Law Commons^™

Constitutional Change And International Government, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii

Faculty Publications

On April 6, 2001, the U.S. Sentencing Commission approved a group of amendments to guidelines governing the sentencing of economic crimes. These measures, collectively known to as the “economic crime package,” are the culmination of some six years of deliberations by both the Conaboy and Murphy Sentencing Commissions working together with interested outside groups such as the defense bar, the Justice Department, probation officers, and the Criminal Law Committee of the U.S. Judicial Conference, The package contains three basic components. First, the now-separate theft and fraud guidelines, Sections 2B1.1 and 2F1.1, will be consolidated into a single guideline. Second, the …

Globalization And The Reproduction Of Hierarchy, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii

Faculty Publications

On October 12-13, 2000, the U.S. Sentencing Commission sponsored its Third Symposium On Crime and Punishment in the United States: Federal Sentencing Policy for Economic Crimes and New Technology Offenses. The afternoon of the first day of the meeting was devoted to discussing the concept of “loss” as a measurement of defendant culpability and offense seriousness. The conferees were divided into small groups to discuss discrete sub-issues relating to “loss” and its place in sentencing economic crimes under the Guidelines. Following the small group discussions, the discussion leaders (“facilitators”) addressed a plenary session of the conference to report on the …

Chronic And Emerging Water Issues In The South Platte/Front Range Corridor, James S. Lochhead

Water and Growth in the West (Summer Conference, June 7-9)

16 pages.

Issues Associated With New Developments And Transfers: A West Slope Perspective, Eric Kuhn

Water and Growth in the West (Summer Conference, June 7-9)

8 pages.

The Water Development-Growth Relationship: Case Studies, Edward F. Harvey

Water and Growth in the West (Summer Conference, June 7-9)

7 pages.

Municipal Demands As The Stimulus For Innovation: Tales From The Lower Colorado River Basin, Jerome C. Muys

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.

Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.

The "New" Law And Psychology: A Reply To Critics, Skeptics, And Cautious Supporters, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Publish Or Perish, Gideon Parchomovsky

All Faculty Scholarship

No abstract provided.

Copyright And Democracy: A Cautionary Note, Christopher S. Yoo

All Faculty Scholarship

Democratic theories of copyright have become quite the rage in recent years. A growing number of commentators have offered their views on the relationship between copyright law and the process of self-governance.' No scholar has been more committed to developing this perspective than Neil Netanel. In an important series of articles, Netanel has pursued a powerful and innovative project that attempts to reexamine copyright through the lens of democratic theory. His core concern is that the concentration of private wealth and power in communications and mass media is creating unprecedented disparities in the ability to be heard. The ""speech hierarchy"" …

Analyzing Bank Drafted Letter Of Credit Rules, The International Standby Practice (Isp98), John F. Dolan

Law Faculty Research Publications

No abstract provided.

The Future Debate On Multidisciplinary Practice In The United States, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Talisman Energy, Sudan, And Corporate Social Responsibility, Chios Carmody

Law Publications

No abstract provided.

Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil

LLM Theses and Essays

This thesis is an effort to evaluate the structural changes that have taken place in the securities market of the United States and its impact on securities disclosure regime mandated by the Federal Securities Act. Part 2 of the thesis discusses the securities disclosure regime and its underlying economic theories. This part also traces the challenges posed by technology and takes a quick look at the argument that the traditional norms are incompatible in dealing with those challenges. Part 3 deals primarily with structural developments in the securities market over the past five years by examining some of the innovative …

The Problem With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard Parker

Faculty Articles and Papers

No abstract provided.

Hidden Economy Of The Unconscious, The, Anne Dailey

Faculty Articles and Papers

No abstract provided.

On The Cost- Effectiveness Of Economic Sanctions, Richard Parker

Faculty Articles and Papers

For over one hundred years, the attraction of economic sanctions as a middle path between talk and violence has prompted the use of sanctions for a wide variety of purposes ranging from weakening adversaries, toppling governments, and promoting human rights to opening foreign markets, promoting intellectual property, and protecting the global environment.

In recent years, however, economic sanctions have been subjected to stricter scrutiny than ever before, due to a sustained media and lobbying blitz by the U.S. business community under the banner of "USA*Engage." The campaign, begun in 1997, has produced a deluge of newspaper editorials and stories, virtually …

Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber

All Faculty Scholarship

No abstract provided.

Employment Discrimination, Stewart J. Schwab

Cornell Law Faculty Publications

This article first parses the multiple overlapping definitions of discrimination, including distinctions between group and individual discrimination and between segregation and discrimination in pay. The article then summarizes the major economic models of discrimination, particularly Becker’s taste-for-discrimination model and statistical-discrimination models, as well as sorting the status-production models. The discussion focuses on the conditions under which markets will tend to eliminate discrimination, noting that this occurs in a more limited range of situations than commonly recognized. The article next surveys the economic role of anti-discrimination laws, evaluating arguments that the law speeds the journey to a non-discriminatory equilibrium and that …

Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

A Judicious Solution: The Criminal Law Committee Draft Redefinition Of The Loss Concept In Economic Crime Sentencing, Frank O. Bowman Iii

Faculty Publications

In December 1999, the United States Sentencing Commission (Commission), an institution that had been in suspended animation for over a year with all seven voting seats vacant, fluttered its eyelids and came back to life. An agreement between the Senate and the White House produced seven new Commissioners: five sitting federal judges, the former General Counsel of the Commission, and a law professor. The new group began work immediately, making itself accessible in meetings with lawyers and judges around the country, exuding an air of intelligence and collegiality, and dispensing in short order with a backlog of amendments to the …

Vern Countryman And The Path Of Progressive (And Populist) Bankruptcy Scholarship, David A. Skeel Jr.

All Faculty Scholarship

Throughout the 1960s and 1970s, Vern Countryman was the leading progressive bankruptcy scholar - and in fact the leading bankruptcy scholar of any perspective. This article explores the links between Countryman's work and that of his New Deal predecessors, on the one hand, and his successors, on the other. In addition to Countryman himself, the article focuses on William Douglas, who was Countryman's predecessor and mentor, as well as being the leading bankruptcy scholar of the New Deal. Among Countryman's successors, the article focuses on the work of Elizabeth Warren, Countryman's successor at Harvard Law School and the nation's leading …

Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

The Limits Of Behavioral Decision Theory In Legal Analysis: The Case Of Liquidated Damages, Robert A. Hillman

Cornell Law Faculty Publications

Discontent with the apparent tunnel vision of economic analysis of law's rational choice theory, legal scholars recently have turned with enthusiasm to "behavioral decision theory" (BDT) to enrich their understanding of how people make decisions and of the law's effect on human behavior. This article, for the first time, evaluates BDT's potential contribution to legal analysis by focusing on a single, important legal paradox: Despite contract law's freedom of contract paradigm, courts actively and enthusiastically police agreed damages provisions. Although the article finds an important place in legal analysis for this new discipline, the article raises and discusses several obstacles …

The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli

Scholarly Works

No abstract provided.

Subsidized Lives And The Ideology Of Efficiency, Martha T. Mccluskey

Journal Articles

No abstract provided.

"Externalities And Other Parasites." Review Of The Strategic Constitution, By R. D. Cooter, And Constitutional Democracy, By D. C. Mueller, Donald J. Herzog

Reviews

I shall argue that despite the occasional and charmingly belligerent pose struck by some economists of offering a superior alternative to conventional moral and political theory, economics is covertly parasitic on that theory. I begin in Part I by describing some of the core features of economic analysis and by disclosing my own sentiments about that analysis. The description will be terse, the disclosure partial. My aim is to identify, but certainly not pretend to resolve, some thorny methodological issues that surface in these two books. As for the disclosure, well, even if full disclosure were possible, which I doubt, …