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Articles 31 - 60 of 74
Full-Text Articles in Law
On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel
On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel
Cornell Law Faculty Publications
"Legal Ethics is an international and interdisciplinary journal dedicated to the field of legal ethics." The mission statement of this journal poses three concise challenges for scholars in this discipline: To define the domain of legal ethics, to study it from a perspective that is valid across jurisdictional boundaries, and to incorporate the insights of related disciplines. As befits an emerging and exciting field, lawyers and university faculty throughout the English- speaking common-law world have begun to engage with all three of these problems. The book reviews section of Legal Ethics has highlighted the publication of many of the …
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Reason And Authority In Legal Ethics, W. Bradley Wendel
Reason And Authority In Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Ten Years Of Payne: Victim Impact Evidence In Capital Cases, John H. Blume
Ten Years Of Payne: Victim Impact Evidence In Capital Cases, John H. Blume
Cornell Law Faculty Publications
A little over a decade ago, in Payne v. Tennessee, the U.S. Supreme Court cleared the way for capital sentencing juries to consider “victim impact evidence” (VIE). Reversing its prior decisions in Booth v. Maryland and South Carolina v. Gathers, a six to three majority of the Court held that “if the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar.” Part I of this Article will discuss the Court’s prior decisions in Booth and Gathers, and Parts II and III will …
Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser
Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser
Cornell Law Faculty Publications
Judges As Altruistic Hierarchs, Lynn A. Stout
Judges As Altruistic Hierarchs, Lynn A. Stout
Cornell Law Faculty Publications
No abstract provided.
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Empirical Methods And The Law, Theodore Eisenberg
Empirical Methods And The Law, Theodore Eisenberg
Cornell Law Faculty Publications
One can divide empirical analysis of legal issues into three major branches: (1) the use of scientific empirical analysis by litigants to attempt to prevail in individual cases, (2) the use of social scientific empirical analysis in individual cases, and (3) the use of the empirical methods to describe the legal system’s operation. The first two uses present difficulties that reflect a fundamental limitation on using statistical methods in law: the difference between establishing statistical association and establishing actual causation in an individual case filtered through our adversary legal system. The third use encounters no such obstacle and can aid …
Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas
Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise
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 article approaches this …
Causes Of Inequality In The International Economic Order: Critical Race Theory And Postcolonial Development, Chantal Thomas
Causes Of Inequality In The International Economic Order: Critical Race Theory And Postcolonial Development, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf
The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser
"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser
Cornell Law Faculty Publications
The formalism/policy dichotomy has structured American jurisprudential analyses of judicial decisionmaking for most of the twentieth century. In this Article, Professor Lasser analyzes and compares American multi-part judicial tests and French civil judicial discourse to demonstrate that the dichotomy reflects and informs the ways in which judicial decisions are written. Drawing on the works of Roman Jakobson, Roland Barthes, and Paul de Man, he constructs a literary methodology to analyze American and French judicial discourse. Professor Lasser contends that the formalism/policy dichotomy is part of a larger process by which the American and French judicial systems justify how they produce …
Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser
Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser
Cornell Law Faculty Publications
How Law Is Formal And Why It Matters, Robert S. Summers
How Law Is Formal And Why It Matters, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf
A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser
Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser
Cornell Law Faculty Publications
The French legal system, according to its official pronouncements, functions on a rigid conception of the interpretive and creative role of the civil, private law judge. This conception may be thought of as an "official portrait": It is an image or representation of the judge and of the nature of the judicial role. The official portrait, which represents an interpretive ideology that posits a perfectly grammatical mode of reading the legal code, has been the source of much confusion, especially to common lawyers. This portrait's predominance in the French legal system, and its effect on French judicial practice, has never …
Prediction And The Rule Of Law, Michael C. Dorf
Prediction And The Rule Of Law, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Dicta And Article Iii, Michael C. Dorf
Dicta And Article Iii, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
An Essay On Private Remedies, Emily Sherwin
An Essay On Private Remedies, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
The Formal Character Of Law, Robert S. Summers
The Formal Character Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Fighting With Angry Women: A Response To Lasson, John A. Siliciano
Fighting With Angry Women: A Response To Lasson, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Cornell Law Faculty Publications
No abstract provided.
Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers
Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin
Cornell Law Faculty Publications
Correspondence provoked by the publication of Dean Paul D. Carrington's article, "Of Law and the River," 34 J. Legal Educ. 222 (1984).
Reply To Mr Mackie, Robert S. Summers
Reply To Mr Mackie, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Working Conceptions Of "The Law", Robert S. Summers
Working Conceptions Of "The Law", Robert S. Summers
Cornell Law Faculty Publications
This exploratory essay is an admixture of amateur psychology, moral theory, and jurisprudence. It grows out of seminars I have given for judges, and reflects that focus. Co-theorists will now see some of what I have been telling practitioners. And error in my story may be exposed. But one can have no qualms about this. It is especially important to have things put right for judges.
Section 1983: Doctrinal Foundations And An Empirical Study, Theodore Eisenberg
Section 1983: Doctrinal Foundations And An Empirical Study, Theodore Eisenberg
Cornell Law Faculty Publications