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Articles 1 - 30 of 185
Full-Text Articles in Law
Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash
Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash
All Faculty Scholarship
The U.S. Environmental Protection Agency (EPA) has established numerous voluntary environmental programs over the last fifteen years, seeking to encourage businesses to make environmental progress beyond what current law requires them to achieve. EPA aims to induce beyond-compliance behavior by offering various forms of recognition and rewards, including relief from otherwise applicable environmental regulations. Despite EPA's emphasis on voluntary programs,relatively few businesses have availed themselves of these programs -- and paradoxically, the programs that offer the most significant regulatory benefits tend to have the fewest members. We explain this paradox by focusing on (a) how programs'membership screening corresponds with membership …
Mandatory Arbitration For Customers But Not For Peers: A Study Of Arbitration Clauses In Consumer And Non-Consumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin
Mandatory Arbitration For Customers But Not For Peers: A Study Of Arbitration Clauses In Consumer And Non-Consumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin
Cornell Law Faculty Publications
We conducted a study of contractual practices by well-known firms marketing consumer products, comparing the firms' consumer contracts with contracts the same firms negotiated with business peers. The frequency of arbitration clauses in consumer contracts has been studied before, as has the frequency of arbitration clauses in non-consumer contracts. Our study is the first to compare the use of arbitration clauses within firms, in different contractual contexts.
The results are striking: in our sample, mandatory arbitration clauses appeared in more than three-quarters of consumer contracts and less than one tenth of non-consumer contracts (excluding employment contracts) negotiated by the same …
Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua
Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua
Journal Articles
In 2007, two workshops at the University at Buffalo launched a project bringing together legal scholars interested in exploring the relationship between law and economic inequality. This article provides an overview of the workshops’ key understandings and discussions. The essay suggests that these understandings, informed by critical legal scholarship, constituted a set of shared assumptions among the participants and informed the groups’ rejection of class blindness, a society-wide blindness to the existence and use of economic power. Discussing some of the functional similarities of gender, race and class blindness, the article argues that feminist and critical race scholars’ critiques of …
Yes We Did, Photograph
Textual material from the Rodney Lawrence Hurst, Sr. Papers
MoveOn.org print.
Cees Newsletter, No. 8, Nov. 2008, University Of Colorado Boulder. Center For Energy & Environmental Security
Cees Newsletter, No. 8, Nov. 2008, University Of Colorado Boulder. Center For Energy & Environmental Security
CEES: The Center for Energy & Environmental Security [Newsletter] (2008)
No abstract provided.
Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.
Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.
Textual material from the Rodney Lawrence Hurst, Sr. Papers
An Equal Opportunity Luncheon on Wednesday, October 29, 2008 at the Hyatt Regency Jacksonville Riverfront.
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Torts And Innovation, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
This Essay exposes and analyzes a hitherto overlooked cost of the current design of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts’ reliance on custom and conventional technologies as the benchmark of liability chills innovation and distorts its path. Specifically, the recourse to custom taxes innovators and subsidizes replicators of conventional technologies. We explore the causes and consequences of this phenomenon and propose two possible ways to modify tort law in order to make it more welcoming to innovation.
Press Release: Rodney Hurst "It Was Never About A Hot Dog And A Coke", Ron Miller
Press Release: Rodney Hurst "It Was Never About A Hot Dog And A Coke", Ron Miller
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A press release about Rodney Hurst's book "It was never about a hot dog and a coke." In addition, it advertises the Amelia Island Book Festival on October 2-4, 2008.
Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo
Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Cornell Law Faculty Publications
With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally appear …
Evaluating The Social Effects Of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, Jennifer Nash
Evaluating The Social Effects Of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, Jennifer Nash
All Faculty Scholarship
In the past decade, EPA and over 20 states have created voluntary environmental leadership programs designed to recognize and reward businesses that take steps that go beyond compliance with the strictures of environmental law. Environmental leadership programs seek not only to spur direct improvements to environment quality but also to advance broader social goals that may lead indirectly to environmental improvements, such as improving business-government relationships and changing business culture. Measuring progress toward leadership programs’ social goals is a particularly challenging but essential task if researchers and decision makers are to understand the full impacts of these programs. In this …
Masculinities And Feminist Legal Theory, Nancy E. Dowd
Masculinities And Feminist Legal Theory, Nancy E. Dowd
UF Law Faculty Publications
Men, patriarchy and masculine characteristics have predominantly been examined within feminist theory as a source of power, domination, inequality and subordination. Various theories of inequality have been developed by feminists to challenge and reveal structures and discourses that reinforce explicitly or implicitly the centrality of men and the identity of the top of a hierarchical power and economic structure as male.
The study of masculinities has been inspired by feminist theory to explore the construction of manhood and masculinity, and to question the real circumstances of men. It has explored how privilege is constructed, and what price is paid for …
The Sustainability Principle In Energy, Irma S. Russell
The Sustainability Principle In Energy, Irma S. Russell
Faculty Works
No abstract provided.
Young People On Remand, Mairéad Seymour, Michelle Butler
Young People On Remand, Mairéad Seymour, Michelle Butler
Reports
The aim of this study is to examine the services and supports required by young people to promote greater compliance with the conditions of bail and reduce the use of detention on remand. The research addresses three main areas: • to establish the service and support needs of young people by investigating the circumstances of their life circumstances; • to examine the specific services and supports required by young people and their families during the remand process, in the courtroom and in the period between adjournments; • to address the issues and barriers to delivering services and supports to young …
The Resilience Of Law, Joseph Vining
The Resilience Of Law, Joseph Vining
Law & Economics Working Papers Archive: 2003-2009
The development of "law and economics" over the last half-century has expanded and reinforced a perception among academic lawyers that law itself is a social science. During the same period social science has moved closer to the discipline of natural science and the presuppositions and methods of its thought and work. This essay explores why law is not and cannot be a social science, and why there are grounds for hope in a future for democracy grounded in the rule of law.
Statins And Adverse Cardiovascular Events In Moderate-Risk Females: A Statistical And Legal Analysis With Implications For Fda Preemption Claims, Theodore Eisenberg, Martin T. Wells
Statins And Adverse Cardiovascular Events In Moderate-Risk Females: A Statistical And Legal Analysis With Implications For Fda Preemption Claims, Theodore Eisenberg, Martin T. Wells
Cornell Law Faculty Publications
This article presents: (1) meta-analyses of studies of cardioprotection of women and men by statins, including Lipitor (atorvastatin), and (2) a legal analysis of advertising promoting Lipitor as preventing heart attacks. The meta-analyses of primary prevention clinical trials show statistically significant benefits for men but not for women, and a statistically significant difference between men and women. The analyses do not support (1) statin use to reduce heart attacks in women based on extrapolation from men, or (2) approving or advertising statins as reducing heart attacks without qualification in a population that includes many women. The legal analysis raises the …
Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd
Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd
Cornell Law Faculty Working Papers
Pundits and commentators have attempted to make sense of the role that race and gender have played in the 2008 presidential campaign. Whereas researchers are drawing on varying bodies of scholarship (legal, cognitive and social psychology, and political science) to illuminate the role that Senator Obama’s race and Senator Clinton’s gender has/had on their campaign, Michelle Obama has been left out of the discussion. As Senator Clinton once noted, elections are like hiring decisions. As such, new frontiers in employment discrimination law place Michelle Obama in context within the current presidential campaign. First, racism and sexism are both alive and …
Political Versus Administrative Justice, Stephanos Bibas
Political Versus Administrative Justice, Stephanos Bibas
All Faculty Scholarship
This comment responds to an essay by Rachel Barkow, which insightfully links the decline of mercy in American criminal justice to the rise of a rule-of-law ideal inspired by administrative law. This comment notes the dangers of the administrative, rule-focused, judiciocentric approach to criminal justice. Instead, it suggests a more political approach, with more judicial deference to political actors and less judicial policing of equal treatment. The essay by Rachel Barkow to which this comment responds, as well as other authors' comments on this essay and the author's reply to those comments, can be found at http://www.law.upenn.edu/phr/conversations/status/
10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island
10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Certificate: 2008 Sabrina Awards Best Non Fiction And Top Three Pick.
Certificate: 2008 Sabrina Awards Best Non Fiction And Top Three Pick.
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A winner for "It was Never About a Hotdog and a Coke!" at the Sabrina Awards, July 31, 2008
Marginalized By Race And Place: Occupational Sex Segregation In Post-Apartheid South Africa, Sangeeta Parashar
Marginalized By Race And Place: Occupational Sex Segregation In Post-Apartheid South Africa, Sangeeta Parashar
Department of Sociology Faculty Scholarship and Creative Works
Purpose: Given South Africa’s apartheid history, studies have primarily focused on racial discrimination in employment outcomes, with lesser attention paid to gender and context. This paper fills an important gap by examining the combined effect of macro-and micro-level factors on occupational sex segregation in post-apartheid South Africa. Intersections by race are also explored. Design/methodology/approach A multilevel multinomial logistic regression is used to examine the influence of various supply and demand variables on women’s placement in white- and blue-collar male-dominated occupations. Data from the 2001 Census and other published sources are used, with women nested in magisterial districts. Findings Demand-side results …
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Taking Distribution Seriously, Robert C. Hockett
Taking Distribution Seriously, Robert C. Hockett
Cornell Law Faculty Working Papers
It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing.
To attend systematically to the inter-translatability of maximization language on …
Jackpot Justice And The American Tort System: Thinking Beyond Junk Science, Tom Baker, Herbert M. Kritzer, Neil Vidmar
Jackpot Justice And The American Tort System: Thinking Beyond Junk Science, Tom Baker, Herbert M. Kritzer, Neil Vidmar
All Faculty Scholarship
In 2007 the Pacific Research Institute released a report, Jackpot Justice: The True Cost of America's Tort System, that is widely available on the internet. The conclusion of the report is that America's tort system costs $865.37 billion annually, amounting to an "annual price tag, or 'tort tax' for a family of four in terms of costs and foregone benefits" of $9,827. As our report will demonstrate, the conclusions of Jackpot Justice are without scientific merit and present a very misleading picture of the American tort system and its costs.
Research on the tort system's efficiency, its fairness and …
Cees Newsletter, No. 7, July 2008, University Of Colorado Boulder. Center For Energy & Environmental Security
Cees Newsletter, No. 7, July 2008, University Of Colorado Boulder. Center For Energy & Environmental Security
CEES: The Center for Energy & Environmental Security [Newsletter] (2008)
No abstract provided.
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Earth Jurisprudence: The Moral Value Of Nature, Judith E. Koons
Earth Jurisprudence: The Moral Value Of Nature, Judith E. Koons
Faculty Scholarship
As planetary environmental crises advance toward us like an enormous oil spill, the call of Earth Jurisprudence has arisen, suggesting that a shift is necessary in the way that we think about law, governance, and nature. A predicate to rethinking law, however, is to reconsider the moral status of nature. This article posits that, to preserve a healthy planet for future generations of human beings - and for Earth itself - it is necessary to recognize Earth as the center of the moral community. As an ethical endeavor, the article turns the question of the moral status of nature through …
William Faulkner, Legal Commentator: Humanity And Endurance In Hollywood's Yoknapatawpha, Michael Allan Wolf
William Faulkner, Legal Commentator: Humanity And Endurance In Hollywood's Yoknapatawpha, Michael Allan Wolf
UF Law Faculty Publications
Two of the several films based on William Faulkner's writings - “Intruder in the Dust” and “Tomorrow” - are sensitive adaptations that are permeated with themes regarding the nature of justice, the role of the attorney, and the place of law and lawlessness in society. In many ways, a careful study of each of these two films (and of the novel and story upon which they are based) reveals that William Faulkner holds a place as an important American legal commentator. No writer (before or since Faulkner) captures so vividly and so truly the moral predicament of an American South …
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
All Faculty Scholarship
No abstract provided.