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Articles 1 - 30 of 86

Full-Text Articles in Law

Economic Efficiency And The Parameters Of Fairness: A Marriage Of Marketplace Morals And The Ethic Of Care, Barbara Ann White Oct 2005

Economic Efficiency And The Parameters Of Fairness: A Marriage Of Marketplace Morals And The Ethic Of Care, Barbara Ann White

Cornell Journal of Law and Public Policy

No abstract provided.


Red Tape Or Accountability: Privatization, Public-Ization, And Public Values, Ellen Dannin Oct 2005

Red Tape Or Accountability: Privatization, Public-Ization, And Public Values, Ellen Dannin

Cornell Journal of Law and Public Policy

No abstract provided.


Digital Must-Carry & (And) The Case For Public Television, Justin Brown Oct 2005

Digital Must-Carry & (And) The Case For Public Television, Justin Brown

Cornell Journal of Law and Public Policy

No abstract provided.


Clinical Case Management; A Strategy To Coordinate Detection, Reporting, And Prosecution Of Elder Abuse, Arlene D. Luu, Bryan A. Liang Oct 2005

Clinical Case Management; A Strategy To Coordinate Detection, Reporting, And Prosecution Of Elder Abuse, Arlene D. Luu, Bryan A. Liang

Cornell Journal of Law and Public Policy

Despite civil and criminal sanctions, elder abuse is a prevalent, underreported, and underprosecuted event in the United States. Traditional reporting legislation and common law remedies have had minimal effect on the incidence and prevalence of elder abuse. The epidemic nature of elder abuse is projected to increase exponentially as the elderly population grows disproportionately over the next several decades. The fragmented system of detecting, reporting, and prosecuting this abuse across a wide range of medical and legal settings creates a poor structure to effectively allow a potentially abused patient to have his/her abuse circumstance communicated to the relevant parties to …


The Chair, The Needle, And The Damage Done: What The Electric Chair And The Rebirth Of The Method-Of-Execution Challenge Could Mean For The Future Of The Eighth Amendment, Timothy S. Kearns Oct 2005

The Chair, The Needle, And The Damage Done: What The Electric Chair And The Rebirth Of The Method-Of-Execution Challenge Could Mean For The Future Of The Eighth Amendment, Timothy S. Kearns

Cornell Journal of Law and Public Policy

No abstract provided.


Bargaining And Distribution In Special Education, Daniela Caruso Jul 2005

Bargaining And Distribution In Special Education, Daniela Caruso

Cornell Journal of Law and Public Policy

No abstract provided.


Defining The Constitutional Question In Partisan Gerrymandering, Richard Briffault Jul 2005

Defining The Constitutional Question In Partisan Gerrymandering, Richard Briffault

Cornell Journal of Law and Public Policy

No abstract provided.


Empirical And Behavioral Critiques Of Mandatory Disclosure: Socio-Economics And The Quest For Truth In Lending, Matthew A. Edwards Jul 2005

Empirical And Behavioral Critiques Of Mandatory Disclosure: Socio-Economics And The Quest For Truth In Lending, Matthew A. Edwards

Cornell Journal of Law and Public Policy

No abstract provided.


Whose Body Is It Anyway - An Updated Model Of Healthcare Decision-Making Rights For Adolescents, Kimberly M. Mutcherson Jul 2005

Whose Body Is It Anyway - An Updated Model Of Healthcare Decision-Making Rights For Adolescents, Kimberly M. Mutcherson

Cornell Journal of Law and Public Policy

No abstract provided.


Challenging Zero Tolerance: Federal And State Legal Remedies For Students Of Color, Adira Siman Jul 2005

Challenging Zero Tolerance: Federal And State Legal Remedies For Students Of Color, Adira Siman

Cornell Journal of Law and Public Policy

No abstract provided.


Vieth’S Gap: Has The Supreme Court Gone From Bad To Worse On Partisan Gerrymandering, Daniel H. Lowenstein Jul 2005

Vieth’S Gap: Has The Supreme Court Gone From Bad To Worse On Partisan Gerrymandering, Daniel H. Lowenstein

Cornell Journal of Law and Public Policy

No abstract provided.


Domesticating The Gerrymander: An Essay On Standards, Fair Representation, And The Necessary Question Of Judicial Will, Luis Fuentes-Rohwer Jul 2005

Domesticating The Gerrymander: An Essay On Standards, Fair Representation, And The Necessary Question Of Judicial Will, Luis Fuentes-Rohwer

Cornell Journal of Law and Public Policy

No abstract provided.


Book Review Jul 2005

Book Review

Cornell Journal of Law and Public Policy

No abstract provided.


The Bright Side Of Partisan Gerrymandering, Michael S. Kang Jul 2005

The Bright Side Of Partisan Gerrymandering, Michael S. Kang

Cornell Journal of Law and Public Policy

No abstract provided.


If It Weren’T For The Flip Side - Can The Usa Patriot Act Help The U.S. Pursue Drug Dealers And Terrorists Overseas, Without Overstepping Constitutional Boundaries At Home, Anne C. Pogue Jul 2005

If It Weren’T For The Flip Side - Can The Usa Patriot Act Help The U.S. Pursue Drug Dealers And Terrorists Overseas, Without Overstepping Constitutional Boundaries At Home, Anne C. Pogue

Cornell Journal of Law and Public Policy

No abstract provided.


Remarks As Delivered At Cornell University, William Jefferson Clinton Jan 2005

Remarks As Delivered At Cornell University, William Jefferson Clinton

Cornell International Law Journal

No abstract provided.


An Emerging Third Way - The Erosion Of The Anglo-American Shareholder Value Construct, Cynthia A. Williams, John M. Conley Jan 2005

An Emerging Third Way - The Erosion Of The Anglo-American Shareholder Value Construct, Cynthia A. Williams, John M. Conley

Cornell International Law Journal

No abstract provided.


The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker Jan 2005

The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker

Cornell International Law Journal

A former UN official & staff lawyer for the International Court of Justice (ICJ) reflects on that courts ruling on Israels construction of a wall in the Occupied Palestinian Territory. It is emphasized that the Court's primary focus was upholding international law. The case was not about Israels right to build a protective structure on its own territory but about the course of the West Bank barrier that extends past the Green Line designated in the 1949 Armistice Agreement. Key pronouncements of the landmark opinion are examined, including condemnation of the settlements that Israel had established in Palestinian territories; the …


In Defense Of Hybridity: Towards A Representational Theory Of International Criminal Justice, Frederic Megret Jan 2005

In Defense Of Hybridity: Towards A Representational Theory Of International Criminal Justice, Frederic Megret

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author proposes a critical & normative "representational theory" of what international criminals should be tried by in a hybrid tribunal framework that surpasses complementarity & primacy, & mitigates the lack of dimension in purely international or domestic trials. A discussion of universality issues regarding sovereignty & complementarity, & the complications of "ownership" in international crimes supports the assertion that the hybrid nature of the theory as a representation of crimes & acknowledgement of the affected communities. Comparative analysis between complementarity & hybridity are applied to the cases …


Lost In Translation: Distinguishing Between French And Anglo-American Natural Rights In Literary Property, And How Dastar Proves That The Difference Still Matters, Benjamin Davidson Jan 2005

Lost In Translation: Distinguishing Between French And Anglo-American Natural Rights In Literary Property, And How Dastar Proves That The Difference Still Matters, Benjamin Davidson

Cornell International Law Journal

No abstract provided.


The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton Jan 2005

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural …


Milosevic And Hussein On Trial, Alfred P. Rubin Jan 2005

Milosevic And Hussein On Trial, Alfred P. Rubin

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses the difficulties of trying Saddam in the International Court of Justice (ICJ) at the Hague to argue that previous cases of genocide have resulted in the political strategy of exile or extermination. Four points that limit the possibilities for an ICJ trial are discussed, & the probable unjustness of the Iraqi Special Tribunal (IST) is related to the treatment of historical cases of Napoleon & Milosevic, & genocide criminals in the Rwanda & Nuremberg criminal trials. The author argues that the current position on genocide …


Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page Jan 2005

Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page

Cornell Law Review

No abstract provided.


Behavioral Economics And Health Policy: Understanding Medicaid’S Failure, Barak D. Richman Jan 2005

Behavioral Economics And Health Policy: Understanding Medicaid’S Failure, Barak D. Richman

Cornell Law Review

No abstract provided.


A Right With No Remedy: Forced Disclosure Of Sexual Orientation And Public Outing Under 42 U.S.C. 1983, Brad S. Weinstein Jan 2005

A Right With No Remedy: Forced Disclosure Of Sexual Orientation And Public Outing Under 42 U.S.C. 1983, Brad S. Weinstein

Cornell Law Review

No abstract provided.


A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory A. Scopino Jan 2005

A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory A. Scopino

Cornell Law Review

No abstract provided.


Speech As Conduct: Generally Applicable Laws, Illegal Courses Of Conduct, Situation-Altering Utterances, And The Uncharted Zones, Eugene Volokh Jan 2005

Speech As Conduct: Generally Applicable Laws, Illegal Courses Of Conduct, Situation-Altering Utterances, And The Uncharted Zones, Eugene Volokh

Cornell Law Review

No abstract provided.


Cabining The Discretion Of The Federal Bureau Of Prisons And The Federal Courts: Interpretive Rules, Statutory Interpretation, And The Debate Over Community Confinement Centers, Yana Dobkin Jan 2005

Cabining The Discretion Of The Federal Bureau Of Prisons And The Federal Courts: Interpretive Rules, Statutory Interpretation, And The Debate Over Community Confinement Centers, Yana Dobkin

Cornell Law Review

No abstract provided.


Unveiling The Real Issue: Evaluating The European Court Of Human Rights’ Decision To Enforce The Turkish Headscarf Ban In Leyla Sahin V. Turkey, Benjamin Bleiberg Jan 2005

Unveiling The Real Issue: Evaluating The European Court Of Human Rights’ Decision To Enforce The Turkish Headscarf Ban In Leyla Sahin V. Turkey, Benjamin Bleiberg

Cornell Law Review

No abstract provided.


Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel Jan 2005

Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel

Cornell Law Review

No abstract provided.