Law Commons^™

Design Defect Litigation Revisited, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Judicial Review Of Medical Treatment Programs, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Legal Lore - People V. Kief: A Sharp Quillet Of The Law, W. David Curtiss

Cornell Law Faculty Publications

No abstract provided.

The Task Ahead In Legal Services, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Application And Avoidance Of Foreign Law In The Law Of Conflicts: Variations On A Theme Of Alexander Nekam, Gregory S. Alexander

Cornell Law Faculty Publications

Lying at the heart of all conflicts theories is a recognition that the function of the law of conflicts is to ensure rational and just solutions to controversies involving foreign elements. A just and rational solution is one that somehow accommodates those elements. This does not mean that the foreign law must be applied but simply suggests that at least some attention should be paid to that law in the process of resolving disputes. From these relatively uncontroversial postulates, one moves to the more difficult problem of defining the role of foreign law in the conflicts setting.

Attention in this …

Disbarment In The United States: Who Shall Do The Noisome Work?, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Welfare Law: The Problem Of Terminology, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Lessons Of Watergate, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Evaluating And Improving Legal Processes – A Plea For “Process Values”, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

What Is The Public Interest? Who Represents It?, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

An Empirical Survey Of Price Fixing Conspiracies, George A. Hay, Daniel Kelley

Cornell Law Faculty Publications

This paper reports on a study of recent Antitrust Division horizontal price fixing cases. The objective of the study was to determine if there has been a specific set of characteristics associated with the product or product markets that have been the subjects of price fixing. If such a pattern exists, it might provide empirical insight into some aspects of oligopoly behavior. From a policy point of view, any pattern that is found could be used in a positive enforcement program designed to investigate the "most likely" areas of price fixing. Section I reviews the academic literature which has dealt …

Judicial Notice: An Exercise In Exorcism, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Federal Appellate Justice In 1973, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg

Cornell Law Faculty Publications

Separation of powers in the federal government inevitably generates conflicts among the branches. In recent years the executive branch's authority to impound funds appropriated by Congress and to make war without congressional approval has been questioned. In earlier days debate raged over the Supreme Court's authority to nullify legislation passed by Congress. A recurrent example of this phenomenon has been the struggle between Congress and the judiciary over the scope of congressional control of federal court jurisdiction. The recent controversy over school busing has highlighted this problem. The problem is, however, neither novel nor peculiar to the busing issue. In …

American Legal Education: An Agenda For Research And Reform, Barry B. Boyer, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Comment, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Judicial Review Of Manufacturers' Conscious Design Choices: The Limits Of Adjudication, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Import Controls On Foreign Oil: Reply, George A. Hay

Cornell Law Faculty Publications

The position of Ryan Amacher, Robert Tollison, and Thomas Willett (ATW) can be summarized as follows: Assuming that the domestic industry behaves like a profit-maximizing monopoly, if the quota on imported crude oil is replaced by a tariff that is by assumption set so as to achieve the same domestic price of crude oil, the market power of the dominant domestic firms is "severely constrained."

In response I would contend that 1) their assumption about the level of the tariff differs from what I had assumed; 2) their conclusion about the market power of the dominant firms is subject to …

The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin

Cornell Law Faculty Publications

There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided …

Citizen Suits In The Environmental Field – Peril Or Promise?, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Constitutional History Of The Seventh Amendment, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg

Cornell Law Faculty Publications

No abstract provided.

Achieving Prompt Criminal Trials In New York, W. David Curtiss

Cornell Law Faculty Publications

During the past two years there have been several significant developments in New York related to achieving prompt trials in criminal prosecutions. These developments, which include judicial decisions, administrative rules and legislative enactments, come into special focus when delay in the trial of criminal cases is attributable to calendar congestion and the need for additional personnel and facilities. This article will examine these decisions, rules and statutes, with particular reference to their relationship to basic principles of judicial administration.

Causes And Cures Of Administrative Delay, Roger C. Cramton

Cornell Law Faculty Publications

Although administrative agencies have been created to provide expeditious determinations of matters that courts and legislatures could not handle, delay still continues. Three basic methods of attacking the problem have been suggested – reduce the number of cases to be decided; increase the capacity of the system to decide the cases; and reduce the time required to decide individual cases.

Regulatory Structure And Regulatory Performance: A Critique Of The Ash Council Report, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

A Title Change For Federal Hearing Examiners? "A Rose By Any Other Name…”, Roger C. Cramton

Cornell Law Faculty Publications

Hearing examiners are a vital element in the federal administrative process. The quality of administrative justice, as perceived by the citizens who are affected by Government, is greatly influenced by their actions. Federal hearing examiners enjoy great respect in the agencies and from the bar due to their general high quality and excellent performance over the years. During the next quarter-century under the Administrative Procedure Act we can expect even larger accomplishments to flow from the men who hold this high office.

The Dynamics Of Firm Behavior Under Alternative Cost Structures, George A. Hay

Cornell Law Faculty Publications

A large and growing number of studies attempt to determine the important factors affecting firms' decisions with respect to price, output, and inventories. A striking feature of this literature is the embarrassingly large number of alternative models—all allegedly consistent with the principles of profit maximization—which are used to justify various reduced form or behavioral equations to be estimated with the appropriate firm or industry data.

It is rare, however, that the equations to be estimated are derived rigorously from the underlying model. Because of this, the restrictions placed on the equations to be estimated are often limited at worst to …

A Federal Ombudsman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

A Comment On Trial-Type Hearings In Nuclear Power Plant Siting, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Antidumping Laws As Barriers To Trade--The United States And The International Antidumping Code, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.