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Articles 1 - 16 of 16
Full-Text Articles in Law
Modern Evidence And The Expert Witness, Faust Rossi
Modern Evidence And The Expert Witness, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
The Jury's Political Role: "To See With Their Own Eyes", Valerie P. Hans
The Jury's Political Role: "To See With Their Own Eyes", Valerie P. Hans
Cornell Law Faculty Publications
Under what circumstances, if any, is it right for juries to ignore the dictates of law in arriving at their verdicts? The political role of the jury has come into the spotlight recently. Legal scholars have labeled as "jury nullification" the refusal of juries to apply the law when they believe that to follow the letter of the law would result in injustice. Jury nullification is actually a form of jury equity, the practice of deciding cases in line with community notions of justice and fairness.
On May 17, 1985, a jury acquitted eight anti-apartheid demonstrators charged with trespassing at …
Faculty-Edited Law Reviews: Yes -- A Statement By Roger C. Cramton, Roger C. Cramton
Faculty-Edited Law Reviews: Yes -- A Statement By Roger C. Cramton, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Vertical Restraints, George A. Hay
Vertical Restraints, George A. Hay
Cornell Law Faculty Publications
No abstract provided.
Black Innocence And The White Jury, Sheri Johnson
Black Innocence And The White Jury, Sheri Johnson
Cornell Law Faculty Publications
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
The Undersecured Creditor In Reorganizations And The Nature Of Security, Theodore Eisenberg
The Undersecured Creditor In Reorganizations And The Nature Of Security, Theodore Eisenberg
Cornell Law Faculty Publications
The Dead Hand And The Law Of Trusts In The Nineteenth Century, Gregory S. Alexander
The Dead Hand And The Law Of Trusts In The Nineteenth Century, Gregory S. Alexander
Cornell Law Faculty Publications
This article discusses a basic paradox at the core of liberal property law. Individual freedom to dispose of consolidated bundles of rights cannot simultaneously be allowed and fully maintained. If the donor of a property interest tries to restrict the donee's freedom to dispose of that interest, the legal system, in deciding whether to enforce or void that restriction, must resolve whose freedom it will protect, that of the donor or that of the donee. Although post-realist American property lawyers acknowledge this conflict, at least nominally, it did not emerge in legal consciousness in so starkly visible a form until …
Vertical Restraints After Monsanto, George A. Hay
Vertical Restraints After Monsanto, George A. Hay
Cornell Law Faculty Publications
The decision in Monsanto Co. v. Spray-Rite Service Corp. represents the Supreme Court's latest effort to articulate the standards governing vertical restraints of trade under the United States anti-trust law. It is unlikely that this will be the last time the Court addresses this topic. Notwithstanding the many Supreme Court decisions in this area, several issues remain unresolved. Indeed, Monsanto may have created (or resurrected) as many new questions as it answered, a phenomenon characteristic of most prior opinions in this area.
At least part of the reason for this unsettled state is that, from the outset, the Supreme Court …
Some Considerations Which May Lead Lawmakers To Modify A Policy When Adopting It As Law, Robert S. Summers
Some Considerations Which May Lead Lawmakers To Modify A Policy When Adopting It As Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Ethical Dilemmas Facing Today's Lawyer, Roger C. Cramton
Ethical Dilemmas Facing Today's Lawyer, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Anti-Trust And Economic Theory: Some Observations From The Us Experience, George A. Hay
Anti-Trust And Economic Theory: Some Observations From The Us Experience, George A. Hay
Cornell Law Faculty Publications
Recent developments in US anti-trust can be characterised as reflecting the uneasy interaction of two quite separate phenomena: first, the increased emphasis on economic analysis as the overriding organising principle of anti-trust policy and on economic efficiency as the primary (perhaps only) relevant goal for anti-trust; second, the long-standing reluctance of the federal judiciary to involve itself in any substantive economic analysis, and the preference, instead, for simple rules of thumb or ‘pigeon holes’ to sort out lawful from unlawful conduct. The result has been that while economics has played a major role, it has not influenced American anti-trust as …
The Role Of History In Constitutional Interpretation: A Case Study, Gary J. Simson
The Role Of History In Constitutional Interpretation: A Case Study, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
The Trouble With Lawyers (And Law Schools), Roger C. Cramton
The Trouble With Lawyers (And Law Schools), Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Foreign Experiences Toward The Development Of A National Legal Information Center, Claire M. Germain
Foreign Experiences Toward The Development Of A National Legal Information Center, Claire M. Germain
Cornell Law Faculty Publications
This comparative study discusses whether selected foreign countries--Canada, the United Kingdom, France, and the Federal Republic of Germany--have a history of a movement toward the establishment of a national information center. The author examines the development of existing law libraries and libraries with large legal collections, analyzes the role played by the national library of each country, and describes some cooperative accomplishments at the regional and national level. Comparisons are drawn with what is expected of a national legal information center in the United States.
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin
Cornell Law Faculty Publications
Correspondence provoked by the publication of Dean Paul D. Carrington's article, "Of Law and the River," 34 J. Legal Educ. 222 (1984).
Legal Education In Zambia: Pedagogical Issues, Muna Ndulo
Legal Education In Zambia: Pedagogical Issues, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.