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Articles 1681 - 1710 of 7213
Full-Text Articles in Law
Rethinking Trust Law Reform: How Prudent Is Modern Prudent Investor Doctrine, Stewart E. Sterk
Rethinking Trust Law Reform: How Prudent Is Modern Prudent Investor Doctrine, Stewart E. Sterk
Cornell Law Review
No abstract provided.
Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter
Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter
Cornell Law Review
No abstract provided.
Litigation Is Not Ping-Pong, Except When It Is: Resolving The Westfall Act’S Circularity Problem, Julie Fukes Stewart
Litigation Is Not Ping-Pong, Except When It Is: Resolving The Westfall Act’S Circularity Problem, Julie Fukes Stewart
Cornell Law Review
No abstract provided.
The Inviolate Home: Housing Exceptionalism In The Fourth Amendment, Stephanie M. Stern
The Inviolate Home: Housing Exceptionalism In The Fourth Amendment, Stephanie M. Stern
Cornell Law Review
No abstract provided.
Refining The Democracy Canon, Christopher S. Elmendorf
Refining The Democracy Canon, Christopher S. Elmendorf
Cornell Law Review
No abstract provided.
Embedded Aggregation In Civil Litigation, Richard A. Nagareda
Embedded Aggregation In Civil Litigation, Richard A. Nagareda
Cornell Law Review
No abstract provided.
Autism, Insurance, And The Idea: Providing A Comprehensive Legal Framework, Colleen D. Holland
Autism, Insurance, And The Idea: Providing A Comprehensive Legal Framework, Colleen D. Holland
Cornell Law Review
No abstract provided.
Can Bad Science Be Good Evidence - Neuroscience, Lie Detection, And Beyond, Frederick Shauer
Can Bad Science Be Good Evidence - Neuroscience, Lie Detection, And Beyond, Frederick Shauer
Cornell Law Review
No abstract provided.
Valuing Intellectual Property: An Experiment, Christopher Buccafusco, Christopher Sprigman
Valuing Intellectual Property: An Experiment, Christopher Buccafusco, Christopher Sprigman
Cornell Law Review
No abstract provided.
The Repeat Appointment Factor: Exploring Decision Patterns Of Elite Investment Arbitrators, Daphna Kapeliuk
The Repeat Appointment Factor: Exploring Decision Patterns Of Elite Investment Arbitrators, Daphna Kapeliuk
Cornell Law Review
No abstract provided.
Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser
Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser
Cornell Law Review
No abstract provided.
A Role For The Judiciary In Reforming Executive Compensation: The Implications Of Securities And Exchange Commission V. Bank Of America Corp., Matthew Farrell
A Role For The Judiciary In Reforming Executive Compensation: The Implications Of Securities And Exchange Commission V. Bank Of America Corp., Matthew Farrell
Cornell Law Review
No abstract provided.
Tracing Bias Through Virtual Spaces, Adam Chodorow
Tracing Bias Through Virtual Spaces, Adam Chodorow
Cornell Law Review
No abstract provided.
Death Ineligibility And Habeas Corpus, Lee Kovarsky
Death Ineligibility And Habeas Corpus, Lee Kovarsky
Cornell Law Review
No abstract provided.
Preemption Of Local Regulations Beyond Lozano V. City Of Hazleton: Reconciling Local Enforcement With Federal Immigration Policy, Mark S. Grube
Preemption Of Local Regulations Beyond Lozano V. City Of Hazleton: Reconciling Local Enforcement With Federal Immigration Policy, Mark S. Grube
Cornell Law Review
No abstract provided.
The Impact Of West Tankers On Parties’ Choice Of A Seat Of Arbitration, Daniel Rainer
The Impact Of West Tankers On Parties’ Choice Of A Seat Of Arbitration, Daniel Rainer
Cornell Law Review
No abstract provided.
Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman
Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman
Cornell Law Review
No abstract provided.
Off The Hook, Kevin Werbach
Fraud On The Global Market: U.S. Courts Don’T Buy It; Subject-Matter Jurisdiction In F-Cubed Securities Class Actions, Julie B. Rubenstein
Fraud On The Global Market: U.S. Courts Don’T Buy It; Subject-Matter Jurisdiction In F-Cubed Securities Class Actions, Julie B. Rubenstein
Cornell Law Review
No abstract provided.
Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke
Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke
Cornell Law Faculty Publications
Our fast-paced age of electronic agreements that ostensibly govern transactions as diverse as downloading software, ordering goods, and engaging in collaborative development projects raises questions regarding the suitability of contract law as the appropriate legal framework. While this question arises in many settings, we focus here on the free and open source software (FOSS) movement because of the maturity and success of its model and the ubiquity of its software. We explore in particular whether open source licenses are supported by consideration, and argue that they are, and that open source licenses are contracts. We further argue that a contractual …
Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Jocelyn E. Getgen, Steven A. Koh
Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Jocelyn E. Getgen, Steven A. Koh
Cornell Law Faculty Publications
Nearly fifteen years ago, Audrey Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, this violations approach is even more salient given the recent adoption of the Optional Protocol to the ICESCR. This article focuses on the right to education in the ICESCR to illustrate how indicators can be employed to ascertain treaty compliance and violations. Indicators are important to enforcing economic, social, and cultural rights because they assist in measuring progressive realization. The methodology that we propose calls for: 1) analyzing the …
Solar Rights For Texas Property Owners, Sara C. Bronin
Solar Rights For Texas Property Owners, Sara C. Bronin
Cornell Law Faculty Publications
In response to Jamie France's note, A Proposed Solar Access Law for the State of Texas, Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids. Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. …
Foreclosed: High-Risk Lending, Deregulation, And The Undermining Of America's Mortgage Market, By D Immergluck [Book Review], David J. Reiss
Foreclosed: High-Risk Lending, Deregulation, And The Undermining Of America's Mortgage Market, By D Immergluck [Book Review], David J. Reiss
Cornell Law Faculty Publications
This is a short book review of Dan Immergluck, FORECLOSED: HIGH-RISK LENDING, DEREGULATION, AND THE UNDERMINING OF AMERICA’S MORTGAGE MARKET (Cornell University Press 2009). The book provides a good introduction to the causes of the crisis in the mortgage market. Given, however, that the book was written before the crisis has fully taken its course, it does have certain limitations. In particular, the book deals with some fundamental questions too superficially. These fundamental questions include, what is the right level of complexity for the secondary mortgage market? What is the right level of credit access for subprime borrowers? And, what …
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Cornell Law Faculty Publications
This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …
Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans
Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans
Cornell Law Faculty Publications
No abstract provided.
A Reintroduction: Survival Skills For Post-Conviction Practice In South Carolina, John H. Blume, Emily C. Paavola
A Reintroduction: Survival Skills For Post-Conviction Practice In South Carolina, John H. Blume, Emily C. Paavola
Cornell Law Faculty Publications
Post-conviction practice is an important safeguard against unjust, unconstitutional, and erroneous convictions. Despite the importance of the topic, the subject has historically received scant attention from legal commentators. In 1994, "An Introduction to Post-Conviction Remedies, Practice And Procedure in South Carolina" was published. At the time, very little had been written about the post-conviction remedies available to prisoners in South Carolina, and the article was intended to introduce appointed counsel and pro se inmates to the various post-conviction remedies available. In the forty years since its initial enactment, South Carolina's Post-Conviction Relief (PCR) Act was amended three times, the South …
Contract Law In Context: The Case Of Software Contracts, Robert A. Hillman
Contract Law In Context: The Case Of Software Contracts, Robert A. Hillman
Cornell Law Faculty Publications
The membership of The American Law Institute unanimously approved the “Principles of the Law of Software Contracts” in May of 2009. In this essay for a symposium in the Wake Forest Law Review, I draw on my experience as Reporter on the ALI project to add my perspective on an interesting general question: Is specialization of contract law wise and, if so, in what contexts? I certainly cannot definitively answer the question of whether in the abstract society is better off with general or specialized law, but my experience in drafting the software rules, along with Associate Reporter, Maureen O'Rourke, …
Deconstructing Nondelegation, Cynthia R. Farina
Deconstructing Nondelegation, Cynthia R. Farina
Cornell Law Faculty Publications
This Essay (part of the panel on "The Administrative State and the Constitution" at the 2009 Federalist Society Student Symposium) suggests that the persistence of debates over delegation to agencies cannot persuasively be explained as a determination finally to get constitutional law “right,” for nondelegation doctrine—at least as traditionally stated—does not rest on a particularly sound legal foundation. Rather, these debates continue because nondelegation provides a vehicle for pursuing a number of different concerns about the modern regulatory state. Whether or not one shares these concerns, they are not trivial, and we should voice and engage them directly rather than …
Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons, Asif Efrat
Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons, Asif Efrat
Cornell Law Faculty Publications
Contrary to the general trend of trade liberalization, specific goods—such as small arms, drugs, and antiquities—have come under increasing international control in recent decades through a set of international regulatory agreements. This article offers a theoretical framework of government preferences on the international regulation of these goods. Departing from conventional models of trade policy, the theoretical framework introduces negative externalities, rather than protection, as the motivation for restricting trade; it also takes moral concerns into account. I test this framework empirically through an original survey of government views on international small-arms regulation. Based on interviewing officials from 118 countries, the …
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas
Cornell Law Faculty Publications
The debate over immigration policy in the United States has reached a crescendo in recent years, with particular concern over illegal workers and their impact on social well-being in this country. Yet in the prevailing analysis of this issue, the relationship between immigration and contemporary international trade policy is often overlooked. In particular, few commentators recognize or understand that a significant part of the surge in illegal labor from Mexico--the source of the majority of undocumented workers in the United States—stems from reforms that Mexico undertook in cooperation with the United States to liberalize trade flows across the Mexico-United States …