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Articles 31 - 60 of 84
Full-Text Articles in Law
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.
Financing Chinese Capitalism: Principal Banks, Economic Crisis, And Chinese Family Firms In Singapore, Henry W. Yeung
Financing Chinese Capitalism: Principal Banks, Economic Crisis, And Chinese Family Firms In Singapore, Henry W. Yeung
Cultural Approaches to Asian Financial Markets
It is a widely circulated myth that Chinese family firms rely exclusively on kinship ties and network capital to finance their domestic and international operations. In this empirical paper, I argue that large Chinese family firms are increasingly engaging with financial markets on a global scale. In order to finance their transnational business activities, these firms require financial services from banks beyond their domestic economies, resulting in a growing number and geographical spread of their principal banks. Second, I contend that as these Chinese family firms are diversifying their principal banks beyond a narrow confinement to other Chinese family-owned banks …
The Women's Movement And Legal Reform In Thailand, Virada Somswasdi
The Women's Movement And Legal Reform In Thailand, Virada Somswasdi
Cornell Law School Berger International Speaker Papers
In the late 1960's, during the time of dictatorial rule in Thailand, a group of educated upper class women in legal and business professions had actively taken up the call for a reform in the family law, which was actually a continuation of the activism of the mid 1950's. The focal issues included the right of a wife to matrimonial property management and the prevention of double marital registration. The campaign, even though it contributed greatly in allowing women a better status in society, was seen by many as an outcry of wealthy elitist women whose concerns were vested in …
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 …
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
Cornell Law Faculty Publications
Next to Texas, no state has executed more capital defendants than Virginia. Moreover, the likelihood of a death sentence actually being carried out is greater in Virginia than it is elsewhere, while the length of time between the imposition of a death sentence and its actual execution is shorter. Virginia has thus earned a reputation among members of the defense bar as being among the worst of the death penalty states. Yet insofar as these facts about Virginia's death penalty relate primarily to the behavior of state and federal appellate courts, they suggest that what makes Virginia's death penalty unique …
The Choice-Of-Law Revolution In The United States: Notes On Rereading Von Mehren, Gary J. Simson
The Choice-Of-Law Revolution In The United States: Notes On Rereading Von Mehren, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Mercy By The Numbers: An Empirical Analysis Of Clemency And Its Structure, Michael Heise
Mercy By The Numbers: An Empirical Analysis Of Clemency And Its Structure, Michael Heise
Cornell Law Faculty Publications
Clemency is an extrajudicial measure intended both to enhance fairness in the administration of justice, and allow for the correction of mistakes. Perhaps nowhere are these goals more important than in the death penalty context. The recent increased use of the death penalty and concurrent decline in the number of defendants removed from death row through clemency call for a better and deeper understanding of clemency authority and its application. Questions about whether clemency decisions are consistently and fairly distributed are particularly apt. This study uses 27 years of death penalty and clemency data to explore the influence of defendant …
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
The Scottsboro Trials: A Legal Lynching (Part Ii), Faust Rossi
The Scottsboro Trials: A Legal Lynching (Part Ii), Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Lay Participation In Legal Decision Making: Introduction To Law & Policy Special Issue, Valerie P. Hans
Lay Participation In Legal Decision Making: Introduction To Law & Policy Special Issue, Valerie P. Hans
Cornell Law Faculty Publications
United States scholarship on lay participation revolves around one predominant form of lay participation, the jury (Hans & Vidmar forthcoming 2004). However, in the legal systems of many countries, laypeople participate as decision makers in other ways. Laypersons serve as judges (Provine 1986), magistrates (Diamond 1993), and private prosecutors (Perez Gil 2003). Lay and law-trained judges may also decide cases together in mixed tribunals (Kutnjak Ivkovi6 2003; Machura 2003; Vidmar 2002). Although diverse in structure, these methods share with the jury a set of animating ideas about lay involvement in legal decision making.
Many of these ideas appear to be …
The Government As Litigant: Further Tests Of The Case Selection Model, Theodore Eisenberg, Henry Farber
The Government As Litigant: Further Tests Of The Case Selection Model, Theodore Eisenberg, Henry Farber
Cornell Law Faculty Publications
We develop a model of the plaintiff's decision to file a lawsuit that has implications for how differences between the federal government and private litigants translate into differences in trial rates and plaintiff win rates at trial. Our case selection model generates a set of predictions for relative trial rates and plaintiff win rates, depending on the type of case and whether the government is defendant or plaintiff. To test the model, we use data on about 474,000 cases filed in federal district court between 1979 and 1994 in the areas of personal injury and job discrimination, in which the …
Jurors' Evaluations Of Expert Testimony: Judging The Messenger And The Message, Sanja Kutnjak Ivkovic, Valerie P. Hans
Jurors' Evaluations Of Expert Testimony: Judging The Messenger And The Message, Sanja Kutnjak Ivkovic, Valerie P. Hans
Cornell Law Faculty Publications
Jurors are laypersons with no specific expert knowledge, yet they are routinely placed in situations in which they need to critically evaluate complex expert testimony. This paper examines jurors' reactions to experts who testify in civil trials and the factors jurors identify as important to expert credibility. Based on in-depth qualitative analysis of interviews with 55 jurors in 7 civil trials, we develop a comprehensive model of the key factors jurors incorporate into the process of evaluating expert witnesses and their testimony. Contrary to the frequent criticism that jurors primarily evaluate expert evidence in terms of its subjective characteristics, the …
Reason And Authority In Legal Ethics, W. Bradley Wendel
Reason And Authority In Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Pragmatist And Non-Pragmatist Knowledge Practices In American Law, Mariana Valverde
Pragmatist And Non-Pragmatist Knowledge Practices In American Law, Mariana Valverde
Pragmatism, Law and Governmentality
For anyone interested in documenting and analyzing knowledge practices, legal arenas prove to be fruitful sites, for at least two reasons. 1) First, questions of evidence and of authority are often explicitly contested, with the contestations often forming part of a court’s public record and/or going on in the public setting of the courtroom. Thus, unlike science studies scholars, who must gain access to social interactions that are not mentioned in scientific papers and that do not take place in public view, legal studies scholars have vast amounts of material – affidavits, trial transcripts, etc– that can readily be analyzed, …
Styles Of Pragmatism, Social Science And The Law, Robert P. Burns
Styles Of Pragmatism, Social Science And The Law, Robert P. Burns
Pragmatism, Law and Governmentality
I have long held as an ideal the words of one of foremost American interpreters of John Dewey's philosophy: "An adequate, comprehensive political and social theory must be at once empirical, interpretive, and critical." How these styles of social inquiry, whose practitioners often seem at war, might cohere has never been completely clear. This essay is an attempt to work out in a very limited context some of the issues surrounding these relationships. In particular, I want to explore the relationship between the interpretive style, which I take to be central, and the other two. The focus of these remarks …
Invisible Foundations: Science, Democracy, And Faith Among The Pragmatists, Patrick J. Deneen
Invisible Foundations: Science, Democracy, And Faith Among The Pragmatists, Patrick J. Deneen
Pragmatism, Law and Governmentality
Today science is almost universally regarded as an ally of democracy. Religion - once viewed by Tocqueville as the great support of democratic mores, in contrast to the materialism of then-contemporary atheists who threatened to undermine democratic commitments - is now viewed by many as antithetical to the openness and provisionality that marks both science and democracy. As framed by the neo-pragmatist Richard Rorty, religion is a "conversation-stopper," the very definition of anti-democratic, anti-scientific anti-pragmatism.
Whereas a pragmatic form of faith, notably "democratic faith," secures belief in an ever improving future, the "politics of skepticism" is reinforced by the initial …
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Cornell Law Faculty Working Papers
This bibliography collects and organizes citations to dissertations, chapters in books, journal articles, legislative materials, books, and book reviews from 1980 forward that analyze the effect of victim impact statements in capital cases. The main purpose of the bibliography is to present citations to empirical studies and quantitative evaluations of victim impact statements in the United States and other countries. Because there are few reported empirical studies, the bibliography also contains references to articles that provide qualitative analyses of victim impact statements in criminal trials and of participatory rights of victims in the justice process in general.
The Domain Of Reflexive Law, Michael C. Dorf
The Domain Of Reflexive Law, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel
Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel
Cornell Law Faculty Publications
One of the most striking things to notice when "looking back" on the regulation of the legal profession is the relative absence of enforceable legal sanctions for unethical behavior by lawyers. Before the promulgation in 1970 of the ABA's Model Code of Professional Responsibility, regulation of the legal profession was largely a matter of a fraternal body taking care of its own, and occasionally expelling miscreants. Now, of course, there is a complex body of law, enforced by courts and regulatory authorities with overlapping jurisdiction, that governs a substantial amount of the day-to-day activities of lawyers.
The hypothesis I explore …
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Cornell Law Faculty Publications
No abstract provided.
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Cornell Law Faculty Working Papers
This article examines an apparent paradox in comparative constitutional law. Property rights are not treated as a fundamental right in American constitutional law; they are, however, under the Basic Law (i.e., constitution) of Germany, a social-welfare state that otherwise gives less weight to property. The article uses this apparent paradox as a vehicle for considering the different reasons why constitutions protect property. It explains the difference between the German and American constitutional treatment of property on the basis of the quite different approaches taken in the two systems to the purposes of constitutional protection of property.
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn
Cornell Law Faculty Publications
The Democratization Process And Structural Adjustment In Africa, Muna Ndulo
The Democratization Process And Structural Adjustment In Africa, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.
Conflicts Of Interest Under The Revised Model Rules, W. Bradley Wendel
Conflicts Of Interest Under The Revised Model Rules, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Marriage Law: Obsolete Or Cutting Edge?, Jeffrey S. Lehman
Marriage Law: Obsolete Or Cutting Edge?, Jeffrey S. Lehman
Cornell Law Faculty Publications
No abstract provided.
Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Cornell Law Faculty Publications
This article is available at:
http://scholarship.law.cornell.edu/facpub/290/.
The use of victim impact evidence (VIE) has been a standard feature of capital trials since 1991, when the Supreme Court lifted the previously existing constitutional bar to such evidence. Legal scholars have almost universally condemned the use of VIE, criticizing it on a variety of grounds.
Yet little empirical analysis exists that examines how VIE influences the course and outcome of capital trials. Moreover, the handful of empirical analyses that do exist rely on data gathered in simulation studies. Although valuable contributions have emerged from these experimental studies, such studies have often-rehearsed …
The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas
The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Liberalism And The Establishment Clause, Steven H. Shiffrin
Liberalism And The Establishment Clause, Steven H. Shiffrin
Cornell Law Faculty Publications
Every political theory tolerates some things and not others. Every political theory promotes a particular kind of person even if it denies it is doing so. But the best liberalism does not confine itself to promoting a Rawlsian-tolerant citizen. Liberalism, like conservatism, has greater ambitions in the socialization of the young. The best liberalism, a neo-Millian liberalism, promotes a creative, independent, autonomous, engaged citizen and human being who works with others to make for a better society and speaks out against unjust customs, habits, institutions, traditions, hierarchies, and authorities.
Although government may promote a particular conception of the good life, …
Deception In Morality And Law, Larry Alexander, Emily Sherwin
Deception In Morality And Law, Larry Alexander, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.