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Articles 1 - 30 of 172
Full-Text Articles in Law
Targeting Co-Belligerents, Jens David Ohlin
Targeting Co-Belligerents, Jens David Ohlin
Cornell Law Faculty Working Papers
One of the central controversies of the targeted killing debate is the question of who can be targeted for a summary killing. The following chapter employs a novel normative framework: how to link an individual terrorist with a non-state group that threatens a nation-state. Six linking principles are catalogued and analyzed, including direct participation, co-belligerency, membership, control, complicity and conspiracy. The analysis produces counter-intuitive results, especially for civil libertarians who usually eschew status principles in favor of conduct principles. The concept of membership, a status concept central to international humanitarian law, is ideally suited to situations, like targeted killings, that …
To Dollars From Sense: Qualitative To Quantitative Translation In Jury Damage Awards, Valerie P. Hans, Valerie F. Reyna
To Dollars From Sense: Qualitative To Quantitative Translation In Jury Damage Awards, Valerie P. Hans, Valerie F. Reyna
Cornell Law Faculty Publications
This article offers a new multistage account of jury damage award decision making. Drawing on psychological and economic research on judgment, decision making, and numeracy, the model posits that jurors first make a categorical gist judgment that money damages are warranted, and then make an ordinal gist judgment ranking the damages deserved as low, medium, or high. They then construct numbers that fit the gist of the appropriate magnitude. The article employs data from jury decision-making research to explore the plausibility of the model.
Property's Memories, Eduardo M. Peñalver
Property's Memories, Eduardo M. Peñalver
Cornell Law Faculty Publications
This short essay, presented at Fordham's conference on the social functions of property (and in an earlier form at a conference on law and memory at USC), explores the relationship between property and memory. It distinguishes between property as the object of memory ("memory of property") and property as a medium of memory ("memory in property"). With respect to both kinds of memory, the common law expresses a great deal of ambivalence towards memory. Unlimited memory is no less dangerous to a system of property than it is to an individual’s ability to think. Recent reforms of adverse possession, the …
Pluralism And Property, Gregory S. Alexander
Pluralism And Property, Gregory S. Alexander
Cornell Law Faculty Publications
Welfarism is no longer the only game in the town of property theory. In the last several years a number of property scholars have begun developing various versions of a general vision of property and ownership that, although consistent with welfarism in some respects, purports to provide an alternative to the still-dominant welfarist account. This alternative proceeds under different labels, including “virtue theory” and “progressive,” but for convenience purposes let us call them collectively “social obligation” theories. For what they have in common is a desire to correct the common but mistaken notion that ownership is solely about rights. These …
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Cornell Law Faculty Publications
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
Consumer Protection In Choice Of Law, Giesela Ruhl
Consumer Protection In Choice Of Law, Giesela Ruhl
Cornell International Law Journal
No abstract provided.
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew Strauss
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew Strauss
Cornell International Law Journal
The International Court of Justice the global system's oldest and most venerable tribunal has failed to meet its full potential. This is in large measure due to the requirement that the Court may only assert jurisdiction over states with their consent, which is often withheld. To help correct for this failure, this article proposes that the Court be given a referral jurisdiction. Referral jurisdiction would empower the Court to issue advisory opinions on interstate disputes without the requirement of state consent. Standing in the way of nonconsent-based jurisdiction, however, is the problem of the Gordian Knot: The world's most powerful …
Corporate Civil Liability Under The Alien Tort Statute: Exploring Its Possibility And Jurisdictional Limitations, Matthew E. Danforth
Corporate Civil Liability Under The Alien Tort Statute: Exploring Its Possibility And Jurisdictional Limitations, Matthew E. Danforth
Cornell International Law Journal
No abstract provided.
The Two Faces Of American Freedom: A Reply, Aziz Rana
The Two Faces Of American Freedom: A Reply, Aziz Rana
Cornell Law Faculty Publications
No abstract provided.
The Way Forward: Moving From The Post-Bubble, Post-Bust Economy To Renewed Growth And Competitiveness, Daniel Alpert, Robert C. Hockett, Nouriel Roubini
The Way Forward: Moving From The Post-Bubble, Post-Bust Economy To Renewed Growth And Competitiveness, Daniel Alpert, Robert C. Hockett, Nouriel Roubini
Cornell Law Faculty Publications
We argue that the U.S. economy is presently mired in a particularly tenacious, Fisher-style debt-deflation rooted in long term secular trends in the domestic and global economies. Global productive capacity has steadily outpaced global absorptive capacity for several decades now, and the latter will not catch up with the former for a good many years to come -- if ever. In order to avert long-term Japanese-style stagnation at home and quite possibly slowdown and slump worldwide, the U.S. will have both (a) to eliminate private sector debt-overhang from 'both sides' of the same, and (b) to act in concert with …
An Evolving Foreclosure Landscape: The Ibanez Case And Beyond, Peter Pitegoff, Laura S. Underkuffler
An Evolving Foreclosure Landscape: The Ibanez Case And Beyond, Peter Pitegoff, Laura S. Underkuffler
Cornell Law Faculty Publications
Mortgage securitization, subprime lending, a persistently weak housing market, and an explosion of residential mortgage defaults – today’s homeowners and banks face a new and challenging landscape. Recently, courts in several states have issued decisions that alter the terrain for mortgage foreclosures. In Massachusetts, New Jersey, and New York, among other states, courts have dismissed foreclosure actions on the basis of what might seem to be highly technical deficiencies in the pleading or proof. The most well-known – and controversial – in this cluster of cases is U.S. Bank National Ass’n v. Ibanez, decided by the Supreme Judicial Court of …
A Parent’S Apparent Authority: Why Intergenerational Coresidence Requires A Reassessment Of Parental Consent To Search Adult Children’S Bedrooms, Hillary B. Farber
A Parent’S Apparent Authority: Why Intergenerational Coresidence Requires A Reassessment Of Parental Consent To Search Adult Children’S Bedrooms, Hillary B. Farber
Cornell Journal of Law and Public Policy
No abstract provided.
The Two Faces Of American Freedom: A Reply, Aziz Rana
The Two Faces Of American Freedom: A Reply, Aziz Rana
Cornell Journal of Law and Public Policy
No abstract provided.
Capture In Financial Regulation: Can We Channel It Toward The Common Good, Lawrence G. Baxter
Capture In Financial Regulation: Can We Channel It Toward The Common Good, Lawrence G. Baxter
Cornell Journal of Law and Public Policy
No abstract provided.
In The Federal Government We Trust - Federal Funding For Tribal Water Rights Settlements And The Taos Pueblo Indian Water Rights Settlement Act, Erin B. Agee
Cornell Journal of Law and Public Policy
No abstract provided.
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
Cornell Law Faculty Publications
Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf
Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf
Cornell Law Faculty Publications
In the fall of 2010, Senator Patrick Leahy introduced a bill that would have overridden a New Deal-era federal statute forbidding retired Justices from serving by designation on the Supreme Court of the United States. The Leahy bill would have authorized the Court to recall willing retired Justices to substitute for recused Justices. This Article uses the Leahy bill as a springboard for considering a number of important constitutional and policy questions, including whether the possibility of 4-4 splits justifies the substitution of a retired Justice for an active one; whether permitting retired Justices to substitute for recused Justices would …
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Cornell Law Faculty Publications
Government acts, statements, and symbols that carry the social meaning of second-class citizenship may, as a consequence of that fact, violate the Establishment Clause or the constitutional requirement of equal protection. Yet social meaning is often contested. Do laws permitting same-sex couples to form civil unions but not to enter into marriage convey the social meaning that gays and lesbians are second-class citizens? Do official displays of the Confederate battle flag unconstitutionally convey support for slavery and white supremacy? When public schools teach evolution but not creationism, do they show disrespect for creationists? Different audiences reach different conclusions about the …
Interpreting Tort Law, Emily Sherwin
Interpreting Tort Law, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Cornell International Law Journal
No abstract provided.
Does Access To Justice Improve Compliance With Human Rights Norms - An Empirical Study, Samuel P. Baumgartner
Does Access To Justice Improve Compliance With Human Rights Norms - An Empirical Study, Samuel P. Baumgartner
Cornell International Law Journal
No abstract provided.
Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus
Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus
Cornell International Law Journal
Courts Resisting Courts explores a critical tension in international law: the relationship between international and national courts. Leading theorists assume that autonomous national courts heighten compliance with international human rights regimes. This article challenges this orthodoxy. It focuses on the Inter-American Court of Human Rights, an international court unique in that it orders far-reaching, innovative remedies that invoke action not only by the State's executive, but also the legislature and local courts. Original data reveals that national courts, more than any other branch of government, shirk the Court's rulings. This article turns this insight into a prescription for gaining greater …
A Conflict Of Interests: Privacy, Truth, And Compulsory Dna Testing For Argentina’S Children Of The Disappeared, Elizabeth B. Ludwin King
A Conflict Of Interests: Privacy, Truth, And Compulsory Dna Testing For Argentina’S Children Of The Disappeared, Elizabeth B. Ludwin King
Cornell International Law Journal
From 1976 to 1983, Argentina was ruled by a military dictatorship that disappeared an estimated 30,000 suspected subversives, including parents of young children and pregnant women. Their children, either disappeared along with their parents or born in clandestine detention centers, were then taken from their parents and adopted, often by couples who were sympathetic with the government and knew of the children's origins. This Article addresses Argentina's newest effort to identify these now-adult children: compulsory DNA testing in cases where the raising parents are suspected of having knowingly adopted their children illegally. It argues that, although the mandatory testing permissibly …
Unmanned, Unprecedented, And Unresolved: The Status Of American Drone Strikes In Pakistan Under International Law, Andrew C. Orr
Unmanned, Unprecedented, And Unresolved: The Status Of American Drone Strikes In Pakistan Under International Law, Andrew C. Orr
Cornell International Law Journal
No abstract provided.
Comments On Aziz Rana, The Two Faces Of American Freedom, Richard Bensel
Comments On Aziz Rana, The Two Faces Of American Freedom, Richard Bensel
Cornell Journal of Law and Public Policy
No abstract provided.
The Abortion Informed Consent Debate: More Light, Less Heat, Nadia N. Sawicki
The Abortion Informed Consent Debate: More Light, Less Heat, Nadia N. Sawicki
Cornell Journal of Law and Public Policy
No abstract provided.
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
Cornell Journal of Law and Public Policy
No abstract provided.
Gamestopped: Vernor V. Autodesk And The Future Of Resale, Charles Lopresto
Gamestopped: Vernor V. Autodesk And The Future Of Resale, Charles Lopresto
Cornell Journal of Law and Public Policy
No abstract provided.
The Forgotten Employee Benefit Crisis: Multiemployer Benefit Plans On The Brink, Paul M. Secunda
The Forgotten Employee Benefit Crisis: Multiemployer Benefit Plans On The Brink, Paul M. Secunda
Cornell Journal of Law and Public Policy
No abstract provided.
Lost Causes: Comment On Aziz Rana, The Two Faces Of American Freedom, Nancy L. Rosenblum
Lost Causes: Comment On Aziz Rana, The Two Faces Of American Freedom, Nancy L. Rosenblum
Cornell Journal of Law and Public Policy
No abstract provided.