Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Kelo's Moral Failure, Laura S. Underkuffler Dec 2006

Kelo's Moral Failure, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Visit To Puerto Rico, Claire M. Germain May 2006

Visit To Puerto Rico, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.


Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles Mar 2006

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 ...


Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski Jan 2006

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 ...


Some Observations On The Role Of Social Change On The Courts, Gerald Torres Jan 2006

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

Cornell Law Faculty Publications

No abstract provided.