policy
No abstract provided.
On-Campus Suicide Sites And Means-Restrictive Suicide Barriers: Protecting Students And Their Universities, Rachel S. Sparks Bradley
On-Campus Suicide Sites And Means-Restrictive Suicide Barriers: Protecting Students And Their Universities, Rachel S. Sparks Bradley
Cornell Journal of Law and Public Policy
No abstract provided.
Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, And Deviant Dicta In The D.C. Circuit, Jordan J. Paust
Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, And Deviant Dicta In The D.C. Circuit, Jordan J. Paust
Cornell International Law Journal
No abstract provided.
The Brakes That Failed: Constitutional Restriction Of International Agreements In France, Gerald L. Neuman
The Brakes That Failed: Constitutional Restriction Of International Agreements In France, Gerald L. Neuman
Cornell International Law Journal
Can constitutions successfully constrain the exercise of the treaty power? This article examines the French Constitution of 1958 as a case study. The founders of the Fifth Republic drafted provisions intended to protect national sovereignty, as the Gaullists understood that concept, against inroads resulting from international agreements. Looking back fifty years later, it is clear that those protective efforts did not succeed. The sequence of events by which the constraints were loosened or evaded may represent one nation's particular history, but they illustrate the limited capacity of constitutional restrictions to control international commitments in the long term.
Being Gay In Kenya: The Implications Of Kenya’S New Constitution For Its Anti-Sodomy Laws, Courtney E. Finerty
Being Gay In Kenya: The Implications Of Kenya’S New Constitution For Its Anti-Sodomy Laws, Courtney E. Finerty
Cornell International Law Journal
No abstract provided.
Hope For Reform Springs Eternal: How The Sponsorship System, Domestic Laws And Traditional Customs Fail To Protect Migrant Domestic Workers In Gcc Countries, Heather E. Murray
Hope For Reform Springs Eternal: How The Sponsorship System, Domestic Laws And Traditional Customs Fail To Protect Migrant Domestic Workers In Gcc Countries, Heather E. Murray
Cornell International Law Journal
No abstract provided.
Renegotiate The Wto Schedules Of Commitments: Technological Development And Treaty Interpretation, Shin-Yi Peng
Renegotiate The Wto Schedules Of Commitments: Technological Development And Treaty Interpretation, Shin-Yi Peng
Cornell International Law Journal
The interpretation of schedules has been the subject of several Panel and Appellate Body reports in recent years, and it is anticipated that challenges to schedules related to information and communication technologies before the dispute settlement body will increase. The recent decisions of the Panel and the Appellate Body in EC-IT Products and China-Audiovisual Services may become significant leading cases on the issues of how to interpret "schedules of commitments" in this rapidly changing digital era. I conclude in this article that the Panel appropriately recognized in EC-IT Products that the Information Technology Agreement is not relevant in determining the …
Legal Restraints On The Use Of Shareholders’ Agreements For Structuring Foreign Investment Deals In Russia, Karina L. Pulec
Legal Restraints On The Use Of Shareholders’ Agreements For Structuring Foreign Investment Deals In Russia, Karina L. Pulec
Cornell International Law Journal
No abstract provided.
Children’S Rights And A Capabilities Approach: The Question Of Special Priority, Rosalind Dixon, Martha C. Nussbaum
Children’S Rights And A Capabilities Approach: The Question Of Special Priority, Rosalind Dixon, Martha C. Nussbaum
Cornell Law Review
No abstract provided.
Without A Leg To Stand On - Class Representatives, Federal Courts, And Standing Desiderata, Daniel D. Devougas
Without A Leg To Stand On - Class Representatives, Federal Courts, And Standing Desiderata, Daniel D. Devougas
Cornell Law Review
No abstract provided.
Credit Card Pricing: The Card Act And Beyond, Oren Bar-Gill, Ryan Bubb
Credit Card Pricing: The Card Act And Beyond, Oren Bar-Gill, Ryan Bubb
Cornell Law Review
No abstract provided.
Have No Fear (Of Piling Inference Upon Inference): How United States V. Comstock Can Save The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act, Margaret K. O'Leary
Have No Fear (Of Piling Inference Upon Inference): How United States V. Comstock Can Save The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act, Margaret K. O'Leary
Cornell Law Review
No abstract provided.