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Articles 61 - 71 of 71
Full-Text Articles in Law
Rulemaking Versus Adjudication: A Psychological Perspective, Jeffrey J. Rachlinski
Rulemaking Versus Adjudication: A Psychological Perspective, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Legal systems make law in one of two ways: by abstracting general principles from the decisions made in individual cases (through the adjudicative process) or by declaring general principles through a centralized authority that are to be applied in individual cases (through the rulemaking process). Administrative agencies have long had the unfettered authority to choose between the two methods. Although each method could identify the same solution to the legal issues that come before them, in practice, the two systems commonly settle upon different resolutions. Each system presents the underlying legal issue from a different cognitive perspective, highlighting and hiding …
On The Right To Private Property And Entitlement To One's Income, Andrei Marmor
On The Right To Private Property And Entitlement To One's Income, Andrei Marmor
Cornell Law Faculty Publications
No abstract provided.
Education And Interrogation: Comparing Brown And Miranda, John H. Blume, Sheri Lynn Johnson, Ross Feldmann
Education And Interrogation: Comparing Brown And Miranda, John H. Blume, Sheri Lynn Johnson, Ross Feldmann
Cornell Law Faculty Publications
Although the Warren Court had its share of grand decisions, perhaps it should be known instead for its grand goals--particularly the goals of ending America's shameful history of segregation and of providing a broad array of constitutional rights to persons accused of committing crimes. Brown v. Board of Education and Miranda v. Arizona, the two most well-known decisions of the Warren Court (and possibly the two most well-known decisions in the history of the Supreme Court), best capture the Court's labor in the rocky fields of our nation's legal, political, and cultural life. In this Article, we explore certain parallels …
Death Sentence Rates And County Demographics: An Empirical Study, Theodore Eisenberg
Death Sentence Rates And County Demographics: An Empirical Study, Theodore Eisenberg
Cornell Law Faculty Publications
The number of murders in a state largely determines the size of a state's death row. The more murders, the larger the death row. This fundamental relation yields surprising results, including the newsworthy finding that Texas's death sentencing rate is not unusually high. Recent state-level research also underscores the importance of race in the demography of death row. Death penalty research has long emphasized race's role, and with good reason--a racial hierarchy exists in death sentence rates. Black defendants who murder white victims receive death sentences at the highest rate; white defendants who murder white victims receive death sentences at …
Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander
Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander
Cornell Law Faculty Publications
On The Nature Of Corporations, Lynn A. Stout
On The Nature Of Corporations, Lynn A. Stout
Cornell Law Faculty Publications
Legal experts traditionally distinguish corporations from unincorporated business forms by focusing on corporate characteristics like limited shareholder liability, centralized management, perpetual life, and free transferability of shares. While such approaches have value, this essay argues that the nature of the corporation can be better understood by focusing on a fifth, often-overlooked, characteristic of corporations: their capacity to "lock in" equity investors' initial capital contributions by making it far more difficult for those investors to subsequently withdraw assets from the firm. Like a tar pit, a corporation is much easier for equity investors to get into, than to get out of. …
The Lawlessness Of Aggregative Torts, James A. Henderson Jr.
The Lawlessness Of Aggregative Torts, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Trinko: Going All The Way, George A. Hay
Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg
Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg
Cornell Law Faculty Publications
The U.S. Supreme Court, in Furman v. Georgia (1972), held that the death penalty is constitutional only when applied on an individualized basis. The resultant changes in the laws in death penalty states fostered the involvement of psychiatric and psychologic expert witnesses at the sentencing phase of the trial, to testify on two major issues: (1) the mitigating factor of a defendant’s abnormal mental state and (2) the aggravating factor of a defendant’s potential for future violence. This study was an exploration of the responses of capital jurors to psychiatric/psychologic expert testimony during capital sentencing. The Capital Jury Project is …
Juror Bias Is A Special Problem In High-Profile Trials, Valerie P. Hans
Juror Bias Is A Special Problem In High-Profile Trials, Valerie P. Hans
Cornell Law Faculty Publications
Scott Peterson's jury convicted him and sentenced him to death. Whether he had a fair jury is a question that the appellate courts will confront as they review Peterson's appeal of his conviction and sentence. Would the jury have reached the same decisions if the case had not been so extensively covered in the media? Or was Scott Peterson condemned by media publicity? Whatever your verdict, the Peterson trial provides yet another example of the hurdles to fair trials in high-profile cases.
Brown V. Board Of Education, Footnote 11, And Multidisciplinarity, Michael Heise
Brown V. Board Of Education, Footnote 11, And Multidisciplinarity, Michael Heise
Cornell Law Faculty Publications
No abstract provided.