Law Commons^™

Chinese Style Vies: Continuing To Sneak Under Smog, Li Guo

Cornell International Law Journal

No abstract provided.

Defining The Sovereign In Dual Sovereignty: Does The Protection Against Double Jeopardy Bar Successive Prosecutions In National And International Courts, Daniel A. Principato

Cornell International Law Journal

No abstract provided.

Bureaucratic Politics And China's Anti-Monopoly Law, Angela Huyue Zhang

Cornell International Law Journal

No abstract provided.

Extraterritorial Financial Regulation: Why E.T. Can't Come Home, John C. Coffee Jr.

Cornell Law Review

No abstract provided.

New Territorialism In The Not-So-New Frontier Of Cyberspace, Juliet M. Moringiello, William L. Reynolds

Cornell Law Review

No abstract provided.

What We Don't Talk About When We Talk About Extraterritoriality: Kiobel And The Conflict Of Laws, Louise Weinberg

Cornell Law Review

No abstract provided.

What Is Extraterritorial Jurisdiction, Anthony J. Colangelo

Cornell Law Review

No abstract provided.

Extraterritoriality And The Interest Of The United States In Regulating Its Own, Gerald L. Neuman

Cornell Law Review

No abstract provided.

In Defense Of The Government Attorney-Client Privilege , Adam M. Chud

Cornell Law Review

No abstract provided.

Line Drawing Doctrine And Efficiency In The Tax Law , David A. Weisbach

Cornell Law Review

No abstract provided.

Labor’S Divided Ranks: Privilege And The United Front Ideology , Marion Crain, Ken Matheny

Cornell Law Review

No abstract provided.

Failure Of Fault Under 1983: Municipal Liability For State Law Enforcement , Mark R. Brown

Cornell Law Review

No abstract provided.

Handbook On Juvenile Law In Zambia, Center For Law And Justice (Zambia), Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

Juveniles who come into contact with the law are a particularly vulnerable group. They may be victims of abuse, in moral danger and in need of care, or unaware of their rights when they are accused of committing a crime. Zambia’s domestic laws recognize this vulnerability of juveniles and grant them special legal protections. One ongoing challenge for juvenile protection is the lack of a compendium on Zambian juvenile law.

To improve access to information on Zambian juvenile law, the Center for Law and Justice and Cornell Law School’s International Human Rights Clinic have co-authored this juvenile law handbook. The …

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt

Cornell e-Rulemaking Initiative Publications

An underlying assumption of many open government enthusiasts is that more public participation will necessarily lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. Yet, experience thus far with technology-enabled rulemaking (e-rulemaking) has not confirmed this “if-then” causal link. This Article considers how this flawed causal reasoning around technology has permeated efforts to increase public participation in rulemaking.

Corporations Bearer Shares In The United States Civil Law Contrast Connecticut And Montana Statutes Authorizing Issuance, Gerald M. Amero

Cornell Law Review

No abstract provided.

Investment Securities In New York Statutory Text And Commercial Practice , Carlos L. Israels

Cornell Law Review

No abstract provided.

Code Treatment Of Letters Of Credit , Henry Harfield

Cornell Law Review

No abstract provided.

Summary Of Articles 3 And 4 And Their Impact In New York , Norman Penney

Cornell Law Review

No abstract provided.

Highways And Some Of The Byways In The Sales And Bulk Sales Articles Of The Uniform Commercial Code , William E. Hogan

Cornell Law Review

No abstract provided.

Reanalyzing Reverse-Payment Settlements: A Solution To The Patentee's Dilemma, Zhenghui Wang

Cornell Law Review

No abstract provided.

The Religion Of Alcoholics Anonymous (Aa): Applying The Clergy Privilege To Certain Aa Communications, Ari J. Diaconis

Cornell Law Library Prize for Exemplary Student Research Papers

In the debate about AA’s status as a religion for clergy privilege purposes, there has been a lack of accurate information.315 AA originated from among the most evangelic of Christian movements, the Oxford Group. AA’s 12 Step program is so centered on a higher power as to preclude an atheist from moving beyond Step 2, let alone complete the entire 12 Step program.

AA’s historical origins and program of recovery are so faith based as to render it a religion under virtually any First Amendment definition.Indeed, courts have already defined AA as a religion in certain Establishment Clause contexts. To …

American Blood: Who Is Counting And For What?, Gerald Torres

Cornell Law Faculty Publications

When thinking about "who counts," I initially titled this Essay: "Who is Counting and for What?" I wanted to highlight the role that power necessarily plays in the very asking of the question. It presumes a perspective, and interrogating that perspective can only occur if the second part of the question is answered. Because race has always played a critical role in our culture from the very beginning, I wanted to explore one of the many ways it has been deployed to justify a particular expression of power. The story virtually every American learns is the story of the inevitable …

The Future Of Fault In Contract Law, Robert A. Hillman

Cornell Law Faculty Publications

According to judicial opinions, the Restatement (Second) of Contracts, and some analysts, the reasons for failing to perform a contract, whether willful, negligent, or unavoidable, have little or no bearing in determining contract liability. Contract liability is said to be “strict,” meaning that the reasons for nonperformance are irrelevant in determining the injured party’s rights. In this Article, I argue that the reasons for failing to perform, which focus on whether non-performance is the promisor’s fault, are crucially important in the resolution of many, perhaps most disputes under contract law.

Embracing Loving: Trait-Specific Marriage Laws And Heightened Scrutiny, Christopher R. Leslie

Cornell Law Review

No abstract provided.

Legitimacy And Impartiality In A Sovereign Debt Workout Mechanism, Odette Lienau

Cornell Law Faculty Publications

Particularly in light of recent developments in sovereign debt litigation, there is a pressing need for discussion of more robust sovereign debt restructuring mechanisms. This paper contends that any sovereign debt workout mechanism (DWM) should embody the principles of legitimacy and impartiality, to the extent possible, in order to garner the stable and long-term adherence of international stakeholders. These two elements are important both for attracting support ex ante, i.e. in the initial development of any treaty, ad hoc, or soft law restructuring mechanism, and for ensuring ex post that a DWM is ultimately utilized by states and their creditors. …

Unitary Innovations And Political Accountability, Edward H. Stiglitz

Cornell Law Faculty Publications

An important trend in administrative and constitutional law is to attempt to concentrate ever-greater control over the administrative state in the hands of the President. As the Supreme Court recently reminded us in Free Enterprise Fund v. Public Company Accounting Oversight Board, one foundation for this doctrinal trend is a fear that diffusing power diffuses accountability. Here, I study whether institutional innovations resulting from such judicial decisions support this functionalist constitutional value of political accountability, emphasizing under-appreciated complications arising out of interbranch relations. For most of the Article, I conduct an indepth empirical case study of the legislative veto, one …

Authority, Ignorance, And The Guilty Mind, Stephen P. Garvey

Cornell Law Faculty Publications

No abstract provided.

Digital Innocence, Joshua A. T. Fairfield, Erik Luna

Cornell Law Review

No abstract provided.

Religion Of Alcoholics Anonymous (Aa): Applying The Clergy Privilege To Certain Aa Communications, Ari J. Diaconis

Cornell Law Review

No abstract provided.

Unitary Innovations And Political Accountability, Edward H. Stiglitz

Cornell Law Review

No abstract provided.