Law Commons^™

Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen

Cornell Law Faculty Publications

This Article documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain this growth, and have generally examined only one industry at a time. This Article emphasizes a demand-side explanation of firm growth and shows how the explanation is similar for firms in all "project" industries. Legal regulation also plays an important role in determining industry structure. Among the areas covered in this Article are the growth of Multidisciplinary Practice firms (MDPs). MDP growth can best be understood by looking more broadly at the …

Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans

Cornell Law Faculty Publications

It is an honor to be invited to comment on the first publication of the Arizona Jury Project, a study of Arizona juries that includes videotaping and analysis of jury room discussions and deliberations. It is a remarkable and unique project, made possible by an unusual confluence of people, places, and events. In an insightful opinion some years ago, United States Supreme Court Justice Louis Brandeis observed that "[i]t is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments …

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer

Cornell Law Faculty Publications

In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs …

Standards Of Liability For Internet Service Providers: A Comparative Study Of France And The United States With A Specific Focus On Copyright, Defamation, And Illicit Content, Xavier Amadei

Cornell International Law Journal

No abstract provided.

Drug Designs Are Different, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Fear Of Formalism: Indications From The Fascist Period In France And Germany Of Judicial Methodology’S Impact On Substantive Law, Vivian Grosswald Curran

Cornell International Law Journal

No abstract provided.

U.S. Economic Sanctions Regarding The Proliferation Of Nuclear Weapons: A Call For Reform Of The Arms Export Control Act Sanctions, Sarah P. Schuette

Cornell International Law Journal

No abstract provided.

Rolling Contract Formation Under The Un Convention On Contracts For The International Sale Of Goods, Rob Schultz

Cornell International Law Journal

No abstract provided.

The Wto Banana Dispute Settlement And Its Implications For Trade Relations Between The United States And The European Union, Hunter R. Clark

Cornell International Law Journal

No abstract provided.

The Supreme Court’S Coercion Test: Insufficient Constitutional Protection For America’S Religious Minorities, Matthew A. Peterson

Cornell Journal of Law and Public Policy

No abstract provided.

Before That Artist Came Along, It Was Just A Bridge: The Visual Artists Rights Act And The Removal Of Site-Specific Artwork, Francesca Garson

Cornell Journal of Law and Public Policy

No abstract provided.

Job Reference Immunity Statutes: Prevalent But Irrelevant, Markita D. Cooper

Cornell Journal of Law and Public Policy

No abstract provided.

Staying The Course With The International Criminal Court, David J. Scheffer

Cornell International Law Journal

No abstract provided.

United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court’S Jurisdiction Truly Complementary To National Criminal Jurisdictions, Jimmy Gurule

Cornell International Law Journal

No abstract provided.

In The Matter Of Anonymous, A Minor: Fetal Representation In Hearings To Waive Parental Consent For Abortion, Helena Silverstein

Cornell Journal of Law and Public Policy

No abstract provided.

Free To Be Arbitrary And Capricious: Weight-Based Discrimination And The Logic Of American Antidiscrimination Law, Elizabeth E. Theran

Cornell Journal of Law and Public Policy

No abstract provided.

Desperately Seeking A Voice, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff

Cornell Law Faculty Publications

The political process theory introduced by the Carolene Products footnote and developed through subsequent scholarship has shaped much of the modern constitutional landscape. Process theory posits that courts may justifiably intervene in the political arena when institutional obstacles impede corrective action by political actors themselves. Judged by this standard, the United States Supreme Court's decision in Bush v. Gore was a failure, because the majority could not explain why its interference was necessary. More broadly, Bush v. Gore points to a central deficiency in process theory: it relies upon the Justices to guard against their own overreaching, but does not …

Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel

Cornell Law Faculty Publications

What should be done about lawyers who persist in violating ethical norms that are not embodied in positive disciplinary rules? That question has been a recurrent theme in recent legal ethics scholarship. One response has been to propose, experiment, amend, tinker, draft, comment, and redraft, in an attempt to codify the standard of conduct observed to be flouted widely by the practicing bar. Bar associations and courts are seemingly engaged in a never-ending process of promulgating new codes of professional conduct or rules of procedure under which lawyers may be sanctioned for such conduct as bringing frivolous lawsuits, abusing the …

International Law At The Cornell Law School, John J. Barceló Iii, Lee E. Teitelbaum

Cornell Law Faculty Publications

No abstract provided.

A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt

Cornell Law Faculty Publications

This article examines the formation of an immigration policy designed to build up the skill and human capital of a country. We discuss how the process of selecting economic-stream migrants could be designed to yield economic benefits to the host country. Part I examines the theoretical considerations involved in framing a policy that governs economic-stream immigration. In this section, we outline the goals that a host country seeks to achieve in selecting these migrants and propose important elements of a selection scheme. Part II takes a comparative look at existing points-based schemes for selecting economic migrants, focusing on Canada and …

Lawyer Crimes: Beyond The Law?, Charles W. Wolfram

Cornell Law Faculty Publications

Employment Law In A Changing Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Human Rights, The Un Global Compact, And Global Governance, William H. Meyer, Boyka Stefanova

Cornell International Law Journal

No abstract provided.

Compacts, Conventions, And Codes: Initiatives For Higher International Labor Standards, Kaushik Basu

Cornell International Law Journal

No abstract provided.

Britain And The European Convention, A. W. Brian Simpson

Cornell International Law Journal

No abstract provided.

The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer

Cornell International Law Journal

No abstract provided.

Who Owns The Sky?, Gerald Torres

Cornell Law Faculty Publications

I argue that the public has a current and continuing interest in the air resource. This commonly held interest requires that where the government has sanctioned the private trading of this asset the government must account for the profits of such trades. In short, it is not the government's property to give away. Ancillary benefits associated with cleaner air do not offset the public's interest in the value of the resource, especially where the regulatory scheme has effectively precluded private action in defense of the resource. This does not discount the government's obligation to protect the resource from predation; it …

Do We Have A Right To Common Goods?, Andrei Marmor

Cornell Law Faculty Publications

Individuals have rights. I will assume that this means that individuals have interests which are important enough to justify the imposition of duties on others in order to secure those interests. Groups of individuals, such as nations or ethnic minorities, plausibly have rights as well. Groups of individuals may have group interests appropriately protected by the imposition of duties on others, typically, on governments, or on other larger political entities. My concern in this essay is with the question of what individuals or groups may have a right to. In particular I want to explore the question of whether people …

Knockin' On Heaven's Door: Rethinking The Role Of Religion In Death Penalty Cases, Gary J. Simson, Stephen P. Garvey

Cornell Law Faculty Publications

Religion has played a prominent role at various points of capital trials. In jury selection, peremptory challenges have been exercised against prospective jurors on the basis of their religion. At the sentencing phase, defendants have offered as mitigating evidence proof of their religiosity, and the prosecution has introduced evidence of the victim's religiosity. In closing argument, quotations from the Bible and other appeals to religion have long been common. During deliberations, jurors have engaged in group prayer and tried to sway one another with quotes from scripture.

Such practices have not gone unquestioned. Rather remarkably, however, the questions have almost …