Law Commons^™

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

Cornell Law Faculty Publications

This article addresses the Fifth Amendment issues to be considered when analyzing the admissibility of a criminal defendant's out-of-court statements.

Achieving The Potential: The Future Of Federal E-Rulemaking, Report Of The Committee On The Status And Future Of Federal E-Rulemaking, Cynthia R. Farina

Cornell Law Faculty Publications

No abstract provided.

Reframing Financial Regulation, Charles K. Whitehead

Cornell Law Faculty Publications

Financial regulation today is largely framed by traditional business categories. The financial markets, however, have begun to bypass those categories, principally over the last thirty years. Chief among the changes has been convergence in the products and services offered by traditional intermediaries and new market entrants, as well as a shift in capital-raising and risk-bearing from traditional intermediation to the capital markets. The result has been the reintroduction of old problems addressed by (but now beyond the reach of) current regulation, and the rise of new problems that reflect change in how capital and financial risk can now be managed …

False Comfort And Impossible Promises: Uncertainty, Information Overload, And The Unitary Executive, Cynthia R. Farina

Cornell Law Faculty Publications

The movement toward President-centered government is one of the most significant trends in modern American history. This trend has been accelerated by unitary executive theory, which provided constitutional and “good government” justifications for what political scientists have been calling the “personal” or “plebiscitary” presidency.

This essay draws on cognitive, social and political psychology to suggest that the extreme cognitive and psychological demands of modern civic life make us particularly susceptible to a political and constitutional ideology organized around a powerful and beneficent leader who champions our interests in the face of internal obstacles and external threats. The essay goes on …

The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg

Cornell Law Faculty Publications

Civil justice issues play a prominent role in society. Family law issues such as divorce and child custody, consumer victimization issues raised by questionable trade practices, and tort issues raised by surprisingly high estimated rates of medical malpractice, questionable prescription drug practices, and other behaviors are part of the fabric of daily life. Policymakers and interest groups regularly debate and assess whether civil problems are best resolved by legislative action, agency action, litigation, alternative dispute resolution, other methods, or some combination of actions. Yet we lack systematic quantitative knowledge about the primary events in daily life that generate civil justice …

Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai

Cornell Law Faculty Publications

Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter. It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. Our examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law associated …

Making Sense Of The Health Care Reform Debate, Robert C. Hockett

Cornell Law Faculty Publications

It has been bemusing to behold how ill-informed, mis-informed, and even dis-informed much of the current debate over health care reform has been these past several months. Some of the trouble surely has stemmed from bad faith on the part of some protagonists. Another part of the trouble has stemmed from ineffective communication on the part of other protagonists. Much of our trouble, however, might stem from less than full clarity on all of our parts about two facts. The first is that in talking about “health care reform” as a public policy issue, we are actually talking about social …

Legal Education In China: English Language Materials, Roderick O'Brien

International Journal of Legal Information

Modern legal education began in China late in the Qing dynasty (1644-1911), and then expanded during the period of the Republic of China from 1912. With the establishment of the People’s Republic of China in 1949, legal education entered a new and difficult period. The compilation of English language materials offered here includes a few materials relating to the Qing and Republican periods, but after 1949 only materials relating to the People’s Republic of China (mainland China). Hong Kong, Macau, and Taiwan all have separate legal education systems and structures, and are excluded from this compilation.

Same-Sex Second-Parent Adoption And Intestacy Law: Applying The Sharon S. Model Of Simultaneous Adoption To Parent-Child Provisions Of The Uniform Probate Code, Jason C. Beekman

Cornell Law Review

No abstract provided.

Individual Creators In The Cultural Commons, Robert P. Merges

Cornell Law Review

No abstract provided.

The Fourth Wave Of Educational Finance Litigation: Pursuing A Federal Right To An Adequate Education, Lauren Nicole Gillespie

Cornell Law Review

No abstract provided.

Environmental Law As A Legal Field: An Inquiry In Legal Taxonomy, Todd S. Aagaard

Cornell Law Review

No abstract provided.

Invisible And Involuntary: Female Genital Mutilation As A Basis For Asylum, Zsaleh E. Harivandi

Cornell Law Review

No abstract provided.

Questioning Cultural Commons, Lawrence B. Solum

Cornell Law Review

No abstract provided.

Cooperative Institutions In Cultural Commons, Gregg P. Macey

Cornell Law Review

No abstract provided.

The Benefits Of The Democracy Canon And The Virtues Of Simplicity: A Reply To Professor Elmendorf, Richard L. Hasen

Cornell Law Review

No abstract provided.

Cooperation Among Competition Authorities In Merger Regulation, John J. Parisi

Cornell International Law Journal

No abstract provided.

Keynote Address, Ilj 2009 Symposium February 27, 2009, Kevin Arquit

Cornell International Law Journal

No abstract provided.

Italy’S Class Action Experiment, Roald Nashi

Cornell International Law Journal

No abstract provided.

Bric In The International Merger Review Edifice, Terry Calvani, Karen Alderman

Cornell International Law Journal

No abstract provided.

Enforcing The U.S. Trafficking Victims Protection Act In Emerging Markets: The Challenge Of Affecting Change In India And China, Mary Catherine Hendrix

Cornell International Law Journal

No abstract provided.

Foreign Direct Investment In India And China: The Creation Of A Balanced Regime In A Globalized Economy, Matthew Sweeney

Cornell International Law Journal

No abstract provided.

Fannie Mae And Freddie Mac: Privatizing Profit And Socializing Loss, David J. Reiss

Cornell Law Faculty Working Papers

This book chapter describes the role of Fannie Mae and Freddie Mac in the ongoing financial crisis. The chapter first explains the hybrid public-private nature of Fannie and Freddie, which are what is known as Government Sponsored Enterprises (GSEs). Fannie and Freddie were originally chartered by the federal government to create a national mortgage market. The chapter then explains how the two GSEs morphed into extraordinarily large companies that profited enormously from their special relationship with the federal government, while providing only modest benefits to American homeowners. In what turned out to be a disastrous trade-off for American taxpayers, Fannie …

Rating Agencies: Facilitators Of Predatory Lending In The Subprime Market, David J. Reiss

Cornell Law Faculty Working Papers

This book chapter explores how the three largest rating agencies, Standard & Poor’s, Moody’s Investor Service and Fitch Ratings, exploited their privileged regulatory status to profit from the booming subprime mortgage market at the expense of homeowners. These rating agencies boosted their own bottom lines and assisted predatory lenders by effectively vetoing state consumer protection initiatives. While regulators have identified enhanced investor protection regulation of credit rating agencies as a priority, future regulation must ensure that the systemic biases of the rating agency industry are no longer permitted to trump legitimate state consumer protection initiatives.

Is The Law Hopeful?, Annelise Riles

Cornell Law Faculty Working Papers

This essay asks what legal studies can contribute to the now vigorous debates in economics, sociology, psychology, philosophy, literary studies and anthropology about the nature and sources of hope in personal and social life. What does the law contribute to hope? Is there anything hopeful about law? Rather than focus on the ends of law (social justice, economic efficiency, etc.) this essay focuses instead on the means (or techniques of the law). Through a critical engagement with the work of Hans Vaihinger, Morris Cohen and Pierre Schlag on legal fictions and legal technicalities, the essay argues that what is “hopeful” …

Mapping Social Technologies In The Cultural Commons, Thrainn Eggertsson

Cornell Law Review

No abstract provided.

Discipline And Nourish: On Constructing Commons, Wendy J. Gordon

Cornell Law Review

No abstract provided.

Reply: The Complexity Of Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg

Cornell Law Review

No abstract provided.

The Institutional Analysis And Development Framework And The Commons, Elinor Ostrom

Cornell Law Review

No abstract provided.

Constructing Commons In The Cultural Environment, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg

Cornell Law Review

No abstract provided.