Law Commons^™

Conduct And Belief In The Free Exercise Clause: Developments And Deviations In Lyng V. Northwest Indian Cemetery Protective Association , J. Brett Pritchard

Cornell Law Review

No abstract provided.

First-Party Insurance Externality: An Economic Justification For Enterprise Liability , Jon D. Hanson, Kyle D. Logue

Cornell Law Review

No abstract provided.

Role Of Reliance In Contract Damages , W. David Slawson

Cornell Law Review

No abstract provided.

Aids And Rape: The Constitutional Dimensions Of Mandatory Testing Of Sex Offenders , David Kennon Moody

Cornell Law Review

No abstract provided.

Challenging The Challenge: Thirteenth Amendment As A Prohibition Against The Racial Use Of Peremptory Challenges , Douglas L. Colbert

Cornell Law Review

No abstract provided.

Law And The Media: An Overview And Introduction, Valerie P. Hans

Cornell Law Faculty Publications

Although occasional articles on law and the media have been published in Law and Human Behavior, this special issue is the first collection of articles on the topic to appear in the journal. By publishing some of the most recent work on issues in law and the media, we hope to draw the attention of psycholegal scholars to questions in this fertile research area that deserve theoretical and empirical study.

Law and the media have become inescapably intertwined. Because a relatively small proportion of the public has direct experience with the justice system, public knowledge and views of law …

Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf

Cornell Law Faculty Publications

This article focuses on one important aspect of the quest for constitutional meaning: how to determine whether a particular liberty-whether or not expressly enumerated in the Bill of Rights-is a "fundamental" right. Whether under the somewhat tarnished banner of substantive due process or under a different rubric, the designation of a right as fundamental requires that the state offer a compelling justification for limitations of that right. In addition, under the Equal Protection Clause of the Fourteenth Amendment, state-sanctioned inequalities that bear upon the exercise of a fundamental right will be upheld only if they serve a compelling governmental interest. …

Prices Of Rights: Toward A Positive Theory Of Unconstitutional Conditions , Lynn A. Baker

Cornell Law Review

No abstract provided.

Dangers Of Political Law , Orrin G. Hatch

Cornell Law Review

No abstract provided.

Decline Of The Right Of Locomotion: The Fourth Amendment On The Streets , Tracey Maclin

Cornell Law Review

No abstract provided.

Battered Women Suing Police For Failure To Intervene: Viable Legal Avenues After Deshaney V. Winnibago County Department Of Social Services , Laura S. Harper

Cornell Law Review

No abstract provided.

Denial Of Due Process: The Unrecognized Right To An Attorney For Jeopardy Assessed Taxpayers , Karen M. Streisfeld

Cornell Law Review

No abstract provided.

Talking About Difference: Meanings And Metaphors Of Individuality, Gregory S. Alexander

Cornell Law Faculty Publications

This paper discusses the relationship between communitarianism and difference theory. Specifically, it focuses on the rhetorical practices that have created an apparent conflict between difference theory and communitarianism. My purpose is to suggest why this conflict dissolves when community and difference are understood as strategic rhetorics that share a common political vision.

Fear And Loathing And The Forfeiture Laws , Micheal Schecter

Cornell Law Review

No abstract provided.

Empiricism In Bankruptcy , Robert A. Hillman

Cornell Law Review

No abstract provided.

Dialogue About The Doctrine Of Consideration , James D. Gordon Iii

Cornell Law Review

No abstract provided.

Fetal Protection Policies: A Statutory Proposal In The Wake Of International Union Uaw V. Johnson Controls Inc. , Pendleton Elizabeth Hamlet

Cornell Law Review

No abstract provided.

Stock Exchange As A Firm: The Emergence Of Close Substitutes For The New York And Tokyo Stock Exchanges , Jonathan Macey, Hideki Kanda

Cornell Law Review

No abstract provided.

Private Motivation State Action And The Allocation Of Responsibility For Fourteenth Amendment Violations , Barbara Rook Snyder

Cornell Law Review

No abstract provided.

Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

The Changing Face Of Retroactivity, John H. Blume, William Pratt

Cornell Law Faculty Publications

Teague v. Lane marked, in the eyes of many, an attempt by the United States Supreme Court to judicially limit the scope of federal habeas corpus review. In Teague, a plurality of the Court held that new rules of criminal procedure do not apply retroactively to cases which have already become final on direct review at the time the new rule is decided. Thus, in most cases, a petitioner in collateral proceedings will not receive the benefit of any new rules decided after his conviction is affirmed on direct appeal and the United States Supreme Court denies certiorari. Moreover, …

Process Norms In Products Litigation: Liability For Allergic Reactions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Testing The Selection Effect: A New Theoretical Framework With Empirical Tests, Theodore Eisenberg

Cornell Law Faculty Publications

Recent law and economics scholarship has produced much theoretical and empirical work on how and why legal disputes are settled and litigated. One of the most significant developments in this literature, attributable to the work of William Baxter and the combined efforts of George Priest and Benjamin Klein, has been the formation of a theory about both the selection of disputes for trial and the rates of success that plaintiffs enjoy for those cases that are resolved at trial. The basic theory contains two components. The selection effect refers to the proposition that the selection of tried cases is not …

Closed Minds And American Law Schools , Steven Lubet

Cornell Law Review

No abstract provided.

Marginal Utility And The Coase Theorem , Herbert Hovenkamp

Cornell Law Review

No abstract provided.

Macey Responds To Lubet , Jonathan R. Macey

Cornell Law Review

No abstract provided.

Beyond Skepticism Foundationalism And The New Fuzziness: The Role Of Wide Reflective Equilibrium In Legal Theory , Robert Justin Lipkin

Cornell Law Review

No abstract provided.

Jurisprudence And Judicial Treatment Of The Comments To The Uniform Commercial Code , Sean Michael Hannaway

Cornell Law Review

No abstract provided.

Privatizing Federal Low Income Housing Assistance: The Case Of Public Housing , Michael H. Schill

Cornell Law Review

No abstract provided.

Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …