Law Commons^™

Takings, Narratives, And Power, Gregory S. Alexander

Cornell Law Faculty Publications

"The Regulatory Takings Problem" is the title given to a story, or narrative, that has become prominent in the literature on just compensation issues. The story is one of power and fear. It is about a perceived imbalance of power between the two groups of actors involved in the process of public land-use regulation--private landowners and government regulators. It depicts scenarios of past or threatened abuse of power by local land-use regulators, and it looks to the takings clause generally and regulatory takings doctrine specifically as crucial corrective devices, essential to set the power imbalance aright. The dominant narrative describes …

The Crisis In Modern Contract Theory, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Reregulation, The Global Environment, And Ignorance Equals Pessimism: A Tory Perspective, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Excerpt From The Next Century: The Challenge -- A Panel Discussion, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

The Next Century: The Challenge, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.

Legal Implications Of Epilepsy, H. Richard Beresford

Cornell Law Faculty Publications

Physicians who care for patients with epilepsy may function as agents or targets of social control. As agents, they may assist in the identification and control of epileptic drivers, may provide information that enables fair and appropriate job placements for epileptic persons, and give testimony that helps the legal system resolve issues relating to the liability of epileptic persons for harm attributed to seizures or interictal behavioral disturbances. As targets, they may be charged with negligent failure to diagnose, treat, or inform about epilepsy or its associated problems, with failure to exercise due care in protecting persons harmed by their …

Freedom, Coercion, And The Law Of Servitudes, Gregory S. Alexander

Cornell Law Faculty Publications

What do we want from a restatement of servitude law? Doctrinal simplification presents one obvious objective. Property teachers and their students commonly observe that the law of servitudes is a mess. However, doctrinal simplification surely does not present the only objective of the restatement. Developing a unified body of servitude doctrine, by itself, merely creates a sense of aesthetic coherence. Presumably the project aims at achieving more than just that. Law reformers generally seek to enhance the legal system's substantive coherence. At this level--developing a set of substantively coherent doctrinal practices--I am skeptical about the servitude restatement project.

A restatement …

Library Costs As A Percentage Of Law School Budgets, Jane L. Hammond

Cornell Law Faculty Publications

For many years, the benchmark for the portion of the law school budget that goes to the law library has been twenty percent. An analysis of law school budgets for 1976-77, 1981-82, and 1986-87, however, shows that this benchmark should be lowered or modified by size of the law school.

A Coasean Experiment On Contract Presumptions, Stewart J. Schwab

Cornell Law Faculty Publications

Despite the theoretical importance of the Coase Theorem, scholars have given surprisingly little attention to verifying its predictions empirically. Supporters often accept the theorem as dogma, while armchair critics assail its assumptions. In an exciting series of recent articles, however, Elizabeth Hoffman and Matthew Spitzer have presented experimental evidence, as have others, that largely supports the Coasean prediction that bargainers will negotiate around inefficient property rights to reach a Pareto-optimal solution. The methodology has even gained sufficient attention to have its detractors.

The existing experiments analyze the results of bargains when one side has the power to impose unilaterally one …

Explaining Constitutional Tort Litigation: The Influence Of The Attorney Fees Statute And The Government As Defendant, Stewart J. Schwab, Theodore Eisenberg

Cornell Law Faculty Publications

No abstract provided.

The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

Creditors' Rights Against Participants In A Leveraged Buyout, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Sentencing The Mentally Retarded To Death: An Eighth Amendment Analysis, John H. Blume, David Bruck

Cornell Law Faculty Publications

Today, on death rows across the United States, sit a number of men with the minds of children. These people are mentally retarded. Typical of these individuals is Limmie Arthur, who currently is imprisoned at Central Correctional Institution in Columbia, South Carolina. Although Arthur is twenty-eight years old, all the mental health professionals who have evaluated him, including employees of the South Carolina Department of Corrections, agree he has the mental capacity of approximately a 10-year-old child. Arthur was convicted and sentenced to death for the murder of a neighbor. At his first trial, his court appointed attorneys did not …

Article 29(2) Of The United Nations Convention On Contracts For The International Sale Of Goods: A New Effort At Clarifying The Legal Effect Of "No Oral Modification" Clauses, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Single Firm Conduct, George A. Hay

Cornell Law Faculty Publications

My assignment is to discuss likely future developments involving single firm conduct. I will first discuss general trends and then move on to discuss some specific areas of the law. At the outset, however, I should remind the reader that what follows are predictions, not endorsements.

Geographic Market Definition In An International Context, George A. Hay, John C. Hilke, Philip B. Nelson

Cornell Law Faculty Publications

Market definition is generally regarded as a key step in antitrust analysis. Market definition has two components. Product market definition seeks to include all products that are meaningful substitutes. Geographic market definition seeks to incorporate all relevant sources of the product in question. This paper is concerned with geographic market definition and, in particular, how geographic markets are defined in situations where competition may, at least to some extent, transcend national boundaries.

The subject of the paper may be of some current interest for two reasons. First, the perception is widespread that, over the past twenty or so years, competition …

Looking Forward From The First 100 Years, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Justice Kelleher And The Constitutions, Robert B. Kent

Cornell Law Faculty Publications

No abstract provided.

The Direction Of Antitrust In The Decade Ahead: Some Predictions—Panel Discussion, Donald I. Baker, Thomas E. Kauper, William F. Baxter, Gordon B. Spivack, James T. Halverson, Robert Pitofsky, George A. Hay, Alan H. Silberman

Cornell Law Faculty Publications