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Series

1986

Cornell Law Faculty Publications

Articles 1 - 14 of 14

Full-Text Articles in Law

South Dakota Airplane Tax Hangs By A Technical Thread, Jeffrey S. Lehman Oct 1986

South Dakota Airplane Tax Hangs By A Technical Thread, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.


Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts Oct 1986

Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts

Cornell Law Faculty Publications

Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition.

What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to …


History As Ideology In The Basic Property Course, Gregory S. Alexander Sep 1986

History As Ideology In The Basic Property Course, Gregory S. Alexander

Cornell Law Faculty Publications

Why has history played such a prominent role in the basic property course in the twentieth century? Such a loaded question requires some explanation. Legal history is doubtless used in all the first-year common-law courses, but I have the impression that since Langdell's time it has been more conspicuous in property than in the other basic courses. At least let us provisionally accept this rather dogmatic assertion in order to examine the more interesting questions: what function has the historical perspective served in property, and what other function might history serve in the course?


Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii Jul 1986

Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.


An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans May 1986

An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans

Cornell Law Faculty Publications

Results from a public opinion survey of knowledge, attitudes, and support for the insanity defense indicate that people dislike the insanity defense for both retributive and utilitarian reasons: they want insane law-breakers punished, and they believe that insanity defense procedures fail to protect the public. However, people vastly overestimate the use and success of the insanity plea. Several attitudinal and demographic variables that other researchers have found to be associated with people's support for the death penalty and perceptions of criminal sentencing are also related to support for the insanity defense. Implications for public policy are discussed.


The Conduct Of Voir Dire: A Psychological Analysis, Valerie P. Hans Apr 1986

The Conduct Of Voir Dire: A Psychological Analysis, Valerie P. Hans

Cornell Law Faculty Publications

The voir dire process in jury selection, in which the prospective jurors are questioned about their possible biases in the case, has come under increasing scrutiny in recent years. This article discusses psychological research and its implications for the conduct of the voir dire. The research indicates that individual, sequestered, open-ended questioning on issues directly relevant to the trial is the superior method for uncovering bias in prospective jurors. Furthermore, adversary attorneys appear to have a modest edge over judges in the detection of prejudice. The author notes that these findings must be balanced against other interests served by the …


Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr. Apr 1986

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain Apr 1986

An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.


Mining With Mr. Justice Holmes, E. F. Roberts Mar 1986

Mining With Mr. Justice Holmes, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


Is Statistical Discrimination Efficient?, Stewart J. Schwab Mar 1986

Is Statistical Discrimination Efficient?, Stewart J. Schwab

Cornell Law Faculty Publications

No abstract provided.


Mining Legislation And Mineral Development In Zambia, Muna Ndulo Jan 1986

Mining Legislation And Mineral Development In Zambia, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.


"The Most Remarkable Institution": The American Law Review, Roger C. Cramton Jan 1986

"The Most Remarkable Institution": The American Law Review, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers Jan 1986

Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Professional Education In Medicine And Law: Structural Differences, Common Failings, Possible Opportunities, Roger C. Cramton Jan 1986

Professional Education In Medicine And Law: Structural Differences, Common Failings, Possible Opportunities, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.