Law Commons^™

Remoteness Doctrine: A Rational Limit On Tort Law, Victor E. Schwartz

Cornell Journal of Law and Public Policy

No abstract provided.

Third Wave Of Federal Tort Reform: Protecting The Public Or Pushing The Constitutional Envelope, Perry H. Apelbaum, Samara T. Ryder

Cornell Journal of Law and Public Policy

No abstract provided.

Reflections On The Rule Of Law And Clear Reflection Of Income: What Constrains Discretion, Edward A. Morse

Cornell Journal of Law and Public Policy

No abstract provided.

Legal Rules And Social Reform, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Should Progressives Support The Constitution?, Steven H. Shiffrin

Cornell Law Faculty Publications

In the closing pages of Constitutional Faith Sanford Levinson asks himself whether he would have signed the Constitution in Philadelphia, warts and all. He concludes that he would have joined the signers primarily because of a progressive faith that the evils of the Constitution would erode with time. So too, Levinson's frequent co-author J.M. Balkin, asks in the midst of a symposium on fidelity in constitutional theory, whether the present Constitution deserves our fidelity. Balkin does not deny the presence of sanctioned evil under our Constitution. He suggests, for example, that the Constitution fails to protect the poor. In so …

The Employment Contract, Ian Ayres, Stewart J. Schwab

Cornell Law Faculty Publications

This article consists of Professors Ian Ayres and Stewart Schwab 's presentation given at the Economic Analysis of State Employment Law Issues Symposium. Following the presentation, audience members and the presenters participated in a discussion concerning employment contracts. The Journal staff and Professors Ayres and Schwab compiled and edited some of these questions and responses.

Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky

Cornell Law Faculty Publications

No abstract provided.

Regulating In Foresight Versus Judging Liability In Hindsight: The Case Of Tobacco, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Potentially dangerous products, such as cigarettes, can be regulated through ex post liability or ex ante regulation. Both systems should reach the same result. In practice, however, cognitive biases that influence the liability system can produce incentives to take an excess of precautions. In particular, because people tend to see past events as more predictable than they really were, judges and juries will tend to find defendants who took reasonable care negligent or even reckless. As a consequence of these biases, a liability system can be more expensive than a regulatory system, both to potential defendants and to society. Cognitive …

Product Design Liability In Orgeon And The New Restatement, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Casting A New Light On Tribal Casino Gaming: Why Congress Should Curtail The Scope Of High Stakes Indian Gaming , Nicholas S. Goldin

Cornell Law Review

No abstract provided.

Cooperation In International Bankruptcy: A Post-Universalist Approach , Lynn M. Lopucki

Cornell Law Review

No abstract provided.

Judicial Politics, Death Penalty Appeals, And Case Selection: An Empirical Study, John H. Blume, Theodore Eisenberg

Cornell Law Faculty Publications

Several studies try to explain case outcomes based on the politics of judicial selection methods. Scholars usually hypothesize that judges selected by partisan popular elections are subject to greater political pressure in deciding cases than are other judges. No class of cases seems more amenable to such analysis than death penalty cases. No study, however, accounts both for judicial politics and case selection, the process through which cases are selected for death penalty litigation. Yet, the case selection process cannot be ignored because it yields a set of cases for adjudication that is far from a random selection of cases. …

Lowest Form Of Animal Life?: Supreme Court Clerks And Supreme Court History , David J. Garrow

Cornell Law Review

No abstract provided.

Economic Theory Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine , Alan J. Messe

Cornell Law Review

No abstract provided.

Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone

Cornell Law Faculty Publications

Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light …

Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics Freedom And Legal Suppression Of Spanish , Drucilla Cornell, William W. Bratton

Cornell Law Review

No abstract provided.

Undergraduate Education In Legal Psychology, Solomon F. Fulero, Edith Greene, Valerie P. Hans, Michael T. Nietzel, Mark A. Small, Lawrence S. Wrightsman

Cornell Law Faculty Publications

The purpose of this article is to describe ways that legal psychology can be introduced into the undergraduate curriculum. The extent to which undergraduate "psychology and law" courses are currently part of the curriculum is described, and a model is proposed for coursework in a Psychology Department that might adequately reflect coverage of the legal area. The role of legal psychology in interdisciplinary programs and Criminal Justice departments is discussed. Sources for teaching aids and curricular materials are described.

Prospects For Asset Securitization Within China’S Legal Framework: The Two-Tiered Model, Kevin T. S. Kong

Cornell International Law Journal

No abstract provided.

Banking In North America: The Triumph Of Public Choice Over Public Policy, Eric J. Gouvin

Cornell International Law Journal

No abstract provided.

Secured Transactions Inside Out: Negative Pledge Covenants Property And Perfection , Carl S. Bjerre

Cornell Law Review

No abstract provided.

Secured Credit And Software Financing , Ronald J. Mann

Cornell Law Review

No abstract provided.

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Why The Law Hates Speculators: Regulation And Private Ordering In The Market For Otc Derivatives, Lynn A. Stout

Cornell Law Faculty Publications

A wide variety of statutory and common law doctrines in American law evidence hostility towards speculation. Conventional economic theory, however, generally views speculation as an efficient form of trading that shifts risk to those who can bear it most easily and improves the accuracy of market prices. This Article reconciles the apparent conflict between legal tradition and economic theory by explaining why some forms of speculative trading may be inefficient. It presents a heterogeneous expectations model of speculative trading that offers important insights into antispeculation laws in general, and the ongoing debate concerning over-the-counter (OTC) derivatives in particular.

Although trading …

Educational Choice New York City Style: A Study Of The New York City School Choice Programs, Mitchell Edwards

Cornell Journal of Law and Public Policy

No abstract provided.

Judicial Decisionmaking In Federal Products Liability Cases, 1978-1997, Theodore Eisenberg

Cornell Law Faculty Publications

In 1992, Professor James Henderson and I wrote that, throughout the 1980s, a quiet, pro-defendant revolution in products liability had occurred. That revolution was likely largely the product of a "widespread, independent shift in judicial attitudes." It was not discernable in cases tried before juries. The federal data used in that study were available through 1989. Also in 1992, using the same database, Professor Kevin Clermont and I wrote about the surprising relation between plaintiff win rates in judge and jury trials in products liability cases. Plaintiffs prevailed at a higher rate before judges than they did before juries. Comparable …

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman

Cornell Law Faculty Publications

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of judges …

Closing One Gap But Opening Another?: A Response To Dean Perritt And Comments On The Internet, Law Schools, And Legal Education, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Content And Quality Of Legal Information And Data On The Internet With A Special Focus On The United States, Claire M. Germain

Cornell Law Faculty Publications

In the United States today, digital versions of current decisions, bills, statutes and regulations issued by federal and state governments are widely available on publicly accessible Web sites. Worldwide, official (defined as “authoritative,” or “the official” word of the law) legal information issued by international organizations and foreign governments is also becoming available on the Web. However, there are currently no standards for the production and authentication of digital documents. Moreover, the information is sometimes available only for a short time and then disappears from the site. No guidelines exist either to promote a uniform way to cite to digital …

Reproduction Is Not A Major Life Activity: Implications For Hiv Infection As A Per Se Disability Under The Americans With Disabilities Act , Timothy D. Johnston

Cornell Law Review

No abstract provided.

A Call For The Codification Of The Unocal Doctrine, David I. Becker

Cornell International Law Journal

No abstract provided.