Law Commons^™

Extending The European Debt Discussion To Broader International Governance, Odette Lienau

Cornell Law Faculty Publications

Although Europe is no stranger to sovereign debt troubles, the focus of international debt governance for several decades has been on the developing world. Discussions surrounding the efficacy and appropriateness of crisis mechanisms have been shaped by this political reality. But the current focus on Europe itself may generate changes in how public and private actors view international debt governance and the legitimacy of crisis mechanisms. In these remarks, I will focus on two ways in which Europe might serve as a test case for broader governance practices. First, I will discuss the ramifications of the European Union’s potential adoption …

Multiplicity In Federalism And The Separation Of Powers, Josh Chafetz

Cornell Law Faculty Publications

By highlighting multiplicity in the federalism context, Alison LaCroix’s new book does constitutional scholarship a great service. Her tracing of the federal idea in the 1760s and 1770s, as well as her tracing of jurisdictional ideas in the early Republic, is thorough and insightful. But it is unclear why her focus suddenly narrows from the federal idea—the idea that multiplicity in levels of government was a virtue rather than a vice—to federal jurisdiction. Certainly, as this Review has endeavored to show, her claim that federalism discourse after 1787 reduced entirely (or even primarily) to jurisdictional debates cannot stand.

And this …

In Defense Of Noncapital Habeas: A Response To Hoffmann And King, John H. Blume, Sheri Lynn Johnson, Keir M. Weyble

Cornell Law Faculty Publications

For decades, federal habeas corpus review of state court judgments has generated wide-ranging, sometimes heated, debate among judges, policymakers, and scholars. In their 2009 Essay, Rethinking the Federal Role in State Criminal Justice, Professors Joseph L. Hoffmann and Nancy J. King added their voices to the exchange, contending that federal habeas corpus review of noncapital state court convictions and sentences should, with narrow exceptions, be abolished. They contend that the expenditure of money, time, and effort necessary to provide review in such cases is no longer justifiable and that those resources should be redirected to creating a federal initiative for …

Fannie Mae And Freddie Mac: Implications For Credit Unions, David J. Reiss

Cornell Law Faculty Publications

This research brief provides an overview of the role of Fannie Mae and Freddie Mac in the housing finance market and provides a framework in which reform options for the two companies can be evaluated. These options include a return to the pre-crisis status quo; a move to redirect Fannie and Freddie income to affordable housing goals; nationalization; and privatization. The research brief evaluates a number of concrete reform proposals through the lens of these four options, including those of Credit Suisse, the Mortgage Bankers Association, the Housing Policy Council of the Financial Services Roundtable, the Center for American Progress …

Creditors And Debt Governance, Charles K. Whitehead

Cornell Law Faculty Working Papers

This chapter from the book Research Handbook on the Economics of Corporate Law (Claire Hill & Brett McDonnell, eds.), provides an introduction to the law and economic theory relating to creditors and debt governance.

The chapter begins with a look at the traditional role of debt, focusing on the impact of debt on corporate governance and, in particular, the effect of an illiquid credit market on creditors’ reliance on covenants and monitoring. It then turns to changes in the private credit market and their effect on lending structure. Greater liquidity raises its own set of agency costs. In response, loans …

Slow But Sure, Africa's Path To Democracy: [Bridled] Globalization, Education, And The Middle Class, Thomas Kojo Stephens

Cornell Law School J.D. Student Research Papers

Africa! The word has been associated with poverty, greed, brutality and gangsterism. Why is Africa, particularly sub-Saharan Africa, still wallowing in poverty while the great mass of nations are moving forward, some taking strides while others making gargantuan leaps? Is there any hope that African countries will in large part become democratic? How do they get there? In this paper, I give a short historical background of how Africa has evolved over the years into modern day Africa in order to understand how Africa has come to be what, and where it is today. I make the argument that the …

Abandoning Law Reports For Official Digital Case Law, Peter W. Martin

Cornell Law Faculty Working Papers

In 2009, Arkansas ended publication of the Arkansas Reports. Since 1837 this series of volumes, joined in the late twentieth century by the Arkansas Appellate Reports covering the state's intermediate court of appeals, had served as the official record of Arkansas's case law. For all decisions handed down after February 12, 2009, not books but a database of electronic documents “created, authenticated, secured, and maintained by the Reporter of Decisions” constitute the “official report” of all Arkansas appellate decisions.

The article examines what distinguishes this Arkansas reform from the widespread cessation of public law report publication that occurred during the …

Against Flexibility, David A. Super

Cornell Law Review

No abstract provided.

Self-Altering Injury: The Hidden Harms Of Hedonic Adaptation, Sean Hannon Williams

Cornell Law Review

No abstract provided.

Combating Acid Violence In Bangladesh, India, And Cambodia, Sital Kalantry, Jocelyn Getgen Kestenbaum

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

This Report is the first comprehensive, comparative study of acid violence that examines the underlying causes, its consequences, and the multiple barriers to justice for its victims. Acid attacks, like other forms of violence against women, are not random or natural phenomena. Rather, they are social phenomena deeply embedded in a gender order that has historically privileged patriarchal control over women and justified the use of violence to “keep women in their places.”

Through an in-depth study of three countries, the authors of the Report argue that the due diligence standard can be a powerful tool for state and non-state …

Judicial Ghostwriting: Authorship On The Supreme Court, Jeffrey S. Rosenthal, Albert H. Yoon

Cornell Law Review

No abstract provided.

Rational Treaties: Article Ii, Congressional-Executive Agreements, And International Bargaining, John Yoo

Cornell Law Review

No abstract provided.

Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Legal Analysis, W. Bradley Wendel

Cornell Law Review

No abstract provided.

Evidence-Based Law, Jeffrey J. Rachlinski

Cornell Law Review

No abstract provided.

Welfare Family Caps And The Zero-Grant Situation, Christopher Dinkel

Cornell Law Review

No abstract provided.

Three Approaches To Law And Culture, Menachem Mautner

Cornell Law Review

No abstract provided.

The Character Of Legal Theory, Hanoch Dagan, Roy Kreitner

Cornell Law Review

No abstract provided.

Destructive Coordination, Charles K. Whitehead

Cornell Law Review

No abstract provided.

The Post-Citizens United Fantasy-Land, Roy A. Schotland

Cornell Journal of Law and Public Policy

No abstract provided.

Refractory Pain, Existential Suffering, And Palliative Care: Releasing An Unbearable Lightness Of Being, George P. Smith Ii

Cornell Journal of Law and Public Policy

Since the beginning of the hospice movement in 1967, "total pain management" has been the declared goal of hospice care. Palliating the whole person's physical, psychosocial, and spiritual states or conditions is central to managing the pain that induces suffering. At the end-stage of life, an inextricable component of the ethics of adjusted care requires recognition of a fundamental right to avoid cruel and unusual suffering from terminal illness. This Article urges wider consideration and use of terminal sedation, or sedation until death, as an efficacious palliative treatment and as a reasonable medical procedure in order to safeguard the "right" …

Courting Disaster: Systemic Failures And Reactive Responses In Railway Safety Regulation, Lloyd Burton, M. Jude Egan

Cornell Journal of Law and Public Policy

No abstract provided.

Corporations, Corruption, And Complexity: Campaign Finance After Citizens United, Richard Briffault

Cornell Journal of Law and Public Policy

No abstract provided.

Law And Policy Issues Concerning The Provision Of Adequate Legal Services For The Poor, Quintin Johnstone

Cornell Journal of Law and Public Policy

No abstract provided.

Of Benedick And Beatrice: Citizens United And The Reign Of The Laggard Court, Justin J. Wert, Ronald Keith Gaddie, Charles S. Bullock Iii

Cornell Journal of Law and Public Policy

No abstract provided.

Anti-Regulatory Absolutism In The Campaign Arena: Citizens United And The Implied Slippery Slope, James A. Gardner

Cornell Journal of Law and Public Policy

No abstract provided.

The Marginality Of Citizens United, Michael C. Dorf

Cornell Journal of Law and Public Policy

No abstract provided.

Hormone Therapy For Inmates: A Metonym For Transgender Rights, Silpa Maruri

Cornell Journal of Law and Public Policy

The issue of hormone therapy for transgender inmates, while seemingly limited in importance, is one that involves issues of greater importance for the transgender community. The greatest issue at the heart of the matter is the legal argument that is traditionally used to gain access to hormone therapy: the Eighth Amendment. The Eighth Amendment prohibits deliberate indifference to the medical needs of inmates. Traditionally, transgender inmates have gained access to hormone therapy by appealing to the DSM-IV's classification of Gender Identity Disorder (GID) as a mental illness, and by establishing that prison officials' failure to provide hormone therapy constitutes deliberate …

Relieving (Most Of) The Tension: A Review Essay Of Samuel R. Bagenstos, Law And The Contradictions Of The Disability Rights Movement, Nicole Buoncore Porter

Cornell Journal of Law and Public Policy

No abstract provided.

Stigmatized Silence: The Exclusion Of Hiv And Aids Sufferers From The Obamacare Legal Landscape, Ashley N. Southerland

Cornell Journal of Law and Public Policy

The continued presence and growing rates of individuals infected with human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) in the United States has come to reflect an epidemic of significant proportion. Unfortunately, federal legislation has been eerily silent regarding the establishment of protections against health status-based discrimination for asymptomatic HIV and AIDS sufferers. Congress has done little to change this reality, despite the institution of major healthcare system and insurance reform by the Obama Administration in 2010. This Note argues that "Obamacare" and the two laws that define it—the Patient Protection and Affordable Care Act and the Health Care …

The Impact Of State Anti-Predatory Lending Laws On The Foreclosure Crisis, Alan White, Carolina Reid, Lei Ding, Roberto G. Quercia

Cornell Journal of Law and Public Policy

No abstract provided.