Law Commons^™

A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court's Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily C. Paavola

Cornell Law Faculty Publications

This article examines empirically the capital cases decided by the lower courts since the United States Supreme Court created the categorical ban against the execution of persons with intellectual disability twelve years ago in the Atkins decision.

Reflections On The Korean Jury Trial, Valerie P. Hans

Cornell Law Faculty Publications

Korea's experience with its new jury system offers many lessons for those interested in juries and jury reform worldwide. Aiming for a unique jury system that was ideally suited to Korean citizens and their legal system, those who crafted Korea's jury incorporated elements of both classic jury systems and mixed tribunals. Initially, the jury deliberates on guilt independently of the judge, but the procedure includes optional as well as mandatory opportunities for the presiding judge to advise the jury during its deliberation. The Korean jury delivers an advisory rather than binding jury verdict. These and other features of the Korean …

Fast-Food Workers Fight For A Raise And Create A Movement, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.

Finding Order In The Morass: The Three Real Justifications For Piercing The Corporate Veil, Jonathan Macey, Joshua Mitts

Cornell Law Review

No abstract provided.

The Unexonerated: Factually Innocent Defendants Who Plead Guilty, John H. Blume, Rebecca K. Helm

Cornell Law Review

No abstract provided.

Plaintiphobia In The Supreme Court, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Review

No abstract provided.

Why Salinas V. Texas Blurs The Line Between Voluntary Interviews And Custodial Interrogations, Brian Donovan

Cornell Law Review

No abstract provided.

The First Amendment In The Public School Classroom: A Cognitive Theory Approach, Rosina E. Mummolo

Cornell Law Review

No abstract provided.

Text And Context: Contract Interpretation As Contract Design, Ronald J. Gilson, Charles F. Sabel, Robert E. Scott

Cornell Law Review

No abstract provided.

Precedent In Contract Cases And The Importance(?) Of The Whole Story, Robert A. Hillman

Cornell Law Faculty Working Papers

I am honored to contribute to this symposium in honor of Bill Whitford. I have been an admirer of Bill's work for the past 39 years, which encompasses my entire teaching career. Bill's scholarship on contracts and consumer law in his law review articles and in his casebook, Contracts: Law in Action, now in its third edition with Macaulay, Braucher, and Kidwell, confirms the importance of examining the non-legal forces at work in exchange transactions, the sometimes tenuous relationship between contract rules and legal decisions, the limitations of legal opinions, and the value of focusing on the relationship of contracting …

Anarchy, Status Updates, And Utopia, James Grimmelmann

Cornell Law Faculty Publications

Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; Paypal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.

Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power there is also social power. Whenever people come together …

The Limits Of Private Ordering Within Modern Financial Markets, Dan Awrey

Cornell Law Faculty Publications

From standardized contracts for loans, repurchase agreements, and derivatives, to stock exchanges and alternative trading platforms, to benchmark interest and foreign exchange rates, private market structures play a number of important roles within modern financial markets. These market structures hold out a number of significant benefits. Specifically, by harnessing the powerful incentives of market participants, these market structures can help lower information, agency, coordination, and other transaction costs, enhance the process of price discovery, and promote greater market liquidity. Simultaneously, however, successful market structures are the source of significant and often overlooked market distortions. These distortions--or limits of private ordering--stem …

Consuming Identities: Law, School Lunches, And What It Means To Be American, Melissa Mortazavi

Cornell Journal of Law and Public Policy

No abstract provided.

Neither Friend Nor Follower: Ethical Boundaries On The Lawyer's Use Of Social Media, Robert Keeling, Tami Weerasingha-Cote, John Paul Schnapper-Casteras

Cornell Journal of Law and Public Policy

No abstract provided.

Chartering A New Course In Statutory Interpretation: A Commentary On Richard Ekins' The Nature Of Legislative Intent, Donald L. Drakeman

Cornell Journal of Law and Public Policy

No abstract provided.

Testing Solutions For Adult Film Performers, Zachary R. Bergman

Cornell Journal of Law and Public Policy

No abstract provided.

The Uprooting Of The American Dream: The Diminished And Deferred Rights Of The U.S. Citizen Child In The Immigration Context, Joanne Joseph

Cornell Journal of Law and Public Policy

No abstract provided.

Health Law As Social Justice, Lindsay F. Wiley

Cornell Journal of Law and Public Policy

No abstract provided.

Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulationroom Project, Cynthia R. Farina, Hoi Kong, Cheryl Blake, Mary J. Newhart, Nik Luka

Cornell Law Faculty Publications

Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises-that is, they involve a limited number of participants, often selected to achieve a …

Qualified Immunity For Civil Rights Violations: Refining The Standard , John D. Kirby

Cornell Law Review

No abstract provided.

Chastain V. Sunquist: A Narrow Reading Of The Doctrine Of Legislative Immunity , Richard D. Batchelder Jr.

Cornell Law Review

No abstract provided.

Drafting Chapter 2 Of The Ali's Employment Law Restatement In The Shadow Of Contract Law: An Assessment Of The Challenges And Results, Robert A. Hillman

Cornell Law Faculty Working Papers

The American Law Institute (ALI) has just completed the Restatement of the Law Third, Employment Law. Chapter 2 is entitled "Employment Contracts: Termination." As the name suggests, the Chapter focuses on the law's difficult challenge of applying contract law to distinguish lawful terminations of employees from wrongful ones. The question is especially problematic because, on the one hand, employment law's long-existing default rule allows employers to terminate employees "at will" and without cause. Advocates of the at-will doctrine present several policies to support it, including freedom of contract and efficiency. On the other hand, employers seek to attract talented employees …

Settling International Business Disputes With China: Then And Now, Jerome A. Cohen

Cornell International Law Journal

No abstract provided.

Reverse Cross-Listings - The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas Calcina Howson, Vikramaditya S. Khanna

Cornell International Law Journal

No abstract provided.

Behind The Mirage In The Desert - Customary Land Rights And The Legal Framework Of Land Grabs, Fatmata S. Kabia

Cornell International Law Journal

No abstract provided.

The Political Logic Of Corporate Governance In China's State-Owned Enterprises, Jiangyu Wang

Cornell International Law Journal

No abstract provided.

Caribbean Court Of Justice: A Horizontally And Vertically Comparative Study Of The Caribbean's First Independent And Interdependent Court, Andrew N. Maharajh

Cornell International Law Journal

No abstract provided.

Three International Courts And Their Constitutional Problems, Eugene Kontorovich

Cornell Law Review

No abstract provided.

New Territorialism And Old Territorialism, Jenny S. Martinez

Cornell Law Review

No abstract provided.

China's Financial System And The Law, Franklin Allen, Jun Qian

Cornell International Law Journal

No abstract provided.