Law Commons^™

Remembering Harry Bitner: Law Librarian, Professor, And Wonderful Colleague, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Legal Education In Africa In The Era Of Globalization And Structural Adjustment, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel

Cornell Law Faculty Publications

I would like to do several things in this essay. First, I am interested in the sources of students' wariness about moral reasoning and claims about objectivity and truth in ethics. Sometimes I feel like a teacher of geography who must confront a deeply entrenched belief that the earth is flat. The earth is not flat, nor is ethics just a matter of opinion, but one wonders why students persist in thinking the opposite. Teaching effectively requires an understanding of where students are coming from. Accordingly, the opening section of this essay is structured around a series of hypotheses to …

Studying Labor Law And Human Resources In Rhode Island, Stewart J. Schwab

Cornell Law Faculty Publications

Our task today is to celebrate, inaugurate, and educate. Lawyers demanded the education part of the talk because they love double counting whenever possible. The lawyers in our audience get Continuing Legal Education credits for attending. That's just one illustration of how to think like a lawyer--kill as many birds with as few stones as possible.

Lawyers are often accused of talking in an arcane language that no one else can understand. Labor-relations people are sometimes thought to be either pie-in-the-sky optimists or Marxist-inspired anarchists. Human-relations professionals are sometimes said to be hypocrites giving a fake smile to employees while …

Judges As Altruistic Hierarchs, Lynn A. Stout

Cornell Law Faculty Publications

No abstract provided.

Juries, Judges, And Punitive Damages: An Empirical Study, Theodore Eisenberg, Neil Lafountain, Brian Ostrom, David Rottman, Martin T. Wells

Cornell Law Faculty Publications

This Article, the first broad-based analysis of punitive damages in judge-tried cases, compares judge and jury performance in awarding punitive damages and in setting their levels. Data covering one year of judge and jury trial outcomes from forty-five of the nation's largest counties yield no substantial evidence that judges and juries differ in the rate at which they award punitive damages or in the central relation between the size of punitive awards and compensatory awards. The relation between punitive and compensatory awards in jury trials is strikingly similar to the relation in judge trials. For a given level of compensatory …

Narco-Terrorism: The New Discovery Of An Old Connection, Donnie Marshall

Cornell International Law Journal

No abstract provided.

World Trade After September 11, 2001: The U.S. Response, Leslie Alan Glick

Cornell International Law Journal

No abstract provided.

Limiting Attacks On Dual-Use Facilities Performing Indispensable Civilian Functions, Henry Shue, David Wippman

Cornell International Law Journal

No abstract provided.

Comments On The Use Of Force In Afghanistan, Judith Miller

Cornell International Law Journal

No abstract provided.

9/11 And The Raiders Of The Lost Ark, Gwyn Prins

Cornell International Law Journal

No abstract provided.

Playing With Fire, Gregory S. Alexander

Cornell Law Review

No abstract provided.

This Might Sting A Bit: Policing Skin Care In Nursing Facilities By Litigating Fraud, Michael Stockham

Cornell Law Review

No abstract provided.

Echoes Of Enterprise Liability In Product Design And Marketing Litigation, James A. Henderson Jr.

Cornell Law Review

No abstract provided.

A Rule Unfit For All Seasons: Monitoring Attorney-Client Communications Violates Privilege And The Sixth Amendment, Avidan Y. Cover

Cornell Law Review

No abstract provided.

A Social History Of Everyday Practice: Sadie T.M. Alexander And The Incorporation Of Black Women Into The American Legal Profession, 1925-1960, Kenneth Walter Mack

Cornell Law Review

No abstract provided.

Disease Management And Liability In The Human Genome Era, Larry I. Palmer

Cornell Law Faculty Publications

The completion of a rough draft of the Human Genome presents both tremendous potential for improvements in health care delivery and challenges to providing appropriate incentives that will bring forth new treatments while protecting individuals and groups from genetic discrimination. As "genetics" becomes an integral part of health care delivery, there are no existing coherent legal doctrines for balancing the risks and benefits of this technological and scientific achievement. Developing a coherent legal approach to these risks and benefits requires a reexamination of the purposes of the liability doctrines that govern the management of disease processes. At the moment, a …

Employee Representation In The Boundaryless Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

A Partial Defense Of An Anti-Discrimination Principle, Michael C. Dorf

Cornell Law Faculty Publications

Over a quarter century ago, Professor Fiss proposed that the constitutional principle of equal protection should be interpreted to prohibit laws or official practices that aggravate or perpetuate the subordination of specially disadvantaged groups. Fiss thought that the anti-subordination principle could more readily justify results he believed normatively attractive than could the rival, anti-discrimination principle. In particular, anti-subordination would enable the courts to invalidate facially neutral laws that have the effect of disadvantaging a subordinate group and also enable them to uphold facially race-based laws aimed at ameliorating the condition of a subordinate group. Since Fiss’s landmark article appeared, Supreme …

Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Professors Clermont and Eisenberg conducted a systematic analysis of appellate court behavior and report that defendants have a substantial advantage over plaintiffs on appeal. Their analysis attempted to control for different variables that may affect the decision to appeal or the appellate outcome, including case complexity, case type, amount in controversy, and whether there had been a judge or a jury trial. Once they accounted for these variables and explored and discarded various alternate explanations, they came to the conclusion that a defendants' advantage exists probably because of appellate judges' misperceptions that trial level adjudicators are pro-plaintiff.

Judge Harry Edwards: A Case In Point!, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Judge Harry Edwards dislikes empirical work that is not flattering to federal appellate judges. A few years ago Dean Richard Revesz published an empirical study of the United States Court of Appeals for the D.C. Circuit providing further support for the rather tame proposition that judges’ political orientation has some effect on outcome in some politically charged cases. A year later Judge Edwards published a criticism phrased in extreme terms. Dean Revesz then wrote a devastating reply by which he demonstrated that Judge Edwards “is simply wrong with respect to each of the numerous criticisms that he levels.” We believe …

Twenty-Five Years Of Death: A Report Of The Cornell Death Penalty Project On The "Modern" Era Of Capital Punishment In South Carolina, John H. Blume

Cornell Law Faculty Publications

In 1972, the United States Supreme Court determined that the death penalty, as then administered in this country, violated the Eighth Amendment's prohibition against cruel and unusual punishment. Many states, including South Carolina, scurried to enact new, "improved" capital punishment statutes which would satisfy the Supreme Court's rather vague mandate. In 1976, the High Court approved some of the new laws, and the American death penalty was back in business. After a wrong turn or two, including a statutory scheme which did not pass constitutional muster, the South Carolina General Assembly passed the current death penalty statute in 1977. The …

The Interaction Of Tax And Non-Tax Treaties, Robert A. Green

Cornell Law Faculty Publications

This background note consists of two parts. Part one provides an overview of the extent to which tax matters are currently covered in non-tax treaties. This discussion focuses on the general agreement on tariffs and trade (GATT)/World Trade Organization (WTO) agreement and the North American free trade agreement (NAFTA) (which cover direct tax measures only to a limited extent) and the European Community (EC) treaty (which covers direct tax measures more broadly). Part two outlines the issues raised when tax matters are covered in non-tax treaties.

Theaters Of Pardoning: Tragicomedy And The Gunpowder Plot, Bernadette Meyler

Cornell Law Faculty Publications

This article examines the dramatic character of King James I’s reaction to the 1605 Gunpowder Plot - the first act of terrorism in the West - and his attempts both to inscribe the unprecedented crime within the conventional structure of revenge tragedy and to interpret the event according to a model of tragicomedy indebted to John of Patmos' apocalyptic Revelation. On account of applying these cultural and religious paradigms, the King suggested that Parliament be entrusted with judging the conspirators, thus imaginatively displacing his sovereignty onto it.

The Scottsboro Trials: A Legal Lynching, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

A Tribute To Paul Szasz, John J. Barceló Iii, David Wippman

Cornell Law Faculty Publications

No abstract provided.

One Size Fits Some: Single Asset Real Estate Banktruptcy Cases, Kenneth N. Klee

Cornell Law Review

No abstract provided.

Preserving Monumental Landscaptes Under The Antiquities Act, Christine A. Klein

Cornell Law Review

No abstract provided.

The Craziest Reform Of Them All: A Critical Analysis Of The Constitutional Implications Of Abolishing The Insanity Defense, Daniel J. Nusbaum

Cornell Law Review

No abstract provided.

From Cynicism To Positive Theory In Public Choice, Saul Levmore

Cornell Law Review

No abstract provided.