Law Commons^™

Britain And The European Convention, A. W. Brian Simpson

Cornell International Law Journal

No abstract provided.

The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer

Cornell International Law Journal

No abstract provided.

Forecasting Life And Death: Juror Race, Religion, And Attitude Toward The Death Penalty, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

Determining whether race, sex, or other juror characteristics influence how capital case jurors vote is difficult. Jurors tend to vote for death in more egregious cases and for life in less egregious cases no matter what their own characteristics. And a juror's personal characteristics may get lost in the process of deliberation because the final verdict reflects the jury's will, not the individual juror's. Controlling for the facts likely to influence a juror's verdict helps to isolate the influence of a juror's personal characteristics. Examining each juror's first sentencing vote reveals her own judgment before the majority works its will. …

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Inside The Judicial Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely commit occasional mistakes, but the public understandably expects judges to avoid systematic errors. This expectation, however, might be unrealistic. Psychologists who study human judgment and choice have learned that people frequently fall prey to cognitive illusions that produce systematic errors in judgment. Even though judges are experienced, well-trained, and highly motivated decision makers, they might be vulnerable to cognitive illusions. We report the results of an empirical study designed to determine whether five common cognitive illusions (anchoring, …

The Duty Of Confidentiality, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences, Frank O. Bowman Iii, Michael Heise

Cornell Law Faculty Publications

This is the first of two articles, the second of which will appear in January 2002 edition of the Iowa Law Review, in which we seek an explanation for the little-noticed and hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations has been declining steadily since 1991-92.

According to figures maintained by the Administrative Office of the United States Courts, in the eight years between 1991 and 1999, the average federal drug sentence decreased from 95.7 months to 75.2 months, a drop of 22%, or nearly two years, per defendant. United States …

Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel

Cornell Law Faculty Publications

The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …

"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry F. Colb

Cornell Law Faculty Publications

In virtually every jurisdiction in the United States, the law of evidence prohibits parties from offering proof of an individual's general character traits to suggest that, on a specific occasion, the individual behaved in a manner consistent with those traits. In a criminal trial in particular, the law prohibits a prosecutor's introduction of evidence about the defendant's character as proof of his guilt. In this Article, Professor Colb proposes that the exclusion of defendant character evidence is appropriate in one category of cases but inappropriate in another. In the first category, which Professor Colb calls "whodunit" cases, the parties agree …

Intent And Recklessness In Tort: The Practical Craft Of Restating Law, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

The Very Uncertain Prospect Of Global Convergence In Corporate Governance, Douglas M. Branson

Cornell International Law Journal

No abstract provided.

Faith-Based Charities And The Quest To Solve America’S Social Ills: A Legal And Policy Analysis, Lewis D. Solomon, Matthew J. Vlissides Jr.

Cornell Journal of Law and Public Policy

No abstract provided.

Click On This Link, Buy Two Aspirins, And Call Me In The Morning: A Critique Of Online Medicine Financial Arrangements, W. John Thomas

Cornell Journal of Law and Public Policy

No abstract provided.

That’S The Ticket: A New Way Of Defining Family, Angie Smolka

Cornell Journal of Law and Public Policy

No abstract provided.

Refugees Of The 21st Century: Environmental Injustice, Jeanhee Hong

Cornell Journal of Law and Public Policy

No abstract provided.

No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia

Cornell Journal of Law and Public Policy

No abstract provided.

The Good Society, Commerce, And The Rehnquist Court, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Appeal From Jury Or Judge Trial: Defendants' Advantage, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

The prevailing "expert" opinion is that jury verdicts are largely immune to appellate revision. Using a database that combines all federal civil trials and appeals decided since 1988, we find that jury trials, as a group, are in fact not so special on appeal. But the data do show that defendants succeed more than plaintiffs on appeal from civil trials, and especially from jury trials. Defendants appealing their losses after trial by jury obtain reversals at a 31% rate, while losing plaintiffs succeed in only 13% of their appeals from jury trials. Both descriptive analyses of the results and more …

Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

In recent years, some legal scholars have argued that legal scholarship could benefit from a greater reliance on theories of human behavior that arise from biological evolution. These scholars contend that reliance on biological evolution would successfully combine the rigor of economics with the scientific aspects of psychology. Complex legal systems, however, are uniquely human. Law has always been the product of cognitive processes that are unique to humans and that developed as a response to an environment that no longer exists. Consequently, the evolutionary development of the cognitive mechanisms upon which law depends cannot be rigorously modeled or studied …

Morality, Motivation, And The Professionalism Movement, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

The Gestation Of Birthright Citizenship, 1868-1898: States' Rights, The Law Of Nations, And Mutual Consent, Bernadette Meyler

Cornell Law Faculty Publications

This article considers the inheritance of the seventeenth-century English common law conception of the subject in nineteenth-century America and, ultimately, in the Supreme Court’s decision in United States v. Wong Kim Ark (1898). It examines the claims for birthright citizenship derived from British common law and the three principal arguments against them. These latter included: objections to the assertion of a federal common law of citizenship from the perspective of state sovereignty; arguments that the United States should embrace citizenship by blood rather than by birth in order to conform to the practice of the law of nations and other …

Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey

Cornell International Law Journal

No abstract provided.

Legislating U.S. Data Privacy In The Context Of National Identification Numbers: Models From South Africa And The United Kingdom, R. Brian Black

Cornell International Law Journal

No abstract provided.

Reunification Of Cyprus: The Possibility Of Peace In The Wake Of Past Failure, Benjamin M. Meier

Cornell International Law Journal

No abstract provided.

Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Shaver Duquette

Cornell International Law Journal

No abstract provided.

The Un Global Compact: Responsibility For Human Rights, Labor Relations, And The Environment In Developing Nations, Betty King

Cornell International Law Journal

No abstract provided.

Strange Bedfellows: Politics, Courts, And Statistics: Statistical Expert Testimony In Voting Rights Cases, Wendy K. Tam Cho, Albert H. Yoon

Cornell Journal of Law and Public Policy

No abstract provided.