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Articles 1321 - 1350 of 7213

Full-Text Articles in Law

Judicial Takings Or Due Process, Eduardo M. Peñalver, Lior Jacob Strahilevitz Jan 2012

Judicial Takings Or Due Process, Eduardo M. Peñalver, Lior Jacob Strahilevitz

Cornell Law Review

No abstract provided.


Children’S Rights And A Capabilities Approach: The Question Of Special Priority, Rosalind Dixon, Martha C. Nussbaum Jan 2012

Children’S Rights And A Capabilities Approach: The Question Of Special Priority, Rosalind Dixon, Martha C. Nussbaum

Cornell Law Review

No abstract provided.


Self-Government And The Declaration Of Independence, Alexander Tsesis Jan 2012

Self-Government And The Declaration Of Independence, Alexander Tsesis

Cornell Law Review

No abstract provided.


Shareholder Eugenics In The Public Corporation, Edward B. Rock Jan 2012

Shareholder Eugenics In The Public Corporation, Edward B. Rock

Cornell Law Review

No abstract provided.


Patent Holdup, The Itc, And The Public Interest, Colleen V. Chien, Mark A. Lemley Jan 2012

Patent Holdup, The Itc, And The Public Interest, Colleen V. Chien, Mark A. Lemley

Cornell Law Review

No abstract provided.


Inseverability, Religious Exemptions, And New York’S Same-Sex Marriage Law, Christopher W. Dickson Jan 2012

Inseverability, Religious Exemptions, And New York’S Same-Sex Marriage Law, Christopher W. Dickson

Cornell Law Review

No abstract provided.


Credit Card Pricing: The Card Act And Beyond, Oren Bar-Gill, Ryan Bubb Jan 2012

Credit Card Pricing: The Card Act And Beyond, Oren Bar-Gill, Ryan Bubb

Cornell Law Review

No abstract provided.


Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson Jan 2012

Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson

Cornell Journal of Law and Public Policy

This Article argues that filling the energy governance gaps regarding unconventional natural gas can best be accomplished through collaborative governance that is genuinely adaptive and cooperative. Through cooperative federalism, combined with procedural rights for inclusive, innovative decision-making, state and non-state actors should design and implement the requisite safeguards before further natural gas development advances. Hydraulic fracturing provisions are strikingly fragmented and have sparked a fierce debate about chemical disclosure, radioactive wastewater disposal, and greenhouse gas emissions. United States natural gas production may stunt the direction and intensity of renewable energy by up to two decades and will not provide a …


Welcome To The Wild West: Protecting Access To Cross Border Fertility Care In The United States, Kimberly M. Mutcherson Jan 2012

Welcome To The Wild West: Protecting Access To Cross Border Fertility Care In The United States, Kimberly M. Mutcherson

Cornell Journal of Law and Public Policy

As has been the case with other types of medical tourism, the phenomenon of cross border fertility care ("CBFC") has sparked concern about the lack of global or even national harmonization in the regulation of the fertility industry. The diversity of laws around the globe leads would-be parents to forum shop for a welcoming place to make babies. Focusing specifically on the phenomenon of travel to the United States, this Article takes up the question of whether there should be any legal barriers to those who come to the United States seeking CBFC. In part, CBFC suffers from the same …


Documenting Death: Public Access To Government Death Records And Attendant Privacy Concerns, Jeffrey R. Boles Jan 2012

Documenting Death: Public Access To Government Death Records And Attendant Privacy Concerns, Jeffrey R. Boles

Cornell Journal of Law and Public Policy

This Article examines the contentious relationship between public rights to access government-held death records and privacy rights concerning the deceased, whose personal information is contained in those same records. This right of access dispute implicates core democratic principles and public policy interests. Open access to death records, such as death certificates and autopsy reports, serves the public interest by shedding light on government agency performance, uncovering potential government wrongdoing, providing data on public health trends, and aiding those investigating family history, for instance. Families of the deceased have challenged the release of these records on privacy grounds, as the records …


Suburban Climate Change Efforts: Possibilities For Small And Nimble Cities Participating In State, Regional, National, And International Networks, Hari M. Osofsky Jan 2012

Suburban Climate Change Efforts: Possibilities For Small And Nimble Cities Participating In State, Regional, National, And International Networks, Hari M. Osofsky

Cornell Journal of Law and Public Policy

No abstract provided.


When Schools Refuse To Say Gay: The Constitutionality Of Anti-Lgbtq No-Promo-Homo Public School Policies In The United States, Ashley E. Mcgovern Jan 2012

When Schools Refuse To Say Gay: The Constitutionality Of Anti-Lgbtq No-Promo-Homo Public School Policies In The United States, Ashley E. Mcgovern

Cornell Journal of Law and Public Policy

No abstract provided.


Sexual Assault Victims V. Pro Se Defendants: Does Washington’S Proposed Legislation Sufficiently Protect Both Sides, Linda Mohammadian Jan 2012

Sexual Assault Victims V. Pro Se Defendants: Does Washington’S Proposed Legislation Sufficiently Protect Both Sides, Linda Mohammadian

Cornell Journal of Law and Public Policy

No abstract provided.


Social Networking And The Fourth Amendment: Location Tracking On Facebook, Twitter, And Foursquare, Lisa A. Schmidt Jan 2012

Social Networking And The Fourth Amendment: Location Tracking On Facebook, Twitter, And Foursquare, Lisa A. Schmidt

Cornell Journal of Law and Public Policy

No abstract provided.


France’S Repatriation Of Roma: Violation Of Fundamental Freedoms, Caitlin T. Gunther Jan 2012

France’S Repatriation Of Roma: Violation Of Fundamental Freedoms, Caitlin T. Gunther

Cornell International Law Journal

No abstract provided.


The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh Jan 2012

The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh

Cornell International Law Journal

The dual enforcement regime of the International Criminal Court constitutes a fundamental pillar of the Rome Statute of the International Criminal Court and represents a novel system within the history of international criminal law. This article is the first to focus on the emerging practice of the Court as it begins developing and implementing this unique enforcement regime. Drawing directly from the recent history within the Presidency and focusing on the current activities of the Trust Fund for Victims, this Article explains how, why, and in what direction the Court's enforcement practice is evolving.


Place Aux Dames: The Ideological Divide Between U.S. And European Gender Discrimination Laws, Jens Dammann Jan 2012

Place Aux Dames: The Ideological Divide Between U.S. And European Gender Discrimination Laws, Jens Dammann

Cornell International Law Journal

The United States and the European Union are both firmly committed to eliminating gender discrimination. However, as I show in this Article, they have adopted fundamentally different strategies in pursuing this objective: Whereas the United States offers plaintiffs much more generous procedural rules and far more powerful remedies, the European Union relies on more comprehensive substantive prohibitions against discrimination. What lies behind these different approaches? Contrary to existing scholarship, which emphasizes path dependence arguments, I argue that differences between gender discrimination laws in the United States and Europe can best be understood as the result of a fundamental ideological divide. …


All That Is Gold Does Not Glitter In Human Clinical Research: A Law-Policy Proposal To Brighten The Global Gold Standard For Drug Research And Development, Michael J. Malinowski, Grant G. Gautreaux Jan 2012

All That Is Gold Does Not Glitter In Human Clinical Research: A Law-Policy Proposal To Brighten The Global Gold Standard For Drug Research And Development, Michael J. Malinowski, Grant G. Gautreaux

Cornell International Law Journal

This Article challenges the global science standard for putting new drugs on pharmacy shelves. The primary premise is that the "gold standard" of group experimental design is an antiquated extension of drug development's crude-science past, and is inconsistent with the precision of contemporary genetics-the science that increasingly dominates the drug development pipeline. The Article identifies law-policy options that would raise the standard for human clinical research under the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use.


Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum Jan 2012

Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum

Cornell International Law Journal

No abstract provided.


Saving The Euro: Tensions With European Treaty Law In The European Union’S Efforts To Protect The Common Currency, Boris Ryvkin Jan 2012

Saving The Euro: Tensions With European Treaty Law In The European Union’S Efforts To Protect The Common Currency, Boris Ryvkin

Cornell International Law Journal

No abstract provided.


Fannie Mae And Freddie Mac: A Bibliography, David J. Reiss Jan 2012

Fannie Mae And Freddie Mac: A Bibliography, David J. Reiss

Cornell Law Faculty Working Papers

This is an unannotated bibliography of writings about Fannie Mae and Freddie Mac as well as some material that covers other government sponsored enterprises such as the Federal Home Loan Bank System. While it is comprehensive, it is not exhaustive, with a focus on work published through 2011 by government agencies, economists, legal and policy scholars, private sector analysts and think tanks. It does not include Congressional testimony and shorter works. This bibliography will be posted on Wikipedia so that others can make additions to it.


Regulation Of Subprime And Predatory Lending, David J. Reiss Jan 2012

Regulation Of Subprime And Predatory Lending, David J. Reiss

Cornell Law Faculty Working Papers

The bust of the subprime market in the mid-2000s led to the global financial crisis of the late 2000s. This crisis has virtually ended subprime lending for the current credit cycle. Most subprime lenders have gone out of business or merged with other financial institutions. The remaining financial institutions have tightened their underwriting so that they no longer lend to those with subprime credit profiles. It is likely, however, that subprime lending will return in some form once the credit cycle turns. Other than the recent amendments to Regulation Z, the regulation of subprime and predatory lending has not changed …


Hon. Ellsworth A. Van Graafeiland, Charles K. Whitehead Jan 2012

Hon. Ellsworth A. Van Graafeiland, Charles K. Whitehead

Cornell Law Review

No abstract provided.


Can The Rule Of Law Survive Judicial Politics, Charles Gardner Geyh Jan 2012

Can The Rule Of Law Survive Judicial Politics, Charles Gardner Geyh

Cornell Law Review

No abstract provided.


Moral Character, Motive, And The Psychology Of Blame, Janice Nadler, Mary-Hunter Mcdonnell Jan 2012

Moral Character, Motive, And The Psychology Of Blame, Janice Nadler, Mary-Hunter Mcdonnell

Cornell Law Review

No abstract provided.


The Age Of Consent: When Is Sexting No Longer Speech Integral To Criminal Conduct, Antonio M. Haynes Jan 2012

The Age Of Consent: When Is Sexting No Longer Speech Integral To Criminal Conduct, Antonio M. Haynes

Cornell Law Review

No abstract provided.


Vacation At The Farm: Why Courts Should Not Extend Remand Without Vacation To Environmental Deregulation, Benjamin W. Tettlebaum Jan 2012

Vacation At The Farm: Why Courts Should Not Extend Remand Without Vacation To Environmental Deregulation, Benjamin W. Tettlebaum

Cornell Law Review

No abstract provided.


The Framework(S) Of Legal Change, Toby J. Heytens Jan 2012

The Framework(S) Of Legal Change, Toby J. Heytens

Cornell Law Review

No abstract provided.


Hierarchy And Heterogeneity: How To Read A Statute In A Lower Court, Aaron-Andrew P. Bruhl Jan 2012

Hierarchy And Heterogeneity: How To Read A Statute In A Lower Court, Aaron-Andrew P. Bruhl

Cornell Law Review

No abstract provided.


Standing In Nuclear Waste: Challenging The Disposal Of Yucca Mountain, Megan Easley Jan 2012

Standing In Nuclear Waste: Challenging The Disposal Of Yucca Mountain, Megan Easley

Cornell Law Review

No abstract provided.