Law Commons^™

Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers

Cornell Law Faculty Publications

The late Lon L. Fuller played an influential role in the development of American jurisprudence, but his views have not always prevailed. In this tribute to the memory of Professor Fuller, Professor Summers outlines the major tenets of what he perceives to be our dominant philosophy of law – “pragmatic instrumentalism” – by way of contrasting that philosophy with the views of Professor Fuller. Professor Summers concludes that these two philosophies differ in many important respects and that our dominant philosophy of law should accommodate, and may indeed already be in the process of accommodating, the thought of Professor Fuller.

The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford

Cornell Law Faculty Publications

The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.

Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

The Conservatorship Model: A Modification, Gregory S. Alexander

Cornell Law Faculty Publications

Reform-minded probate lawyers have discussed the idea of ante-mortem probate for many years. Yet, owing to several seemingly unavoidable defects, it has never attracted widespread support and only recently has been implemented anywhere in the United States. In his article, Living Probate: The Conservatorship Model, Professor John Langbein has eliminated many of those defects and has made the idea much more feasible. In doing so, he has contributed to the development of simple, convenient, and efficient systems of probate. However, his proposal introduces new flaws that threaten the practical working of his procedural model.

Basically, Langbein proposes that living …

Implementing Federal Environment Policies: The Limits Of Aspirational Commands, James A. Henderson Jr., Richard N. Pearson

Cornell Law Faculty Publications

No abstract provided.

Welfare Law: A Challenging Field For Lawyers, Peter W. Martin

Cornell Law Faculty Publications

The profusion of welfare laws has created a legitimate demand for more welfare lawyers with a broad view of the programs.

Reflections On A Unified Theory Of Motive, Theodore Eisenberg

Cornell Law Faculty Publications

No abstract provided.

Client Perjury, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin

Cornell Law Faculty Publications

In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …

Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Manufacturers' Liability For Defective Product Design: A Proposed Statutory Reform, James A. Henderson Jr.

Cornell Law Faculty Publications

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Barriers To Effective Public Participation In Regulation Of The Legal Profession, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan

Cornell Law Faculty Publications

Two basic fees--contingent and hourly--dominate the variety of fees that lawyers charge clients for pursuing damage claims. Each of these two types has its advantages; each is plagued with substantial disadvantages. This Article proposes a new type of fee, one that preserves the respective advantages of the two present fees while minimizing their distinct disadvantages.

In essence, the proposed fee calls for the payment, on a contingent basis, of an amount computed by adding one component tied to hours worked and another component linked to amount recovered. The preferability and feasibility of this proposed fee argue for the abolishment, or …

Social Security Benefits For Spouses, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Property, E. F. Roberts

Cornell Law Faculty Publications

Blackstone warned us that the law of real property was “a fine artificial system, full of unseen connexions and nice dependencies; and he that breaks one link of the chain endangers dissolution of the whole.” Ours is an age during which entropy appears to have beset the entire society. Reflecting as it does the socioeconomic realities of the society, the system of real property law has not escaped the general drift, and it evidences marked symptoms of dissolution.

The Ordinary Religion Of The Law School Classroom, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

General Equitable Principles Under Section 1-103 Of The Uniform Commercial Code, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.