Law Commons^™

Without A Leg To Stand On - Class Representatives, Federal Courts, And Standing Desiderata, Daniel D. Devougas

Cornell Law Review

No abstract provided.

Announcing Remedies, Samuel L. Bray

Cornell Law Review

No abstract provided.

Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda C. Pustilnik

Cornell Law Review

No abstract provided.

Hidden Or On The Hip: The Right(S) To Carry After Heller, James Bishop

Cornell Law Review

No abstract provided.

Have No Fear (Of Piling Inference Upon Inference): How United States V. Comstock Can Save The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act, Margaret K. O'Leary

Cornell Law Review

No abstract provided.

The Consumer Financial Protection Bureau: Financial Regulation For The Twenty-First Century, Leonard J. Kennedy, Patricia A. Mccoy, Ethan Bernstein

Cornell Law Review

No abstract provided.

The Limits Of Name-And-Shame In International Financial Regulation, Edward F. Greene, Joshua L. Boehm

Cornell Law Review

No abstract provided.

Political Economy Of Dodd-Frank: Why Financial Reform Tends To Be Frustrated And Systemic Risk Perpetuated, John C. Coffee Jr.

Cornell Law Review

No abstract provided.

Dodd-Frank’S Say On Pay: Will It Lead To A Greater Role For Shareholders In Corporate Governance, Randall S. Thomas, Alan R. Palmiter, James F. Cotter

Cornell Law Review

No abstract provided.

Jasmine Revolutions, Anupam Chander

Cornell Law Review

No abstract provided.

Limitless Limitations: How War Overwhelms Criminal Statutes Of Limitations, Paul D. Swanson

Cornell Law Review

No abstract provided.

Interactive Contracting In Social Networks, Mark Allen Chen

Cornell Law Review

No abstract provided.

Circumvention Tourism, I. Glenn Cohen

Cornell Law Review

No abstract provided.

Judging Sex, Deborah Tuerkheimer

Cornell Law Review

No abstract provided.

Habeas Corpus And Due Process, Brandon L. Garrett

Cornell Law Review

No abstract provided.

Managerial Judging: The 9/11 Responders’ Tort Litigation, Alvin K. Hellerstein, James A. Henderson Jr., Aaron D. Twerski

Cornell Law Review

No abstract provided.

That Which We Call A Bank: Revisiting The History Of Bank Holding Company Regulations In The United States, Saule T. Omarova, Tahyar E. Margaret

Cornell Law Faculty Publications

This Article does not purport to present an exhaustive and detailed analysis of the entire political or economic history of bank holding company regulation in the United States. Rather, its goal is to examine one particular aspect of that history-the evolution of the BHCA definition of "bank" and the principal exemptions from that definition. Incomplete as it may be, this story highlights some of the key economic, social and political factors that shaped the current institutional structure of the U.S. financial services market and regulation. Without a thorough understanding of the genesis of that structure, it is difficult to envision …

The Constitutional Imaginary: Just Stories About We The People, Gerald Torres, Lani Guinier

Cornell Law Faculty Publications

No abstract provided.

Sealand, Havenco, And The Rule Of Law, James Grimmelmann

Cornell Law Faculty Publications

In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …

New Thinking On "Shareholder Primacy", Lynn A. Stout

Cornell Law Faculty Publications

By the beginning of the twenty-first century, many observers had come to believe that U.S. corporate law should, and does, embrace a "shareholder primacy" rule that requires corporate directors to maximize shareholder wealth as measured by share price. This Essay argues that such a view is mistaken.

As a positive matter, U.S. corporate law and practice does not require directors to maximize "shareholder value" but instead grants them a wide range of discretion, constrained only at the margin by market forces, to sacrifice shareholder wealth in order to benefit other constituencies and the firm itself. Although recent "reforms" designed to …

The New Illegitimacy: Children Of Cohabiting Couples And Stepchildren, Cynthia Grant Bowman

Cornell Law Faculty Publications

The legal treatment of children of unmarried parents and stepchildren must be changed if they are not to be disadvantaged in comparison with children of married parents. With respect to the areas of law discussed in this Article, legal reform is necessary in a variety of situations in which legitimate children receive what is the functional equivalent of posthumous support-that is, inheritance in the absence of a will, social security survivors benefits, workers' compensation, and tort suits for wrongful death and loss of consortium. Cohabitants and stepchildren of both married and unmarried parents should be added to the persons listed …

Foundations Of Federal Housing Policy, David J. Reiss

Cornell Law Faculty Publications

Federal housing policy is heavily funded and made up of a morass of programs. This book chapter provides a taxonomy of goals for housing policy. The chapter first asks what the aim of housing policy is. In other words, what can a well-designed and executed housing policy achieve? The answer to this question is not at all clear-cut. Some argue that the aim of housing policy is to allow all Americans to live in safe, well-maintained and affordable housing. Others argue for a more modest aim – achieving an income transfer to low- and moderate-income families that mandates that the …

Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor

Cornell Law Faculty Publications

"Lennie" refers to Lennie Small, the intellectually disabled character in John Steinbeck's famous novella Of Mice and Men, which tells the story of two Depression-era wandering farmhands, George and Lennie, who dream of getting their own stake and living "off the fat of the land." Their dream dies hard when Lennie accidently kills the young, beautiful, and flirtatious wife of a ranch owner's son and then tries to cover it up because he realizes that he has "done a bad thing." George, in turn, kills Lennie to prevent him from being lynched or tried for murder.

Lennie was doomed …

Law, Environment, And The “Nondismal” Social Sciences, William Boyd, Douglas Kysar, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Over the past 30 years, the influence of economics over the study of environmental law and policy has expanded considerably, becoming in the process the predominant framework for analyzing regulations that address pollution, natural resource use, and other environmental issues. This review seeks to complement the expansion of economic reasoning and methodology within the field of environmental law and policy by identifying insights to be gleaned from various “nondismal” social sciences. In particular, three areas of inquiry are highlighted as illustrative of interdisciplinary work that might help to complement law and economics and, in some cases, compensate for it: the …

Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk

Cornell Law Faculty Publications

We analyze various influences on judicial outcomes favoring religion in cases involving elementary and secondary schools and decided by lower federal courts. A focus on religion in the school context is warranted as the most difficult and penetrating questions about the proper relationship between Church and State have arisen with special frequency, controversy, and fervor in the often-charged atmosphere of education. Schools and the Religion Clauses collide persistently, and litigation frames many of these collisions. Also, the frequency and magnitude of these legal collisions increase as various policy initiatives increasingly seek to leverage private and religious schools in the service …

Defending The Right To Do Wrong, Ori J. Herstein

Cornell Law Faculty Publications

Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder's wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one's violation of one's own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition for an autonomous life and for autonomous moral self-constitution. This view has its critics. Responding to these objections reveals …

Freedom Struggles And The Limits Of Constitutional Continuity, Aziz Rana

Cornell Law Faculty Publications

This Essay challenges the view that although the actual and everyday Constitution may be riddled with real injustices, progressives should maintain faith in an idealized document and should see the shared language of constitutionalism as the privileged instrument for redeeming political life. Instead, it argues that faith should reside in an ideal of effective and equal freedom alone. Indeed, such a commitment may at key moments require pursuing constitutional rupture and rejection. The Essay highlights this point by reinterpreting two central decisions from the Civil War and Reconstruction eras: The Prize Cases (1863) and Ex parte Milligan (1866). These cases …

The Limits Of International Law: Efforts To Enforce Rulings Of The International Court Of Justice In U.S. Death Penalty Cases, Sandra L. Babcock

Cornell Law Faculty Publications

Since the Supreme Court reinstated the death penalty in 1976, the United States has executed twenty-eight foreign nationals from fifteen different countries. Most of those foreign nationals were never informed of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations, a treaty the United States ratified in 1969. Violations of Article 36 in capital cases have caused consternation in foreign capitals and endless litigation in domestic courts and international tribunals. Mexico, which has the largest number of foreign nationals on death row, established the Mexican Capital Legal Assistance Program in 2000 to …

The Legal Relationship Between Cohabitants And Their Partners' Children, Cynthia Grant Bowman

Cornell Law Faculty Publications

This Article argues that U.S. law should give protection to relationships between cohabitants and their partners 'children when necessary to avoid the economic and emotional trauma that may be caused by separation of the child from a member of his or her household if the cohabitation ends. After examining the social science literature about the welfare of both stepchildren and children of cohabitants and the inadequate legal treatment of custody, visitation, and child support issues under current law, the author recommends that cohabiting stepparents (1) be given standing to seek custody if they have acted as de facto parents, with …

The Union As Broker Of Employment Rights, Stewart J. Schwab

Cornell Law Faculty Publications

Most employment-law rights are mandatory. Individual workers cannot decline the protections the law gives them. For example, a nonexempt worker must get at least $7.25 per hour and time-and-a-half for overtime, even if she would agree to less. A worker’s pension must vest within five years. If she is injured on the job, a worker is entitled to compensation through a state system and cannot opt out in advance.

Interestingly, in these examples and others like them, the law forces its protection only on nonunionized workers. Unions in a collective bargaining contract can bargain away these rights, acting as broker …