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Articles 1 - 12 of 12

Full-Text Articles in Law

An Ethnography Of Abstractions?, Annelise Riles Sep 2000

An Ethnography Of Abstractions?, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.


Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers Aug 2000

Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Persistent Problem Of Obligation In International Law, Eduardo M. Peñalver Jul 2000

The Persistent Problem Of Obligation In International Law, Eduardo M. Peñalver

Cornell Law Faculty Publications


The Aba And Mdps: Context, History, And Process, Charles W. Wolfram Jun 2000

The Aba And Mdps: Context, History, And Process, Charles W. Wolfram

Cornell Law Faculty Publications



State Attorney General Actions, The Tobacco Litigation, And The Doctrine Of Parens Patriae, Richard P. Ieyoub, Theodore Eisenberg Jun 2000

State Attorney General Actions, The Tobacco Litigation, And The Doctrine Of Parens Patriae, Richard P. Ieyoub, Theodore Eisenberg

Cornell Law Faculty Publications

On November 23, 1998, a master settlement agreement settled the lawsuits of forty-six states against the tobacco industry. The settlement brings about historic public health initiatives, such as the end to outdoor advertising, the ban on using cartoon characters in advertisements, and the creation of public education trusts. It also provides that the settling tobacco manufacturers will pay over $200 billion over the next twenty-five years. Some of the legal theories upon which states relied have implications beyond the tobacco litigation. Of particular importance is the application of the theory of parens patriae in the tobacco litigation. That theory may ...


A Cognitive Theory Of Fiduciary Relationships, Gregory S. Alexander Mar 2000

A Cognitive Theory Of Fiduciary Relationships, Gregory S. Alexander

Cornell Law Faculty Publications

Is there anything special or distinctive about fiduciary relationships? Or is the term "fiduciary" nothing more than a label that obscures rather than clarifies? Recently, several law-and-economics scholars, building on the economic literature on agency costs, have argued that nothing categorically distinguishes fiduciary from nonfiduciary legal relationships. So-called fiduciary relationships, they argue, are nothing more or less than contractual relationships.

This Essay hypothesizes that courts possess a fairly well-developed schema of the fiduciary role, but have not developed a comparable schema for ordinary contracting parties. The fiduciary role-schema often makes courts more likely to over-interpret behavior of fiduciaries than in ...


The "New" Law And Psychology: A Reply To Critics, Skeptics, And Cautious Supporters, Jeffrey J. Rachlinski Mar 2000

The "New" Law And Psychology: A Reply To Critics, Skeptics, And Cautious Supporters, Jeffrey J. Rachlinski

Cornell Law Faculty Publications



The Limits Of Behavioral Decision Theory In Legal Analysis: The Case Of Liquidated Damages, Robert A. Hillman Jan 2000

The Limits Of Behavioral Decision Theory In Legal Analysis: The Case Of Liquidated Damages, Robert A. Hillman

Cornell Law Faculty Publications

Discontent with the apparent tunnel vision of economic analysis of law's rational choice theory, legal scholars recently have turned with enthusiasm to "behavioral decision theory" (BDT) to enrich their understanding of how people make decisions and of the law's effect on human behavior. This article, for the first time, evaluates BDT's potential contribution to legal analysis by focusing on a single, important legal paradox: Despite contract law's freedom of contract paradigm, courts actively and enthusiastically police agreed damages provisions. Although the article finds an important place in legal analysis for this new discipline, the article raises ...


Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise Jan 2000

Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise

Cornell Law Faculty Publications

The judicial, legislative, and executive branches interact in many ways. These interactions fuel a constitutional dialogue that serves as a backdrop to myriad governmental activities, both large and small. The judiciary's participation is necessary, desirable, and, as a practical matter, inevitable. In my article I analyze two competing models that bear on the normative question: What form should the judiciary's participation take?

Debates over the judiciary's appropriate role in the public constitutional dialogue have captured scholarly attention for decades. Recent attention has focused on a growing distinction between the active and passive models of judicial participation. My ...


The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise Jan 2000

The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler Jan 2000

When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas Jan 2000

Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.