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Articles 181 - 210 of 6968
Full-Text Articles in Law
Challenging H-1b Denials In Federal Courts: Trends And Strategies, Hun Lee, Stephen W. Yale-Loehr
Challenging H-1b Denials In Federal Courts: Trends And Strategies, Hun Lee, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
The denial rate for H-1B petitions has quadrupled over the past few years, increasing from six percent in fiscal year (FY) 2015 to twenty-four percent in FY 2018. After President Trump issued his ‘‘Buy American and Hire American’’ executive order in April 2017, U.S. Citizenship and Immigration Services (USCIS) has effectively raised the standard of proof on H-1B petitions.
USCIS has used several reasons to deny H-1B petitions, including claims that the employer failed to show that a position qualifies as a ‘‘specialty occupation,’’ impermissibly assigned employees to third-party worksites, or failed to pay the required wage.
Under USCIS’s recent …
Affordable Renewables - Unjust And Unreasonable?, Grace Brosofsky
Affordable Renewables - Unjust And Unreasonable?, Grace Brosofsky
Cornell Law Review
The Federal Energy Regulatory Commission (FERC)-an independent agency tasked with ensuring 'just and reasonable" energy rates-has begun to use energy market payment systems to prop up fossil fuels. FERC has issued orders that prevent renewables from competing with fossil fuels by forcing renewables to bid into energy markets at artificially high rates. FERC has argued that state clean energy subsidies distort energy markets by "suppressing prices" and pushing "needed" fossil fuel generators out of the market. According to FERC, a federal intervention is necessary to protect "market integrity" and ensure that consumers can access reliable electricity.
This Note argues that …
A Computational Analysis Of Constitutional Polarization, David E. Pozen, Eric L. Talley, Julian Nyarko
A Computational Analysis Of Constitutional Polarization, David E. Pozen, Eric L. Talley, Julian Nyarko
Cornell Law Review
This Article is the first to use computational methods to investigate the ideological and partisan structure of constitutional discourse outside the courts. We apply a range of machine- learning and text-analysis techniques to a newly available data set comprising all remarks made on the U.S. House and Senate floors from 1873 to 2016, as well as a collection of more recent newspaper editorials. Among other findings, we demonstrate (1) that constitutional discourse has grown increasingly polarized over the past four decades; (2) that polarization has grown faster in constitutional discourse than in nonconstitutlonal discourse; (3) that conservative-leaning speakers have driven …
Editor's Note, Tinenenji Banda
The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, Chanda Chungu
SAIPAR Case Review
The dispute related to how to commence judicial review proceedings in Zambia. The applicant in this matter commenced judicial review proceedings in the High Court of Zambia by way of applying for leave. In between the period after the High Court granted leave to hear the merits of the judicial review and the hearing date, the Patents and Companies Registration Agency (PACRA), the Respondent filed an application to discharge the leave granted. It was at this point that the Applicants filed summons, to have the matter referred to the Constitutional Court to determine whether or not the requirement for leave …
Oversight Failure In Securities Markets, Yesha Yadav
Oversight Failure In Securities Markets, Yesha Yadav
Cornell Law Review
According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect information and exclude problem participants from the marketplace, exchanges have offered an efficient source of private discipline for public regulators. The classic conception of the exchange, however, no longer holds true in today's markets. Rather than concentrate activity within a handful of exchanges, equity markets are fragmented across a network of thirteen exchanges and around forty lightly regulated, off-exchange alternative venues (colloquially, "dark pools"). This Article shows that the …
Does The Clear And Present Danger Test Survive Cost-Benefit Analysis?, Cass R. Sunstein
Does The Clear And Present Danger Test Survive Cost-Benefit Analysis?, Cass R. Sunstein
Cornell Law Review
Under American regulatory law, the dominant contemporary test involves cost-benefit analysis. The benefits of regulation must justify the costs; if they do, regulation is permissible and even mandatory. Under American free speech law, in sharp contrast, an important contemporary test for the regulation of speech involves "clear and present danger." In general, officials cannot censor or regulate political speech on the ground that the benefits of regulation justify the costs. They may proceed only if the speech is likely to produce imminent lawless action. In principle, it is not simple to explain why the free speech test does not involve …
Incarceration Or E-Incarceration: California's Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen
Incarceration Or E-Incarceration: California's Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen
Cornell Law Review
No abstract provided.
Vol. 104, Number 7 Table Of Contents And Front Matter
Vol. 104, Number 7 Table Of Contents And Front Matter
Cornell Law Review
No abstract provided.
Vol. 2, Issue 2 Table Of Contents
Konkola Copper Mines Plc V Nyasulu And 2000 Others Appeal No. 1/2012, Pamela Towela Sambo
Konkola Copper Mines Plc V Nyasulu And 2000 Others Appeal No. 1/2012, Pamela Towela Sambo
SAIPAR Case Review
No abstract provided.
Vedanta Resources Plc And Konkola Copper Mines Plc V Lungowe And Others 2019 Uksc 20, Pamela Towela Sambo
Vedanta Resources Plc And Konkola Copper Mines Plc V Lungowe And Others 2019 Uksc 20, Pamela Towela Sambo
SAIPAR Case Review
This case was initiated in the court of first instance, the England and Wales Technology and Construction Court (hereinafter referred to as the UK High Court Division) on 31 July 2015, by 1, 826 Zambian citizens who are resident in Chingola, Zambia. The claimants sought damages for personal injury, wide ranging environmental harm, damage to property, loss of income and amenity and enjoyment of land arising out of alleged pollution and environmental damage caused by the second appellant, Konkola Copper Mines (hereinafter referred to as ‘KCM’) at its Nchanga copper mine from about 2005 to date.
The first appellant, Vedanta …
The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, O'Brien Kaaba
SAIPAR Case Review
The matter came to the Constitutional Court by referral from the High Court. The Applicant applied for leave to issue judicial review process and leave was granted by the High Court. While the main application for judicial review was still pending, the Respondent filed an application to discharge the leave granted to the Applicant. The Applicant opposed this motion and then applied to have the matter referred to the Constitutional Court.
Privacy As Pretext, Susan Hazeldean
Privacy As Pretext, Susan Hazeldean
Cornell Law Review
The terms of the debate over LGBT rights have shifted in recent years, particularly since the Supreme Court made marriage equality the law of the land in Obergefell v. Hodges. Today, people against LGBT equality argue that curtailing LGBT rights is necessary to protect the rights of others. One potent rhetorical weapon used to oppose LGBT rights is the claim that antidiscrimination protections for LGBT people undermine privacy because they permit transgender people to use facilities that accord with their gender identity. This Article uses legal privacy theory to show that allowing transgender people into gendered facilities does not undermine …
Post-Denial Strategies: How To Get From "No" To "Yes", Diane M. Butler, Leslie K. Dellon, David Isaacson, Stephen W. Yale-Loehr
Post-Denial Strategies: How To Get From "No" To "Yes", Diane M. Butler, Leslie K. Dellon, David Isaacson, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
U.S. Citizenship and Immigration Services (USCIS) seems to be denying more petitions than ever these days. Cases that were solid approvals a few years ago now are receiving denials, even though the law and regulations have not changed. But don’t give up hope. Opportunities exist to overcome denials.
This practice advisory focuses on post-denial strategies for petitions filed with USCIS, not strategies in immigration court. The article discusses motions to reopen, motions for reconsideration, appeals to the USCIS Administrative Appeals Office (AAO), and litigation. This practice advisory also discusses when filing a new petition may be a better option, and …
Misdemeanor Appeals, Nancy J. King, Michael Heise
Misdemeanor Appeals, Nancy J. King, Michael Heise
Cornell Law Faculty Publications
Misdemeanor cases affect far more people than felony cases, outnumbering felony cases by more than three to one. Yet little empirical information exists on many aspects of misdemeanor prosecutions. This Article provides the first quantitative look at appellate review in misdemeanor cases nationwide. It uses data drawn from a random sample of direct criminal appeals decided by every state appellate court in the nation, unpublished aggregate data on misdemeanor trial court cases provided by the Court Statistics Project, and published state court statistics.
We provide the first estimate of the rate of appellate review for misdemeanors, concluding that appellate courts …
Aiding And Abetting In International Criminal Law, Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy, Alyssa T. Yamamoto
Aiding And Abetting In International Criminal Law, Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy, Alyssa T. Yamamoto
Cornell Law Review
To achieve justice for violations of international law such as genocide, torture, crimes against humanity, and war crimes, it is essential to address complicity for international crimes. Beginning in the 1990s, there was a proliferation of international and hybrid criminal tribunals, which sought to hold perpetrators of these crimes accountable and, in turn, generated an explosion of international criminal law jurisprudence. Nonetheless, the contours of aiding and abetting liability in international criminal law remain contested. Courts-both domestic and international-have long struggled to identify the proper legal standard for holding actors liable for aiding and abetting even the most serious violations …
Locked Up, Then Locked Out: The Case For Legislative - Rather Than Executive - Felon Disenfranchisement Reform, Amanda J. Wong
Locked Up, Then Locked Out: The Case For Legislative - Rather Than Executive - Felon Disenfranchisement Reform, Amanda J. Wong
Cornell Law Review
A cohesive anti-felon disenfranchisement perspective has gained traction over the last two decades in America. Scholars have harshly criticized disenfranchisement provisions for their insulation and perpetuation of nonwhite marginalization d la Jim Crow. Other critics have also decried felon disenfranchisement for barring prior felons from full social integration. Still more critics point to how disenfranchisement provisions inequitably affect election outcomes. State leaders, recognizing the prevalent attitude against felon disenfranchisement, have taken significant measures to mitigate disenfranchisement laws-for example, some state governors have issued executive orders categorically re-enfranchising ex-felons. These types of actions are the focus on this Note. Certainly, unilateral …
Staying Faithful To The Standards Of Proof, Kevin M. Clermont
Staying Faithful To The Standards Of Proof, Kevin M. Clermont
Cornell Law Review
Academics have never quite understood the standards of proof or, indeed, much about the theory of proof Their formulations beget probabilistic musings, which beget all sorts of paradoxes, which in turn beget radical reconceptions and proposals for reform. The theoretical radicals argue that the law needs some basic reconception such as recognizing the aim of legal proof as not at all a search for truth but rather the production of an acceptable result, or that the law needs some shattering reform such as greatly heightening the civil standard of proof on each part of the case to ensure a more-likely …
Incorporating The Fresh Start Into Sovereign Debt Restructuring Through Odious Debt, Matthew B. Masaro
Incorporating The Fresh Start Into Sovereign Debt Restructuring Through Odious Debt, Matthew B. Masaro
Cornell Law Review
No abstract provided.
Vol. 104, Number 6 Table Of Contents And Front Matter
Vol. 104, Number 6 Table Of Contents And Front Matter
Cornell Law Review
No abstract provided.
Politics And Authority In The U.S. Supreme Court, Joshua Fischman
Politics And Authority In The U.S. Supreme Court, Joshua Fischman
Cornell Law Review
Public discourse on the Supreme Court often focuses on the divide between the liberal and conservative Justices. There has been a second persistent divide in the Court, however, which has been largely overlooked by scholars, the media, and the public. This second divide has arisen most often in cases involving the jury trial right, the Confrontation Clause, the Fourth Amendment, punitive damages, and the interpretation of criminal statutes. This Article argues that this divide represents disagreements among the Justices over how to determine the limits of the authority of legal actors, particularly juries, executive officials, and trial judges. On one …
New Tech V. New Deal: Fintech As A Systemic Phenomenon, Saule T. Omarova
New Tech V. New Deal: Fintech As A Systemic Phenomenon, Saule T. Omarova
Cornell Law Faculty Publications
Fintech is the hottest topic in finance today. Recent advances in cryptography, data analytics, and machine learning are visibly "disrupting" traditional methods of delivering financial services and conducting financial transactions. Less visibly, fintech is also changing the way we think about finance: it is gradually recasting our collective understanding of the financial system in normatively neutral terms of applied information science. By making financial transactions easier, faster, and cheaper, fintech seems to promise a micro-level "win-win" solution to the financial system's many ills.
This Article challenges such narratives and presents an alternative account of fintech as a systemic, macro-level phenomenon. …
An Empirical Investigation Of Third Party Consumer Litigant Funding, Ronen Avraham, Anthony Sebok
An Empirical Investigation Of Third Party Consumer Litigant Funding, Ronen Avraham, Anthony Sebok
Cornell Law Review
No abstract provided.
Speech, Intent, And The President, Katherine Shaw
Speech, Intent, And The President, Katherine Shaw
Cornell Law Review
Judicial inquiries into official intent are a familiar feature of the legal landscape. Across various bodies of constitutional and public law-from equal protection and due process to the First Amendment's Free Exercise and Establishment Clauses, from the Eighth Amendment to the Dormant Commerce Clause, and in statutory interpretation and administrative law cases across a range of domains-assessments of the intent of government actors are ubiquitous in our law.
But whose intent matters to courts evaluating the meaning or lawfulness of government action? When it comes to statutes, forests have been felled debating the place of legislative intent. But, although the …
The Endogenous Fourth Amendment: An Empirical Assessment Of How Police Understandings Of Excessive Force Become Constitutional Law, Osagie K. Obasogie, Zachary Newman
The Endogenous Fourth Amendment: An Empirical Assessment Of How Police Understandings Of Excessive Force Become Constitutional Law, Osagie K. Obasogie, Zachary Newman
Cornell Law Review
If the Fourth Amendment is designed to protect citizens from law enforcement abusing its powers, why are so many unarmed Americans killed? Traditional understandings of the Fourth Amendment suggest that it has an exogenous effect on police use of force, Le., that the Fourth Amendment provides the ground rules for how and when law enforcement can use force that police departments turn into use-of-force policies that ostensibly limit police violence. In this Article, we question whether this exogenous understanding of the Fourth Amendment in relation to excessive force claims is accurate by engaging in an empirical assessment of the use-of-force …
The Paradox Of Source Code Secrecy, Sonia K. Katyal
The Paradox Of Source Code Secrecy, Sonia K. Katyal
Cornell Law Review
In Lear v. Adkins, the Supreme Court precipitously wrote, "federal law requires that all ideas in general circulation be dedicated to the common good unless they are protected by a valid patent." Today, it is clear that trade secrecy's dominance over source code has been a significant cause for concern in cases involving the public interest. To protect civil rights in the age of automated decision making, I argue, we must limit opportunities for seclusion in areas of intellectual property, criminal justice, and governance more generally. The solution, therefore, does not require a complete overhaul of the existing system, but …
Split Derivatives: Inside The World's Most Misunderstood Contract, Dan Awrey
Split Derivatives: Inside The World's Most Misunderstood Contract, Dan Awrey
Cornell Law Faculty Publications
Derivatives are the "bad boys" of modern finance: exciting, dangerous, and fundamentally misunderstood. These misunderstandings stem from the failure of scholars and policymakers to fully appreciate the unique legal and economic structure of derivative contracts, along with the important differences between these contracts and conventional equity and debt securities. This Article seeks to correct these misunderstandings by splitting derivative contracts open, identifying their constituent elements, and observing how these elements interact with one another. These elements include some of the world's most sophisticated state-contingent contracting, the allocation of property and decision-making rights, and relational mechanisms such as reputation and the …
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops At Tsa Checkpoints And Hispanic Appearance, Pablo Chapablanco
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops At Tsa Checkpoints And Hispanic Appearance, Pablo Chapablanco
Cornell Law Review
No abstract provided.