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Articles 1 - 18 of 18
Full-Text Articles in Law
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Cornell Law Faculty Publications
We are a society of groups. De Tocqueville's observation that the principle of association shapes American society remains as valid today as it was in the mid-nineteenth century. For us, as for others, the vita activa is participation in a seemingly limitless variety of groups. The importance of group activity in our national character has strongly influenced the agenda of political questions that recur in American political and legal theory. One of the fundamental normative questions on this agenda concerns the proper relationship between groups and the polity. To what extent should the polity foster connections between associations and the …
The Jury's Response To Business And Corporate Wrongdoing, Valerie P. Hans
The Jury's Response To Business And Corporate Wrongdoing, Valerie P. Hans
Cornell Law Faculty Publications
Some of the most vociferous criticisms of the jury relate to its performance in cases involving business and corporate wrongdoing. The jury's competence in such cases is assaulted on a variety of fronts. Critics question the jury's factfinding ability in cases with business and corporate parties, and doubt whether lay jurors can understand the often complex and esoteric evidence of business wrongdoing. Others claim that bias and prejudice, rather than evidence, determine jury decisions about businesses and corporations. The presumed biases cut both ways. The generally positive regard in which the public holds business is credited with creating leniency toward …
Moving Into Management From Within, Claire M. Germain
Moving Into Management From Within, Claire M. Germain
Cornell Law Faculty Publications
In law libraries as in other organizations, employees are promoted into management positions within the existing staff. Ms. Germain discusses models for internal career advancement and provides practical advice for newly promoted managers.
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Cornell Law Faculty Publications
No abstract provided.
Responses To Corporate Versus Individual Wrongdoing, Valerie P. Hans, M. David Ermann
Responses To Corporate Versus Individual Wrongdoing, Valerie P. Hans, M. David Ermann
Cornell Law Faculty Publications
For many years, researchers assumed that the public was indifferent to corporate wrongdoing, but recent surveys have discovered evidence to the contrary. Taking insights from these data a step further, this study employed an experimental design to examine whether people responded differently to corporate versus individual wrongdoers. We varied the identity of the central actor in a scenario involving harm to workers. Half the respondents were informed that a corporation caused the harm; the remainder were told that an individual did so. Respondents applied a higher standard of responsibility to the corporate actor. For identical actions, the corporation was judged …
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Let's Re-Do Runyon: Questions To Guide Justice White; Response, Theodore Eisenberg
Let's Re-Do Runyon: Questions To Guide Justice White; Response, Theodore Eisenberg
Cornell Law Faculty Publications
What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab
What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab
Cornell Law Faculty Publications
Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …
Litigation Models And Trial Outcomes In Civil Rights And Prisoner Cases, Theodore Eisenberg
Litigation Models And Trial Outcomes In Civil Rights And Prisoner Cases, Theodore Eisenberg
Cornell Law Faculty Publications
In ideal circumstances, court cases are won or lost on their merits. But litigation does not proceed free from external social factors or from the characteristics of the participants. Factors other than the merits of cases, therefore, may help explain litigation outcomes and selection of disputes for trial. Possible factors include judge or jury bias, regional influence, the type of case, the quality of counsel, and the nature and resources of plaintiffs and defendants.
This Article uses both impressionistic conjecture about litigation and formal litigation theory to develop and test hypotheses about factors affecting outcomes in civil rights and prisoner …
Statutory Interpretation And The Balance Of Power In The Administrative State, Cynthia R. Farina
Statutory Interpretation And The Balance Of Power In The Administrative State, Cynthia R. Farina
Cornell Law Faculty Publications
The Changing Legal Profession, Roger C. Cramton
The Changing Legal Profession, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
How Separation Of Powers Protects Individual Liberties, Cynthia R. Farina
How Separation Of Powers Protects Individual Liberties, Cynthia R. Farina
Cornell Law Faculty Publications
No abstract provided.
Commentary On “On The Nature Of Bankruptcy”: Bankruptcy And Bargaining, Theodore Eisenberg
Commentary On “On The Nature Of Bankruptcy”: Bankruptcy And Bargaining, Theodore Eisenberg
Cornell Law Faculty Publications
At a conference on bargaining, it should not be surprising that there is more than one perspective on the relationship between bankruptcy and bargaining. Dean Jackson and Professor Scott's article emphasizes a hypothetical bargain to be struck by idealized participants in a firm. It explores the relationship between bankruptcy and that bargain. By imagining what that bargain would look like, Jackson and Scott construct new justifications for bankruptcy law's distributional rules. Such a theory, however, is subject to reservations about the depth of insight that can be gained from examination of purely theoretical bargains. Stripped of real-world characteristics, hypothetical bargains …
The Vienna Sales Convention 1980 And The Hague Uniform Laws On International Sale Of Goods 1964: A Comparative Analysis, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.
The Lawyer’S Professional Independence: Memories, Aspirations, And Realities, Roger C. Cramton
The Lawyer’S Professional Independence: Memories, Aspirations, And Realities, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Bowen V. Massachusetts: The "Money Damages Exception" To The Administrative Procedure Act And Grant-In-Aid Litigation, Cynthia Grant Bowman
Bowen V. Massachusetts: The "Money Damages Exception" To The Administrative Procedure Act And Grant-In-Aid Litigation, Cynthia Grant Bowman
Cornell Law Faculty Publications
No abstract provided.
Constructive Trusts In Bankruptcy, Emily Sherwin
Constructive Trusts In Bankruptcy, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Racial Discrimination In The State's Use Of Peremptory Challenges: The Application Of The United States Supreme Court's Decision In Batson V. Kentucky In South Carolina, John H. Blume
Cornell Law Faculty Publications
Some one hundred and six years before the United States Supreme Court's 1986 decision in Batson v. Kentucky the Court ruled that a black person is denied the equal protection of the laws when the State seeks to convict him of a criminal offense in a proceeding in which members of his race have been excluded from serving on the jury. From this straightforward and common-sense beginning, the Court stumbled and lurched for more than a century before arriving at another equally straightforward and common-sense decision in Batson. The purpose of this article is to examine the Supreme Court's …