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Cornell University Law School

1998

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Articles 1 - 30 of 134

Full-Text Articles in Law

Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin Dec 1998

Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin

Cornell Law Faculty Publications

No abstract provided.


Saving Miranda , Charles D. Weisselberg Nov 1998

Saving Miranda , Charles D. Weisselberg

Cornell Law Review

No abstract provided.


Violence Against Women Act Of 1994: The Proper Federal Role In Policing Domestic Violence , David M. Fine Nov 1998

Violence Against Women Act Of 1994: The Proper Federal Role In Policing Domestic Violence , David M. Fine

Cornell Law Review

No abstract provided.


Pleading Scienter After The Private Securities Litigation Reform Act : Or A Textualist Revenge , Michael B. Dunn Nov 1998

Pleading Scienter After The Private Securities Litigation Reform Act : Or A Textualist Revenge , Michael B. Dunn

Cornell Law Review

No abstract provided.


Responding To A False Alarm: Federal Preemption Of State Securities Fraud Causes Of Action , Richard W. Painter Nov 1998

Responding To A False Alarm: Federal Preemption Of State Securities Fraud Causes Of Action , Richard W. Painter

Cornell Law Review

No abstract provided.


Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg Nov 1998

Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg

Cornell Law Faculty Publications

Professor Viscusi's article differs from the dominant mode of law and economics scholarship on punitive damages. The usual punitive damages article contains purely theoretical considerations about when punitive damages are appropriate and about their optimal level; no effort is made to ascertain whether the existing pattern of punitive awards corresponds with the theory. This is part of a larger problem: the dearth of empirical evidence in law and economics scholarship. Viscusi, on the other hand, provides empirical tests of whether punitive damages accomplish their goals, and he makes creative use of publicly available data sources. For the goal of ...


The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf Nov 1998

The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Grant Bowman, Elizabeth M. Schneider Nov 1998

Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Grant Bowman, Elizabeth M. Schneider

Cornell Law Faculty Publications

No abstract provided.


Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory C. Sisk, Michael Heise, Andrew P. Morriss Nov 1998

Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory C. Sisk, Michael Heise, Andrew P. Morriss

Cornell Law Faculty Publications

In 1988, hundreds of federal district judges were suddenly confronted with the need to render a decision on the constitutionality of the Sentencing Reform Act and the newly promulgated criminal Sentencing Guidelines. Never before has a question of such importance and involving such significant issues of constitutional law mandated the immediate and simultaneous attention of such a large segment of the federal trial bench. Accordingly, this event provides an archetypal model for exploring the influence of social background, ideology, judicial role and institution, and other factors on judicial decisionmaking. Based upon a unique set of written decisions involving an identical ...


Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles Nov 1998

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Cornell Law Faculty Publications

No abstract provided.


Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden Nov 1998

Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Faculty Publications



The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb Nov 1998

The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb

Cornell Law Faculty Publications

Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not ...


Contents Of Legal Information On The Internet: U.S. Perspectives, Claire M. Germain Oct 1998

Contents Of Legal Information On The Internet: U.S. Perspectives, Claire M. Germain

Cornell Law Faculty Working Papers

This article examines the contents of legal data and information on the Internet, with a special focus on the United States. It then evaluates the quality of the data, its impact on legal research and access to legal information, and addresses some issues raised by the digital medium, such as its reliability and permanent access concerns.


Endangered Species Act And Private Property: A Matter Of Timing And Location, J. B. Ruhl Oct 1998

Endangered Species Act And Private Property: A Matter Of Timing And Location, J. B. Ruhl

Cornell Journal of Law and Public Policy

No abstract provided.


Facts Are Stubborn Things: An Empirical Reality Check In The Theoretical Debate Over The Race-To-The-Bottom In State Environmental Standard-Setting, Scott R. Saleska, Kirsten H. Engel Oct 1998

Facts Are Stubborn Things: An Empirical Reality Check In The Theoretical Debate Over The Race-To-The-Bottom In State Environmental Standard-Setting, Scott R. Saleska, Kirsten H. Engel

Cornell Journal of Law and Public Policy

No abstract provided.


Revisiting De Jure Educational Segregation: Legal Barriers To School Attendance For Children With Special Health Care Needs, Alison Nodvin Barkoff Oct 1998

Revisiting De Jure Educational Segregation: Legal Barriers To School Attendance For Children With Special Health Care Needs, Alison Nodvin Barkoff

Cornell Journal of Law and Public Policy

No abstract provided.


Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski Oct 1998

Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski

Cornell Journal of Law and Public Policy

No abstract provided.


Free Market Environmentalism: Hindsight And Foresight, Terry L. Anderson, Donald R. Leal Oct 1998

Free Market Environmentalism: Hindsight And Foresight, Terry L. Anderson, Donald R. Leal

Cornell Journal of Law and Public Policy

No abstract provided.


Can The Common Law Survive In The Modern Statutory Environment, H. Marlow Green Oct 1998

Can The Common Law Survive In The Modern Statutory Environment, H. Marlow Green

Cornell Journal of Law and Public Policy

No abstract provided.


Undoing The New Deal Through The New Presidentialism, Cynthia R. Farina Oct 1998

Undoing The New Deal Through The New Presidentialism, Cynthia R. Farina

Cornell Law Faculty Publications


Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin Oct 1998

Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin

Cornell Law Faculty Publications

No abstract provided.


Death By Default: State Procedural Default Doctrine In Capital Cases, John H. Blume, Pamela A. Wilkins Oct 1998

Death By Default: State Procedural Default Doctrine In Capital Cases, John H. Blume, Pamela A. Wilkins

Cornell Law Faculty Publications

Before 1991, South Carolina capital defendants benefitted from lenient policies of error preservation. However, in 1991 the South Carolina Supreme Court put an end to these policies and began enforcing default rules that are more draconian than those of any other American jurisdiction with a death penalty. Furthermore, the South Carolina Supreme Court’s decisions have made it difficult for trial practitioners to discern the rules under which they must operate. Taken in combination, the strictness of the new procedural policy, the lack of clarity regarding the applicable rules, and the South Carolina Supreme Court’s often ad hoc approach ...


Justice Blackmun's Federal Tax Jurisprudence, Robert A. Green Oct 1998

Justice Blackmun's Federal Tax Jurisprudence, Robert A. Green

Cornell Law Faculty Publications

During his tenure on the Supreme Court, Justice Blackmun was widely regarded as the Court's authority on tax matters. Justice Blackmun viewed tax law not merely as a technical specialty, but as a microcosm of the legal system. His numerous tax opinions involve a wide range of issues of constitutional law, criminal law, administrative procedure, court procedure, and statutory interpretation. This Article begins by discussing two of Justice Blackmun's tax opinions involving constitutional issues. Justice Blackmun refused to create special constitutional rules for tax cases. Instead, he applied generally applicable principles, but with great sensitivity to how those ...


The Relevance Of Federal Norms For State Separation Of Powers, Michael C. Dorf Oct 1998

The Relevance Of Federal Norms For State Separation Of Powers, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver Oct 1998

Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver

Cornell Law Faculty Publications

The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on ...


Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey Oct 1998

Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey

Cornell Law Faculty Publications

The Capital Jury Project in South Carolina interviewed jurors who sat in forty-one capital murder cases. The Project asked jurors a range of questions relating to crime, the defendant, the victim, the victim's family, the jurors' deliberations, the conduct of counsel, and background characteristics of the jurors. In this essay, Professor Stephen P. Garvey presents and examines data from the Project relating to the importance jurors attach to various aggravating and mitigating factors. The results suggest that jurors have a discernible moral compass. According to the data, jurors found especially brutal killings, killings with child victims, future dangerousness, and ...


Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski Oct 1998

Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski

Cornell Law Faculty Publications



How Empirical Studies Can Affect Positively The Politics Of The Death Penalty, Ronald J. Tabak Sep 1998

How Empirical Studies Can Affect Positively The Politics Of The Death Penalty, Ronald J. Tabak

Cornell Law Review

No abstract provided.


Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby Sep 1998

Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Cornell Law Review

No abstract provided.


Update: American Public Opinion On The Death Penalty-It’S Getting Personal , Samuel R. Gross Sep 1998

Update: American Public Opinion On The Death Penalty-It’S Getting Personal , Samuel R. Gross

Cornell Law Review

No abstract provided.