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

Law Commons

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

Articles 1 - 10 of 10

Full-Text Articles in Law

Plaintiphobia In State Courts? An Empirical Study Of State Court Trials On Appeal, Theodore Eisenberg, Michael Heise Jan 2009

Plaintiphobia In State Courts? An Empirical Study Of State Court Trials On Appeal, Theodore Eisenberg, Michael Heise

Cornell Law Faculty Publications

Prior federal civil appellate studies show that appeals courts overturn jury verdicts more than bench decisions and that defendants fare better than plaintiffs on appeal. Attitudinal and selection effect hypotheses may explain the appellate court tilt favoring defendants. This study presents the first statistical models of the appeals process for a comprehensive set of state court civil trials to test theories on appellate outcomes. Using data from 46 large counties on 8,038 trials and 549 concluded appeals, we find that appellate reversal rates for jury trials and defendant appeals exceed reversal rates for bench trials and plaintiff appeals. The ...


Finding And Citing The "Unimportant" Decisions Of The U.S. Courts Of Appeals, Peter W. Martin Apr 2008

Finding And Citing The "Unimportant" Decisions Of The U.S. Courts Of Appeals, Peter W. Martin

Cornell Law Faculty Publications

A Federal Rule of Appellate Procedure that took effect at the end of 2006 overturned past policies in several circuits that banned or severely limited citation of unpublished or nonprecedential opinions. All U.S. Court of Appeals decisions issued after January 1, 2007, published or not, may be cited. One of the objections raised by those opposed to the rule rested on concern about access to such opinions, which constitute more than 80% of the annual total. The Judicial Conference committee that drafted and pressed for adoption of the rule pointed out that federal legislation called on the circuit courts ...


Online Access To Court Records - From Documents To Data, Particulars To Patterns, Peter W. Martin Mar 2008

Online Access To Court Records - From Documents To Data, Particulars To Patterns, Peter W. Martin

Cornell Law Faculty Publications

For over a decade the public has had remote access to federal court records held in electronic format, including documents filed by litigants and judicial rulings. First available via dial-up connections, access migrated to the Web in 1998. That and a succession of other improvements to the federal "Public Access to Court Electronic Records" system or PACER prompted the Administrative Office of the United States Courts to proclaim in 2001 that "the advancement of technology has brought the citizen ever closer to the courthouse." Unquestionably, what the Administrative Office of the U.S. Courts and Judicial Conference of the United ...


Reconfiguring Law Reports And The Concept Of Precedent For A Digital Age, Peter W. Martin Jan 2008

Reconfiguring Law Reports And The Concept Of Precedent For A Digital Age, Peter W. Martin

Cornell Law Faculty Publications

Adherence to the “rule of law” entails a strong commitment to consistency - a belief that throughout a jurisdiction and across time judges should treat like cases alike. For over a century, the U.S. judiciary's pursuit of this aim has relied principally upon print law reports. With unsettling rapidity, digital technology has dislodged that system, in practical fact, if not yet in the way lawyers and judges talk and think about case law. This article explores gains one might hope for from a “judicial consistency” system liberated from the constraints of print, likely effects on concepts of precedent, as ...


Xenophilia Or Xenophobia In American Courts? Before And After 9/11, Kevin M. Clermont, Theodore Eisenberg Jul 2007

Xenophilia Or Xenophobia In American Courts? Before And After 9/11, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

This article revisits the controversy regarding how foreigners fare in U.S. courts. The available data, if taken in a sufficiently big sample from numerous case categories and a range of years, indicate that foreigners have fared better in the federal courts than their domestic counterparts have fared. Thus, the data offer no support for the existence of xenophobic bias in U.S. courts. Nor do they establish xenophilia, of course. What the data do show is that case selection drives the outcomes for foreigners. Foreigners' aversion to U.S. forums can elevate the foreigners' success rates, when measured as ...


Complete Preemption And The Separation Of Powers, Trevor W. Morrison Mar 2007

Complete Preemption And The Separation Of Powers, Trevor W. Morrison

Cornell Law Faculty Publications

This is a short response, published in Pennumbra (the online companion to the University of Pennsylvania Law Review), to Gil Seinfeld's recent article, "The Puzzle of Complete Preemption."

I first sound some notes of agreement with Professor Seinfeld's critique of the Supreme Court's complete preemption doctrine. I then turn to his proposed reshaping of the doctrine around the interest in federal legal uniformity. Although certainly more satisfying than the Court's account, Professor Seinfeld's refashioning of the doctrine raises a number of new difficulties. In particular, it invites the federal courts to engage in a range ...


Neutral Citation, Court Web Sites, And Access To Case Law, Peter W. Martin Dec 2006

Neutral Citation, Court Web Sites, And Access To Case Law, Peter W. Martin

Cornell Law Faculty Publications

In 1994 the Wisconsin Bar and Judicial Council together urged the Wisconsin Supreme Court to take two dramatic steps with the combined aim of improving access to state case law: 1) adopt a new system of neutral citation and 2) establish a digital archive of decisions directly available to all publishers and the public. The recommendations set off a storm, and the Wisconsin court deferred decision on the package. In the years since those events, the background conditions have shifted dramatically. Neutral citation has been endorsed by the AALL and ABA and formally adopted in over a dozen states, including ...


Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart May 2006

Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart

Cornell Law School J.D. Student Research Papers

The paper focuses on Saddam Hussein’s trial in front of the Iraqi High Criminal Court in Baghdad. After providing an overview of the facts surrounding the court’s installation, the applicable international law is identified and the fairness and legitimacy of the current proceedings are analyzed. The paper finishes by considering whether the trial should be relocated and addresses alternative venues that could have been chosen to prosecute Iraq’s ex-dictator.


Non-Governmental Organizations And The International Criminal Court: Changing Landscapes Of International Law, Zoe Pearson Jan 2006

Non-Governmental Organizations And The International Criminal Court: Changing Landscapes Of International Law, Zoe Pearson

Cornell International Law Journal

An exploration of claims that non-governmental organizations (NGOs) influence the formation of international law focuses on NGO participation in the multilateral negotiations to form the International Criminal Court. It is shown that, although NGO's can contribute to international lawmaking processes, their participation remains ad hoc, contingent, & characterized by conflicting viewpoints. However, existing international lawmaking is attempting to accommodate the diversity of global civil society actors even though deeply entrenched traditional constructions of international law tend to limit their involvement. Adapted from the source document.


Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly Jan 2006

Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly

Cornell International Law Journal

Examines the possibility of applying the truth commission model in Northern Ireland where the past plays a significant role in shaping daily lives & worldviews. A review of the theory & practice of truth commissions is followed by a description of Northern Ireland's long & complex conflicts that point to the need for some form of truth-seeking. Attention is given to the difficulties such a process would face. Three recent truth-seeking initiatives are critiqued: the Northern Ireland Victims' Commissioner; the Bloody Sunday Inquiry; & a series of decisions by the European Court of Human Rights. A framework is presented for the basic shape of a future truth commission in Northern Ireland in light of its particular historical & political situation. Limitations & benefits of the truth commission model are pointed out for both its implementation in Northern Ireland & other post-conflict societies. It is concluded that a truth commission in Northern Ireland offers hope of allowing the past to help ...