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Articles 1 - 14 of 14
Full-Text Articles in Law
The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory S. Alexander
The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory S. Alexander
Cornell Law Faculty Publications
Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. The purpose of this article is to illuminate, through a case-study, the contingent and ideological character of legal categories. It focuses on the development of trusts into and then as a discrete legal category during the period between the beginning of …
Employers As Junior Immigration Inspectors: The Impact Of The 1986 Immigration Reform And Control Act, Maurice A. Roberts, Stephen W. Yale-Loehr
Employers As Junior Immigration Inspectors: The Impact Of The 1986 Immigration Reform And Control Act, Maurice A. Roberts, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
The Immigration Reform and Control Act of 1986 (IRCA), also known as the Simpson-Rodino Act, is the most significant piece of immigration legislation in over thirty years. It radically revamps this already complicated area of law. Its impact on employers is particularly great, and can be seen in three ways. First, fines of up to $10,000 and even jail sentences can be imposed on businesses that knowingly hire undocumented aliens. Second, every employer must now verify and maintain records on the immigration and citizenship status of each prospective employee, even if the applicant is a U.S. citizen. Third, antidiscrimination provisions …
Procedure's Magical Number Three: Psychological Bases For Standards Of Decision, Kevin M. Clermont
Procedure's Magical Number Three: Psychological Bases For Standards Of Decision, Kevin M. Clermont
Cornell Law Faculty Publications
So many procedural doctrines appear, after research and teaching, to trifurcate. An obvious example is that kind of standard of decision known as the standard of proof: what in theory might have been a continuum of standards divides in practice into the three distinct standards of preponderance of the evidence, clear and convincing evidence, and proof beyond a reasonable doubt. Other examples suggest both that I am not imagining the prominence of three and that more than coincidence is at work.
Part I of this essay describes the role of the number three in procedure, with particular regard to standards …
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
The Reality Of Constitutional Tort Litigation, Theodore Eisenberg, Stewart J. Schwab
The Reality Of Constitutional Tort Litigation, Theodore Eisenberg, Stewart J. Schwab
Cornell Law Faculty Publications
Bankruptcy In The Administrative State, Theodore Eisenberg
Bankruptcy In The Administrative State, Theodore Eisenberg
Cornell Law Faculty Publications
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
The Concept Of A Restatement Of The Law Governing Lawyers, Charles W. Wolfram
The Concept Of A Restatement Of The Law Governing Lawyers, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
The Free Rider Rationale And Vertical Restraints Analysis Reconsidered, George A. Hay
The Free Rider Rationale And Vertical Restraints Analysis Reconsidered, George A. Hay
Cornell Law Faculty Publications
No abstract provided.
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Cornell Law Faculty Publications
Foreign Farm Workers In The U.S.: The Impact Of The Immigration Reform And Control Act Of 1986, Stephen W. Yale-Loehr
Foreign Farm Workers In The U.S.: The Impact Of The Immigration Reform And Control Act Of 1986, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
The enactment of the Immigration Reform and Control Act of 1986 ("IRCA"), popularly known as the Simpson-Rodino Act, was in large part spurred by Congressional desire to exercise more effective control over the influx of foreign farm workers in this country. This is not a new issue; the U.S. has admitted temporary foreign agricultural workers since 1917, and their entry has always been the subject of heated debate. Between 1942 and 1964 the "bracero" program allowed Mexicans to work temporarily in U.S. agriculture, but this program resulted in massive civil rights and labor violations and depressed wages in the Southwest. …
Demystifying Legal Scholarship, Roger C. Cramton
Demystifying Legal Scholarship, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Beyond The Ordinary Religion, Roger C. Cramton
Beyond The Ordinary Religion, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Tribute To Professor Robert Liberman, Robert B. Kent
Tribute To Professor Robert Liberman, Robert B. Kent
Cornell Law Faculty Publications
No abstract provided.