Law Commons^™

The Right Not To Use In Property And Patent Law, Oskar Liivak, Eduardo M. Peñalver

Cornell Law Review

No abstract provided.

Law And Entrepreneurial Opportunities, D. Gordon Smith, Darian M. Ibrahim

Cornell Law Review

No abstract provided.

Redrawing The Public-Private Boundaries In Entrepreneurial Capital Raising, Robert B. Thompson, Donald C. Langevoort

Cornell Law Review

No abstract provided.

The English Versus The American Rule On Attorney Fees: An Empirical Study Of Public Company Contracts, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Review

No abstract provided.

Annexation On The Jury’S Role In Res Judicata Disputes: The Silent Migration From Question Of Fact To Question Of Law, Steven J. Madrid

Cornell Law Review

No abstract provided.

The Dual Face Of The American Jury: The Antiauthoritarian And Antimajoritarian Hero And Villain In American Law And Legal Scholarship, Stacey P. Eilbaum

Cornell Law Review

No abstract provided.

The Regulator Effect In Financial Regulation, Jonathan R. Macey

Cornell Law Review

No abstract provided.

Demystifying Conceptual Severance: A Comparative Study Of The United States, Canada, And The European Court Of Human Rights, Angela Chang

Cornell Law Review

No abstract provided.

The Neutral Road: Toward Complete Independence Of The Federal Reserve System, Chad M. Pollard

Cornell Law Review

No abstract provided.

Deconstructing Independent Agencies (And Executive Agencies), Kirti Datla, Richard L. Revesz

Cornell Law Review

No abstract provided.

The Split Benefit: The Painless Way To Put Skin Back In The Health Care Game, Christopher Robertson

Cornell Law Review

No abstract provided.

The Last Temptation Of Congress: Legislator Insider Trading And The Fiduciary Norm Against Corruption, Sung Hui Kim

Cornell Law Review

No abstract provided.

The Social Production Of National Security, Aziz Z. Huq

Cornell Law Review

No abstract provided.

Political Speech And Association Rights After Knox V. Seiu, Local 1000, Catherine L. Fisk, Erwin Chemerinsky

Cornell Law Review

No abstract provided.

The Illegal Process: Basic Problems In The Making And Application Of Censorship, James Grimmelmann

Cornell Law Faculty Publications

This essay is a response to Derek Bambauer's article Orwell's Armchair, which proposes "[a] statute enabling censorship of Internet material." Bambauer's theory is process-oriented: it focuses on the institutions that engage in censorship and the procedures that they follow. Accordingly, the essay examines his arguments through the lens of the canonical Legal Process text: Hart and Sacks' The Legal Process. A series of notes and queries inquire whether his proposed statute would limit censorship, regularize it, or legitimate it.

Future Conduct And The Limits Of Class-Action Settlements, James Grimmelmann

Cornell Law Faculty Publications

This Article identifies a new and previously unrecognized trend in class-action settlements: releases for the defendant’s future conduct. Such releases, which hold the defendant harmless for wrongs it will commit in the future, are unusually dangerous to class members and to the public. Even more than the “future claims” familiar to class-action scholars, future-conduct releases pose severe informational problems for class members and for courts. Worse, they create moral hazard for the defendant, give it concentrated power, and thrust courts into a prospective planning role they are ill-equipped to handle.

Courts should guard against the dangers of future-conduct releases with …

A Randomized Experiment Assessing The Accuracy Of Microsoft's "Bing It On" Challenge, Ian Ayres, Emad H. Atiq, Sheng Li, Michelle Lu, Tom Maher, Christine Tsang

Cornell Law Faculty Publications

In advertisements associated with its "Bing It On" campaign, Microsoft claimed that "people preferred Bing web search results nearly 2:1 over Google in blind comparison tests." We tested Microsoft's claims by way of a randomized experiment involving U.S.-based Amazon's. Mechanical Turk ("MTurk") subjects and conducted on Microsoft's own www.bingiton.com website. We found that (i) a statisticallysignificant majority of participants preferred Google search results to Bing search results (53% to 41%); and (ii) participants were significantly less likely to prefer Bing results when randomly assigned to use popular search terms or self-selected search terms instead of the search terms Microsoft recommends …

Bretton Woods 1.0: A Constructive Retrieval For Sustainable Finance, Robert C. Hockett

Cornell Law Faculty Publications

Global trade imbalance and domestic financial fragility are intimately related. When a nation runs persistently massive current account deficits to maintain global liquidity as has the United States now for decades, its central bank effectively relinquishes exchange rate flexibility to become a de facto central bank to the world. That in turn prevents the bank from playing its essential credit-modulatory role at home, at least absent strict capital controls that are difficult to administer and have long been taboo. And this can in turn render credit-fueled asset price bubbles and busts all but impossible to prevent, irrespective of the nation's …

Community-Scale Renewable Energy, Hannah J. Wiseman, Sara C. Bronin

Cornell Law Faculty Publications

As the movement toward cleaner energy has gained momentum within the United States, a growing number of scholars and policymakers have made the case for community-scale renewable energy: mid-sized energy sources supported by resources pooled from several private parties in close geographic proximity. When built and utilized at the community level, these energy facilities may allow for economies of scale that their owners could not achieve working individually. Individual distributed generation, such as solar infrastructure on the roofs of homes, involves high transaction costs and creates relatively small impacts. At the same time, community-scale renewable energy has advantages over large-scale …

A Tale Of Two Cities: From Davids Holdings To Metcash, George A. Hay, E. Jane Murdoch

Cornell Law Faculty Publications

In 1994, the Full Federal Court upheld the decision of the trial judge to prevent the acquisition of QIW by Davids, on the grounds that, Davids would become the only supplier of groceries to independent retailers in the geographic market. While the independent retailers faced significant competition in the downstream (retail) business from the integrated retail chains, the Court found that such competition would not be sufficient to prevent the exercise of monopoly power in the upstream (wholesale) business.

In 2011, the Full Federal Court upheld the decision of the trial judge not to prevent the acquisition by Metcash of …

Litigation As A Measure Of Well-Being, Theodore Eisenberg, Sital Kalantry, Nick Robinson

Cornell Law Faculty Publications

No abstract provided.

Paying Paul And Robbing No One: An Eminent Domain Solution For Underwater Mortgage Debt, Robert C. Hockett

Cornell Law Faculty Publications

In the view of many analysts, the best way to assist “underwater” homeowners — those who owe more on their mortgages than their houses are worth — is to reduce the principal on their home loans. Yet in the case of privately securitized mortgages, such write-downs are almost impossible to carry out, since loan modifications on the scale necessitated by the housing market crash would require collective action by a multitude of geographically dispersed security holders. The solution, this study suggests, is for state and municipal governments to use their eminent domain powers to buy up and restructure underwater mortgages, …

Jury Jokes And Legal Culture, Valerie P. Hans

Cornell Law Faculty Publications

No abstract provided.

Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton

Cornell Law Faculty Publications

International lawyers are familiar with the concept of extraterritoriality the application of one country's laws to persons, conduct, or relationships outside of that country. Yet the transborder application of law is not limited to international cases. In many states, the presence of indigenous peoples, often within defined borders, creates an analogous puzzle. This Article begins a comparative study of foreign- and native-affairs law by examining the application of domestic laws to foreign facts ("extraterritoriality") and to indigenous peoples, often called "nations" ("extranationality"). Using a distinctive double-comparative perspective, this Article analyzes extraterritoriality and extranationality across three countries: the United States, Canada, …

A Federalist Blessing In Disguise: From National Inaction To Local Action On Underwater Mortgages, Robert C. Hockett, John Vlahoplus

Cornell Law Faculty Publications

While it is widely recognized that the mortgage debt overhang left by the housing price bubble and bust continues to operate as the principal drag upon U.S. macroeconomic recovery, few seem to appreciate just how locally concentrated the problem is. This paper takes the measure of the national mortgage debt overhang problem as a cluster of local problems warranting local action. It then elaborates on one form of such action that the localized nature of the ongoing mortgage crisis justifies - use of municipal eminent domain authority to purchase underwater loans, then modify them in a manner that benefits debtors, …

On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn A. Stout

Cornell Law Faculty Publications

No abstract provided.

Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory S. Alexander

Cornell Law Faculty Publications

Private property ordinarily triggers notions of individual rights, not social obligations. The core image of property rights, in the minds of most people, is that the owner has a right to exclude others and owes no further obligation to them. That image is highly misleading. Property owners owe far more responsibilities to others, both owners and non-owners, than the conventional imagery of property rights suggests. Property rights are inherently relational, and because of this characteristic, owners necessarily owe obligations to others. But the responsibility, or obligation, dimension of private ownership has been sorely under-theorised. Inherent in the concept of ownership …

International Law, Dignity, Democracy, And The Arab Spring, Jordan J. Paust

Cornell International Law Journal

No abstract provided.

Nullifying The Debt Ceiling Threat Once And For All: Why The President Should Embrace The Least Unconstitutional Option, Neil H. Buchanan, Michael C. Dorf

Cornell Law Faculty Publications

In August 2011, Congress and the President narrowly averted economic and political catastrophe, agreeing at the last possible moment to authorize a series of increases in the national debt ceiling. This respite, unfortunately, was merely temporary. The amounts of the increases in the debt ceiling that Congress authorized in 2011 were only sufficient to accommodate the additional borrowing that would be necessary through the end of 2012. In an economy that continued to show chronic weakness -- weakness that continues to this day -- the federal government would predictably continue to collect lower-than-normal tax revenues and to make higher-than-normal expenditures, …

Liquid Assets: Groundwater In Texas, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.