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Articles 1171 - 1200 of 7213

Full-Text Articles in Law

Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts, Michael Heise, Gregory C. Sisk Feb 2013

Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts, Michael Heise, Gregory C. Sisk

Cornell Law Faculty Publications

We analyze various factors that influence judicial decisions in cases involving Free Exercise Clause or religious accommodation claims and decided by lower federal courts. Religious liberty claims, including those moored in the Free Exercise Clause, typically generate particularly difficult questions about how best to structure the sometimes contentious relation between the religious faithful and the sovereign government. Such difficult questions arise frequently in and are often framed by litigation. Our analyses include all digested Free Exercise and religious accommodation claim decisions by federal court of appeals and district court judges from 1996 through 2005. As it relates to one key …


Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt, Cornell Erulemaking Initiative Jan 2013

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt, Cornell Erulemaking Initiative

Cornell e-Rulemaking Initiative Publications

This essay considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University.

An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …


Restricted Investment In Private Equity: The Volcker Rule's Incursion Into Banking?, Manasa Reddy Gummi Jan 2013

Restricted Investment In Private Equity: The Volcker Rule's Incursion Into Banking?, Manasa Reddy Gummi

Cornell Law School LL.M. Student Research Papers

Investment in private equity originally came from individual investors and corporations. However, over the years institutional investors have become prominent in the investor pool with the hope of achieving risk adjusted returns. Banks have become significant sources of funds in the private equity market. Bank affiliate groups account for a significant share of the private equity activity as well as the banks’ own capital. A distinct feature of a leveraged buyout by a private equity firm as opposed to strategic buyouts and other transactions is the significant reliance on debt financing. Typically, shell companies with substantially no assets would be …


Anti-Competitive Agreements: The Meaning Of “Agreement”, George A. Hay Jan 2013

Anti-Competitive Agreements: The Meaning Of “Agreement”, George A. Hay

Cornell Law Faculty Working Papers

The trend towards convergence of substantive antitrust doctrine means that most jurisdictions now condemn agreements among competitors that fix prices. But that same convergence means that those same jurisdictions must wrestle with the problem of how to establish the existence of an agreement, especially in an oligopolistic industry where high prices could, at least in theory, be the result simply of oligopolistic interdependence. Do we condemn such interdependence? Do we ignore it and require an explicit agreement? Or is there some middle ground? This chapter explores how the U.S. and, to a lesser extent, the EU, have approached the problem …


Regulation Room: Getting "More, Better" Civic Participation In Complex Government Policymaking, Cynthia R. Farina, Dmitry Epstein, Josiah Heidt, Mary J. Newhart Jan 2013

Regulation Room: Getting "More, Better" Civic Participation In Complex Government Policymaking, Cynthia R. Farina, Dmitry Epstein, Josiah Heidt, Mary J. Newhart

Cornell e-Rulemaking Initiative Publications

Purpose – Rulemaking (the process agencies use to make new health, safety, social and economic regulations) is one of the US Government’s most important policymaking methods and has long been a target for e-government efforts. Although broad transparency and participation rights are part of its legal structure, significant barriers prevent effective engagement by many citizens. The paper aims to discuss these issues.

Design/methodology/approach – RegulationRoom.org is an online experimental e-participation platform, designed and operated by Cornell e-rulemaking Initiative (CeRI), the cross-disciplinary CeRI. Using the Regulation Roomas a case study, this paper addresseswhat capacities are required for effective civic engagement and …


The Treaty Power: Its History, Scope And Limits, Oona A. Hathaway, Spencer Amdur, Celia Choy, Samir Deger-Sen Jan 2013

The Treaty Power: Its History, Scope And Limits, Oona A. Hathaway, Spencer Amdur, Celia Choy, Samir Deger-Sen

Cornell Law Review

No abstract provided.


The Dispute Threshold: How The Public Policy Rationale Fails To Guide The Application Of Federal Rule Of Evidence 408, Steve Y. Ma Jan 2013

The Dispute Threshold: How The Public Policy Rationale Fails To Guide The Application Of Federal Rule Of Evidence 408, Steve Y. Ma

Cornell Law Review

No abstract provided.


Liquidation Rights And Incentive Misalignment In Start-Up Financing, Michael Klausner, Stephen Venuto Jan 2013

Liquidation Rights And Incentive Misalignment In Start-Up Financing, Michael Klausner, Stephen Venuto

Cornell Law Review

No abstract provided.


Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin Henning Jan 2013

Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin Henning

Cornell Law Review

No abstract provided.


Foreseeable Issues And Hard Questions: The Implications Of U.S. Courts Recognizing And Enforcing Foreign Arbitral Awards Applying Islamic Law Under The New York Convention, Saad U. Rizwan Jan 2013

Foreseeable Issues And Hard Questions: The Implications Of U.S. Courts Recognizing And Enforcing Foreign Arbitral Awards Applying Islamic Law Under The New York Convention, Saad U. Rizwan

Cornell Law Review

No abstract provided.


Accepting The Limits Of Tax Law And Economics, Alex Raskolnikov Jan 2013

Accepting The Limits Of Tax Law And Economics, Alex Raskolnikov

Cornell Law Review

No abstract provided.


Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese Jan 2013

Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese

Cornell Journal of Law and Public Policy

No abstract provided.


Snake Oil Salesman Or Purveyors Of Knowledge: Off-Label Promotions And The Commercial Speech Doctrine, Constance E. Bagley, Joshua Mitts, Richard J. Tinsley Jan 2013

Snake Oil Salesman Or Purveyors Of Knowledge: Off-Label Promotions And The Commercial Speech Doctrine, Constance E. Bagley, Joshua Mitts, Richard J. Tinsley

Cornell Journal of Law and Public Policy

No abstract provided.


Behind Closed Doors: What Really Happens When Cops Question Kids, Barry C. Feld Jan 2013

Behind Closed Doors: What Really Happens When Cops Question Kids, Barry C. Feld

Cornell Journal of Law and Public Policy

No abstract provided.


Text Yes To Give: An Analysis Of Fec-Permitted Eligibility Criteria In Text-Message-Based Political Donation Systems, Michael A. Magdelinskas Jan 2013

Text Yes To Give: An Analysis Of Fec-Permitted Eligibility Criteria In Text-Message-Based Political Donation Systems, Michael A. Magdelinskas

Cornell Journal of Law and Public Policy

No abstract provided.


Beneath Oceans, Airstrips, And Sports Stadiums: Negative Solution To The Alternative Avenues Timeframe Debate, Peter T. Cavallaro Jan 2013

Beneath Oceans, Airstrips, And Sports Stadiums: Negative Solution To The Alternative Avenues Timeframe Debate, Peter T. Cavallaro

Cornell Journal of Law and Public Policy

No abstract provided.


Human Rights Obligations Of Territorial Non-State Actors, Yael Ronen Jan 2013

Human Rights Obligations Of Territorial Non-State Actors, Yael Ronen

Cornell International Law Journal

No abstract provided.


Non-State Actors In The Middle East: A Challenge For Rationalist Legal Theory, Jeremy Telman Jan 2013

Non-State Actors In The Middle East: A Challenge For Rationalist Legal Theory, Jeremy Telman

Cornell International Law Journal

No abstract provided.


Necessity, Investor Rights, And State Sovereignty For Nafta Investment Arbitration, Cynthia C. Galvez Jan 2013

Necessity, Investor Rights, And State Sovereignty For Nafta Investment Arbitration, Cynthia C. Galvez

Cornell International Law Journal

No abstract provided.


Wargaming The Arab Spring: Predicting Likely Outcomes And Planning U.N. Responses, Hannibal Travis Jan 2013

Wargaming The Arab Spring: Predicting Likely Outcomes And Planning U.N. Responses, Hannibal Travis

Cornell International Law Journal

No abstract provided.


The Applicability Of The Duress Defense To The Killing Of Innocent Persons By Civilians, Sarah J. Heim Jan 2013

The Applicability Of The Duress Defense To The Killing Of Innocent Persons By Civilians, Sarah J. Heim

Cornell International Law Journal

No abstract provided.


Res Judicata And Forum Non Conveniens In International Litigation, Daniel S. Sternberg Jan 2013

Res Judicata And Forum Non Conveniens In International Litigation, Daniel S. Sternberg

Cornell International Law Journal

No abstract provided.


Libor Integrity And Holistic Domestic Enforcement, Milson C. Yu Jan 2013

Libor Integrity And Holistic Domestic Enforcement, Milson C. Yu

Cornell Law Review

No abstract provided.


Contrition In The Courtroom: Do Apologies Affect Adjudication, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich Jan 2013

Contrition In The Courtroom: Do Apologies Affect Adjudication, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich

Cornell Law Review

No abstract provided.


The Merger Agreement Myth, Jeffrey Manns, Robert Anderson Iv Jan 2013

The Merger Agreement Myth, Jeffrey Manns, Robert Anderson Iv

Cornell Law Review

No abstract provided.


Virtual Assembly, John D. Inazu Jan 2013

Virtual Assembly, John D. Inazu

Cornell Law Review

No abstract provided.


Pleading Guilty To Death: Protecting The Capital Defendant’S Sixth Amendment Right To A Jury Sentencing After Entering A Guilty Plea, Sarah Breslow Jan 2013

Pleading Guilty To Death: Protecting The Capital Defendant’S Sixth Amendment Right To A Jury Sentencing After Entering A Guilty Plea, Sarah Breslow

Cornell Law Review

No abstract provided.


Carrots And Sticks: How Vsc Induce Entrepreneurial Teams To Sell Startups, Brian Broughman, Jesse M. Fried Jan 2013

Carrots And Sticks: How Vsc Induce Entrepreneurial Teams To Sell Startups, Brian Broughman, Jesse M. Fried

Cornell Law Review

No abstract provided.


Reviving The Paper Patent Doctrine, John F. Duffy Jan 2013

Reviving The Paper Patent Doctrine, John F. Duffy

Cornell Law Review

No abstract provided.


Monte Carlo Simulation Of Contractual Provisions: An Application To Default Provisions In Venture Capital Limited Partnership Agreements, Kate Litvak Jan 2013

Monte Carlo Simulation Of Contractual Provisions: An Application To Default Provisions In Venture Capital Limited Partnership Agreements, Kate Litvak

Cornell Law Review

No abstract provided.