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Articles 91 - 95 of 95
Full-Text Articles in Law
Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna B. Ndulo
Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna B. Ndulo
Cornell Law Faculty Publications
No abstract provided.
Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont
Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont
Cornell Law Faculty Publications
No abstract provided.
Aedpa: The "Hype" And The "Bite", John H. Blume
Aedpa: The "Hype" And The "Bite", John H. Blume
Cornell Law Faculty Publications
On April 24, 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Thus, the AEDPA era began. While Clinton's presidential signing statement paid lip service to meaningful federal court review of state court convictions, AEDPA's supporters knew better. The fix was in, and happy habeas days were here again. But, as the old saying goes, "What if you gave a revolution and nobody came?" As I will argue, that is in many (but not all) respects what happened. In this Article, I have argued that AEDPA was, in many respects, more "hype" than "bite." For …
Assessing The Ssrn-Based Law School Rankings, Theodore Eisenberg
Assessing The Ssrn-Based Law School Rankings, Theodore Eisenberg
Cornell Law Faculty Publications
One noteworthy feature of the SSRN-based rankings is the high correlation between them and other rankings. Black and Caron report correlation coefficients between their two Social Science Research Network (SSRN) school rankings (one based on downloads from SSRN and one based on the number of papers posted on SSRN) and six other published rankings. The correlations provide a useful and creative measure of consistency across studies. If ranking studies are highly correlated, then the least expensive and most efficient study to conduct can be used without incurring the expense and delay of the more labor-intensive ranking methods. SSRN has a …
Legal Positivism: Still Descriptive And Morally Neutral, Andrei Marmor
Legal Positivism: Still Descriptive And Morally Neutral, Andrei Marmor
Cornell Law Faculty Publications
It has become increasingly popular to argue that legal positivism is actually a normative theory, and that it cannot be purely descriptive and morally neutral as H.L.A. Hart has suggested. This article purports to disprove this line of thought. It argues that legal positivism is best understood as a descriptive, morally neutral, theory about the nature of law. The article distinguishes between five possible views about the relations between normative claims and legal positivism, arguing that some of them are not at odds with Hart’s thesis about the nature of jurisprudence, while the others are wrong, both as expositions of …