Law Commons^™

Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part Two, John H. Blume, Emily C. Paavola

Cornell Law Faculty Publications

Part One of this article addressed the Fifth Amendment issues to be considered when analyzing the admissibility of a criminal defendant's out-of-court statements. Part Two discusses the Sixth Amendment, the 14th Amendment's Due Process Clause and impeachment issues.

Digitizing The World's Laws, Claire M. Germain

Cornell Law Faculty Working Papers

Where does one find the foreign investment laws of Botswana? What about the copyright law of the Netherlands, the corporation laws of Japan, or the English translation of the Egyptian Civil Code? Already back in 1991, just before the internet, Wallace Baker remarked that “foreign law has become the daily bread of lawyers everywhere who formally had totally domestic practices.” Since then, the need to access the content of foreign law has increased exponentially. The importance of global access to foreign laws on the internet and how to improve it was recently highlighted at an international Meeting of Experts on …

Electricity Merger Control In The Light Of The Eu "Third Energy Package", Jorge Velasco Fernández

Cornell Law School Inter-University Graduate Student Conference Papers

After more than two years of legislative proceedings within the European Union Institutions, the “third energy package” –a set of legislations conceived to lead the EU electricity and gas markets to a complete integration and liberalization - was published on August 2009. Nonetheless, the set of legislations was not passed without long discussions on some of its cornerstones, particularly in that related to the unbundling provisions in the electricity markets.

Against this backdrop, the EU merger control applied by the European Commission faces new challenges. The role that the EU merger regulation should play in the liberalization process arena is …

When Others Get Too Close: Immigrants, Class, And The Health Care Debate, Janet L. Dolgin, Katherine R. Dieterich

Cornell Journal of Law and Public Policy

No abstract provided.

Corporate Disconnect: The Blackwater Problem And The Fcpa Solution, Andre M. Penalver

Cornell Journal of Law and Public Policy

No abstract provided.

Mandatory Labor Arbitration Of Statutory Claims, And The Future Of Fair Employment: 14 Penn Plaza V. Pyett, David L. Gregory, Edward Mcnamara

Cornell Journal of Law and Public Policy

No abstract provided.

From Nondiscrimination To Civil Marriage, Elizabeth Burleson

Cornell Journal of Law and Public Policy

No abstract provided.

Sustainable Buildings And Communities: Climate Change And The Case For Federal Standards, Rachael Rawlins, Robert Paterson

Cornell Journal of Law and Public Policy

No abstract provided.

Adult Domestic Trafficking And The William Wilberforce Trafficking Victims Protection Reauthorization Act, Lindsay Strauss

Cornell Journal of Law and Public Policy

No abstract provided.

The Obstacles Of Outsourcing Imported Food Safety To China, Chenglin Liu

Cornell International Law Journal

No abstract provided.

Antitrust Merger Policy In Colombia, Alfonso Miranda Londono

Cornell International Law Journal

No abstract provided.

Putting Aside The Rule Of Law Myth: Corruption And The Case For Juries In Emerging Democracies, Brent T. White

Cornell International Law Journal

No abstract provided.

Compensating Victims Of Terrorism Or Frustrating Cultural Diplomacy - The Unintended Consequences Of The Foreign Sovereign Immunities Act’S Terrorism Provisions, Danica Curavic

Cornell International Law Journal

No abstract provided.

Equal Access And The Right To Marry, Nelson Tebbe, Deborah A. Widiss

Cornell Law Faculty Publications

How should courts think about the right to marry? This is a question of principle, of course, but it has also become a matter of litigation strategy for advocates challenging different-sex marriage requirements across the country. We contend that courts and commentators have largely overlooked the strongest argument in support of a constitutional right to marry. In our view, the right to marry is best conceptualized as a matter of equal access to government support and recognition and the doctrinal vehicle that most closely matches the structure of the right can be found in the fundamental interest branch of equal …

Implicit Bias, Election '08, And The Myth Of A Post-Racial America, Jeffrey J. Rachlinski, Gregory S. Parks

Cornell Law Faculty Publications

The election of Barack Obama as the forty-fourth President of the United States signals that the traditional modes of thinking about race in America are outdated. Commentators and pundits have begun to suggest that the election of a black man to the nation's highest office means that the United States has entered a post-racial era in which civil rights laws are becoming unnecessary. Although President Obama's election means that explicit, open anti-black racism has largely faded, an analysis of the campaign's rhetoric and themes suggests that unconscious racism is alive and well. Rather than suggest a retreat from traditional civil …

The Dance Of Death Or (Almost) "No One Here Gets Out Alive": The Fourth Circuit's Capital Punishment Jurisprudence, John H. Blume

Cornell Law Faculty Publications

No abstract provided.

Why Heightened Pleading - Why Now?, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

No abstract provided.

"We Are On The Move", Gerald Torres

Cornell Law Faculty Publications

Professor Torres explores the idea of "racial literacy " by working through a series of examples where being able to "read" race mattered. Reading race correctly helped policy makers and advocates understand the real problem and helped craft solutions that were generally beneficial by addressing structural defects not just individual bad actors.

Iqbal And Bad Apples, Michael C. Dorf

Cornell Law Faculty Publications

In addition to its important implications for federal civil procedure, the Supreme Court’s decision in Ashcroft v. Iqbal put the imprimatur of the Supreme Court on a troubling narrative of the excesses carried out by the Bush Administration in the name of fighting terrorism. In this “few bad-apples narrative,” harsh treatment of detainees—especially in the immediate wake of the attacks of September 11th, but also years later in such places as Afghanistan, Iraq, the Guantanamo Bay detention center, and elsewhere—was the work of a small number of relatively low-ranking military and civilian officials who went beyond the limits of the …

When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble

Cornell Law Faculty Publications

No abstract provided.

Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt

Cornell Law Faculty Publications

With the help of the President, Democrats in Congress were able to pass historic healthcare-reform legislation in spite of - and thanks to - the significant structural obstacles presented by the Senate’s arcane parliamentary rules. After the passage of the bill, the current political climate appears to require sixty votes for the passage of any major legislation, a practice which many argue is unsustainable.

In this Debate, Professors Josh Chafetz and Michael Gerhardt debate the constitutionality of the Senate’s cloture rules by looking to the history of those rules in the United States and elsewhere. Professor Chafetz argues that the …

Piercing The Veil Of Bank Secrecy - Assessing The United States’ Settlement In The Ubs Case, Laura Szarmach

Cornell International Law Journal

No abstract provided.

Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance, Boris N. Mamlyuk

Cornell Law Faculty Working Papers

This Article examines several waves of intellectual property (IP) regulation reform in Russia, starting with a specific examination into early Soviet attempts to regulate intellectual property. Historical analysis is useful to illustrate areas of theoretical convergence, divergence and tension between state ideology, positive law, and “law in action.” The relevance of these tensions for post-Soviet legal reform may appear tenuous. However, insofar as IP enforcement has been one of the largest hurdles for Russia’s prolonged accession to the WTO, these historical precedents may help to explain the apparent theoretical or political disconnect between the WTO and Russia. If Russian policymakers …

The Death Penalty: Developments In Caribbean Jurisprudence, Anthony Gifford

International Journal of Legal Information

The presentation analyzes death penalty developments in the Caribbean jurisprudence. The discussion of a series of court decisions leads to the opinion that it is not right for the State to “end the life of a human being.” It questions death penalty as punishment for crime versus “the capacity of individuals for redemption and rehabilitation."

Judicial Recusal & Expanding Notions Of Due Process, Andrey Spektor, Michael A. Zuckerman

Cornell Law School J.D. Student Research Papers

The merits of judicial elections have been litigated in journals around the country. In light of the recent Supreme Court decisions in White and Caperton, this debate will only intensify. Rather than revisit the arguments for and against electing judges, this Article argues that applying the Mathews v. Eldridge test in cases where a litigant’s due process is threatened by an elected judge—a possibility that the Court initially dismissed in White against Justice Ginsburg’s protests, and then took head on in Caperton—will balance First Amendment rights that judicial elections breed against the rights of the litigants that the Constitution protects. …

The Truth About Property Rules: Some Obstacles To The Economic Analysis Of Remedies, Emily Sherwin

Cornell Law Faculty Publications

Property Rules, as famously described by Calabresi and Melamed, are remedial rules that place a prohibitively high penalty on violations of rights. This essay examines two aspects of property rules. In each case, the form of the rule is critically important. The first question addressed is the capacity of property rules to affect behavior that takes place outside the context of litigation. Most economic analysis assumes that when a right is protected by a property rule, the property rule will guide private decisionmaking at the time of a contemplated violation, and possibly before that time. Yet, to have this effect, …

Beyond The Expected: Creating And Sustaining Relationships For Your Institutions, Claire M. Germain

Cornell Law Faculty Publications

In this day of upheaval in the library and information world, many law librarians have found ways to reaffirm their value to their parent organizations. They have created and now sustain relationships for their institutions—law schools, law firms, government entities, and other organizations—because they have the common good of the institution in mind and are there to stay. The purpose of this article is to inform, inspire, celebrate, and provide concrete examples for other libraries to follow. Library initiatives can lead to benefits for the institution that are larger than the library itself. They also reinforce the value of the …

Why Adr Programs Aren’T More Appealing: An Empirical Perspective, Michael Heise

Cornell Law Faculty Publications

Standard law and economic theory suggests that litigating parties seeking to maximize welfare will participate in alternative dispute resolution (ADR) programs if they generate a surplus. ADR programs claim to generate social surplus partly through promoting settlements and reducing case disposition time. Although most associate ADR programs with trial courts, a relatively recent trend involves appellate court use of ADR programs. The emergence of court-annexed ADR programs raises a question. Specifically, if ADR programs achieve their goals of promoting settlements and reducing disposition time, why do some courts find it necessary to impose ADR participation? Attention to ADR’s ability to …

Inventing Tests, Destabilizing Systems, Kevin M. Clermont, Stephen C. Yeazell

Cornell Law Faculty Publications

The U.S. Supreme Court revolutionized the law on pleading by its suggestive Bell Atlantic Corp. v. Twombly and definitive Ashcroft v. Iqbal. But these decisions did more than redefine the pleading rules: by inventing a foggy test for the threshold stage of every lawsuit, they have destabilized the entire system of civil litigation. This destabilization should rekindle a wide conversation about fundamental choices made in designing our legal system.

Those choices are debatable. Thus, the bone this Article picks with the Court is not that it took the wrong path for pleading, but that it blazed a new and unclear …

Beyond The Expected: Creating And Sustaining Relationships For Your Institutions, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.