Law Commons^™

The Emotional Economy Of Capital Sentencing, Stephen P. Garvey

Cornell Law Faculty Publications

You often hear that one reason capital jurors condemn capital defendants is that jurors don't empathize with defendants. And one reason they don't empathize is that the process of capital sentencing is rigged against empathy. Using data from the South Carolina segment of the Capital Jury Project, I try to examine the role emotion plays in capital sentencing.

Without entering here all the important and necessary caveats, I find that the self-reported emotional responses jurors have toward capital defendants run the gamut from sympathy and pity at one extreme, to disgust, anger, and fear at the other. What causes these …

The Timing Of Opinion Formation By Jurors In Civil Cases: An Empirical Examination, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman

Cornell Law Faculty Publications

The question of when and how jurors form opinions about evidence presented at trial has been the focus of seemingly endless speculation. For lawyers, the question is how to capture the attention and approval of the jury at the earliest possible point in the trial. Their goal is to maximize the persuasiveness of their arguments--or at least to minimize the persuasiveness of those of the opposing side. Judges, in contrast, are more concerned about prejudgment. They regularly admonish jurors to suspend judgment until after all the evidence has been presented and after the jurors have been instructed on the law. …

A Cognitive Theory Of Fiduciary Relationships, Gregory S. Alexander

Cornell Law Faculty Publications

Is there anything special or distinctive about fiduciary relationships? Or is the term "fiduciary" nothing more than a label that obscures rather than clarifies? Recently, several law-and-economics scholars, building on the economic literature on agency costs, have argued that nothing categorically distinguishes fiduciary from nonfiduciary legal relationships. So-called fiduciary relationships, they argue, are nothing more or less than contractual relationships.

This Essay hypothesizes that courts possess a fairly well-developed schema of the fiduciary role, but have not developed a comparable schema for ordinary contracting parties. The fiduciary role-schema often makes courts more likely to over-interpret behavior of fiduciaries than in …

The Meaning Of "Agreement" Under The Sherman Act: Thoughts From The "Facilitating Practices" Experience, George A. Hay

Cornell Law Faculty Publications

While the Economic Policy Office was involved in a number of interesting and important matters during the six years I was Director (1973–1979), for the most part my involvement in individual investigations and cases was vicarious, i.e., supervising, supporting, and advising the staff economists assigned to the particular matter. The one major exception – a matter in which I became personally involved in an intensive way – was the General Electric (GE)-Westinghouse price signaling matter. In what follows, I provide a brief summary of what transpired in the GE-Westinghouse matter and then trace through some of the longer term consequences …

Spectral Evidence: The Ramona Case: Incest, Memory, And Truth On Trial In Napa Valley, By Moira Johnston [Book Review], Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

The "New" Law And Psychology: A Reply To Critics, Skeptics, And Cautious Supporters, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Mirror, Mirror On The Wall: A Vision For The Future, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus

Cornell Law Faculty Publications

In Weeks v. Angelone, 528 U.S. 225 (2000), the members of the capital sentencing jury asked for clarification of the jury instructions on the essential question of whether they were required to sentence Weeks to death upon the finding of certain aggravating factors. The judge merely informed the jurors to reread the instruction. The jurors returned with a death penalty sentence. The Supreme Court held that these jurors likely understood the instructions and at most Weeks had shown a slight possibility that the jurors believed they were precluded from considering mitigating evidence. However, the results of a mock jury study …

Assessing Proposals For Mandatory Procedural Protections For Sentencings Under The Guidelines, Steven D. Clymer

Cornell Law Faculty Publications

The federal sentencing guidelines have received sustained criticism from scholars, judges, and practitioners. Critics claim that the guidelines unwisely shift sentencing discretion from federal judges to prosecutors and probation officers; often mandate undeservedly harsh sentences; are complex, mechanistic, and bureaucratic; fail to achieve their goal of reducing sentencing disparity; and clog both district and appellate courts with litigation. Despite the attacks, some critics acknowledge that the guidelines will remain in force for the foreseeable future. While some nonetheless continue to urge abolition, others propose less ambitious reform, including enhancing the procedural protections available to criminal defendants at sentencing. Recommendations include …

Reviewing National Security Clearance Decisions: The Clash Between Title Vii And Bivens Claims , David C. Mayer

Cornell Law Review

No abstract provided.

Conceptual Severance And Takings In The Federal Circuit, Courtney C. Tedrowe

Cornell Law Review

No abstract provided.

Whatever Happened To Anti-Semitism - How Social Science Theories Identify Discrimination And Promote Coalitions Between Different Minorities, Clark Freshman

Cornell Law Review

No abstract provided.

Asset Protection Trusts: Trust Law’S Race To The Bottom , Stewart E. Sterk

Cornell Law Review

No abstract provided.

Abort, Retry, Fail: Protection For Software-Related Inventions In The Wake Of State Street Bank & Trust Co. V. Signature Financial Group, Inc. , Chad King

Cornell Law Review

No abstract provided.

Equal Protection’S Antinomies And The Promise Of A Co-Constitutive Approach , Julie A. Nice

Cornell Law Review

No abstract provided.

Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies , Mary Anne Case

Cornell Law Review

No abstract provided.

Weak Law Teaching, Adam Smith And A New Model Of Merit Pay, Ronald H. Silverman

Cornell Journal of Law and Public Policy

No abstract provided.

Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

New Law And Psychology: A Reply To Critics, Skeptics, And Cautious Supporters, Jeffrey J. Rachlinski

Cornell Law Review

No abstract provided.

Cognitive Theory Of Fiduciary Relationships , Gregory S. Alexander

Cornell Law Review

No abstract provided.

Can (Did) Congress Overrule Miranda , Yale Kamisar

Cornell Law Review

No abstract provided.

Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson

Cornell Law Review

No abstract provided.

The Suggestibility Of Children: Scientific Research And Legal Implications, Stephen J. Ceci, Richard D. Friedman

Cornell Law Review

No abstract provided.

Constitution Outside The Courts, James E. Flemming

Cornell Law Review

No abstract provided.

The Right To Compensation In Bosnia: An Unfulfilled Promise And A Challenge To International Law, Eric Rosand

Cornell International Law Journal

No abstract provided.

A Human Rights Imperative: Extending Religious Liberty Beyond The Border, Nathan A. Adams Iv

Cornell International Law Journal

No abstract provided.

Holding Public Officials Accountable In The International Realm: A New Multi-Layered Strategy To Combat Corruption, Brian C. Harms

Cornell International Law Journal

No abstract provided.

Deficiencies In European Monetary Union’S Credible Commitment Against Monetary Expansion, Nahalel A. Nellis

Cornell International Law Journal

No abstract provided.

Regulation Of Electronic Communications Networks: An Examination Of Tradepoint Financial Network’S Sec Approval To Become The First Non-American Exchange To Operate In The United States, Elizabeth M. Mccarroll

Cornell International Law Journal

No abstract provided.

King Pennoyer Dethroned: A Policy-Analysis-Influenced Study Of The Limits Of Pennoyer V. Neff In The Jurisdictional Environment Of The Internet, Nicholas R. Spampata

Cornell Law Review

No abstract provided.