Law Commons^™

Kelo's Moral Failure, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett

Cornell Law Faculty Working Papers

Despite over a century’s disputation and attendant opportunity for clarification, the field of inquiry now loosely labeled “welfare economics” (WE) remains surprisingly prone to foundational confusions. The same holds of work done by many practitioners of WE’s influential offshoot, normative “law and economics” (LE).

A conspicuous contemporary case of confusion turns up in recent discussion concerning “fairness versus welfare.” The very naming of this putative dispute signals a crude category error. “Welfare” denotes a proposed object of distribution. “Fairness” describes and appropriate pattern of distribution. Welfare itself is distributed fairly or unfairly. “Fairness versus welfare” is analytically on all fours …

Better Inputs For Better Outcomes: Using The Interface To Improve E-Rulemaking, Cynthia R. Farina, Claire Cardie, Thomas R. Bruce, Erica Wagner

Cornell e-Rulemaking Initiative Publications

We believe that e-rulemaking does indeed have potential to increase both the transparency of, and participation in, regulatory policymaking. We argue in this paper that this potential can be realized only if the public interface at www.regulations.gov is substantially redesigned.

Visit To Puerto Rico, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Using Natural Language Processing To Improve Erulemaking [Project Highlight], Claire Cardie, Cynthia R. Farina, Thomas R. Bruce

Cornell e-Rulemaking Initiative Publications

This paper describes in brief Cornell’s interdisciplinary eRulemaking project that was recently funded (December, 2005) by the National Science Foundation.

Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles

Cornell Law Faculty Publications

In this article, I draw on ethnography in the particular zone of engagement between anthropologists, on the one hand, and human rights lawyers who are skeptical of the human rights regime, on the other hand. I argue that many of the problems anthropologists encounter with the appropriation and marginalization of anthropology's analytical tools can be understood in terms of the legal character of human rights. In particular, discursive engagement between anthropology and human rights is animated by the pervasive instrumentalism of legal knowledge. I contend that both anthropologists who seek to describe the culture of human rights and lawyers who …

Some Observations On The Role Of Social Change On The Courts, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.

Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Legal scholars commonly argue that the widespread presence of cognitive errors in judgment justifies legal intervention to save people from predictable mistakes. Such arguments often fail to account for individual variation in the commission of such errors even though individual variation is probably common. If predictable groups of people avoid making the errors that others commit, then law should account for such differences because those who avoid errors will not benefit from paternalistic interventions and indeed may be harmed by them. The research on individual variation suggests three parameters that might distinguish people who can avoid error: cognitive ability, experience …