Law Commons^™

Should The Law Do Anything About Economic Inequality, Matthew Dimick

Cornell Journal of Law and Public Policy

No abstract provided.

Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull

Cornell Journal of Law and Public Policy

No abstract provided.

Economic Inequality And College Admissions Policies, David Orentlicher

Cornell Journal of Law and Public Policy

No abstract provided.

International Trade Commission Exclusion Orders For The Infringement Of Standard-Essential Patents, Gregory Sidak

Cornell Journal of Law and Public Policy

No abstract provided.

Ban The Box In College Applications: A Balanced Approach, Albert H.S. Jung

Cornell Journal of Law and Public Policy

No abstract provided.

One Size Does Not Fit All: The Shortcomings Of Current Negative Option Legislation, Sophia Wang

Cornell Journal of Law and Public Policy

No abstract provided.

Book Review Of The Quiet Power Of Indicators: Measuring Governance, Corruption, And The Rule Of Law, Sital Kalantry

Cornell Law Faculty Working Papers

No abstract provided.

Legitimacy And Impartiality As Basic Principles For Sovereign Debt Restructuring, Odette Lienau

Cornell Law Faculty Publications

This essay suggests that attentiveness to the principles of legitimacy and impartiality may contribute to the instrumental success of any sovereign debt restructuring, and highlights institutional elements or practices often associated with these goals. An additional question can be raised as to whether these principles might have a further claim to special consideration, as part of emerging customary international law or general principles of law. Any determination along these lines is made difficult by the fact that legitimacy is a composite principle, constituted of multiple procedural and substantive norms, and perhaps lacks the necessary specificity to be a legal rule …

A Crisis Of Faith & The Scientific Future Of Patent Theory, Oskar Liivak

Cornell Law Faculty Publications

The current reward framing for the patent system has resisted all attempts to either confirm or to refute the benefits of the system. Yet that should not surprise us. We should be surprised that we ever thought that the system could be justified at all. The reward framing has infected the patent system with pathological defects that make the system both unjustifiable and unfalsifiable. An alternate framing that focuses on ex ante technology transfer can support and explain many of the doctrinal features of the current patent system, but it can do so while avoiding the pathologies that plague today's …

The Quintessential Law Library And Librarian In A Digital Era, Femi Cadmus

Cornell Law Faculty Publications

Libraries, like most institutions and industries today, are faced with disruptive technologies that challenge their relevancy in a digital era. As a result, erstwhile notions and nostalgia associated with the quintessential library and librarian are changing rapidly.

This is a compelling era to reimagine the library, retaining essential traditions alongside the new technologies, which facilitate the preservation, discoverability, accessibility, and delivery of information. It is also an opportunity for libraries to respond creatively and innovatively to change. The quintessential law library and librarian cannot only survive but can also thrive in the digital era by continuing to demonstrate value through …

Rjr Nabisco And The Runaway Canon, Maggie Gardner

Cornell Law Faculty Publications

In last Term’s RJR Nabisco, Inc. v. European Community, the Court finished transforming the presumption against extraterritoriality from a tool meant to effectuate congressional intent into a tool for keeping Congress in check. In the hands of the RJR Nabisco majority, the presumption has become less a method for interpreting statutes than a pronouncement on the proper scope of access to U.S. courts, a pronouncement that Congress must labor to displace. Besides the worrisome implications for separation of powers, the majority’s opinion was also disappointing on practical grounds. By applying the presumption too aggressively, the Court missed an opportunity to …

Should Children Work? Dilemmas Of Children’S Educational Rights In The Global South, Conrad John Masabo

Southern African Journal of Policy and Development

The realisation of Children’s Rights and the right to education, in particular, have for quite long left the children of the Global South at a crossroads. The ideal of a childhood free from work has in itself become a barrier to access this social good. As such, due to their country’s minimal or non-existent educational funding and family abject poverty, some children in the Global South have realised that adopting a pragmatic strategy of combining school and work is the only feasible solution. This study, therefore, examines the interface between children’s work and schooling in the Global South.

From The Court To The Classroom: Judges' Work In International Judicial Education, Toby S. Goldbach

Cornell International Law Journal

No abstract provided.

State-Level Regulation As The Ideal Foundation For Action On Climate Change: A Localized Beginning To The Solution Of A Global Problem, Allison C.C. Hoppe

Cornell Law Review

No abstract provided.

Judicial Enforcement Of Socioeconomic Rights: A Comparison Between Transformative Projects In India And South Africa, Natasha G. Menell

Cornell International Law Journal

No abstract provided.

Show Me The Money: Evaluating Personal Jurisdiction Over Foreign Nonparty Banks In Light Of The Gucci Case, Xin Xu

Cornell International Law Journal

No abstract provided.

Decolonising Sex: Fifty Shades Of Rape, Roseline K. Njogu

Southern African Journal of Policy and Development

This article explores how ideas of patriarchy have shaped the nature and effect of rape law. It argues that rape law reinforces patriarchy, and because of the inherent inconsistencies between the male roles of aggressor and protector, it has remained ineffective. Taking Kenya as its springboard, it analyses how ideas of sexual relations within and outside marriage are transplanted through colonialism; and how they morph and merge with analogous indigenous conceptions to entrench and formalise the continued subjugation of the female body. It explores the unintended consequences of the internationalisation of English Monogamy; and rape law reform and its continuity/discontinuity …

Information-Dissemination Law: The Regulation Of How Market-Moving Information Is Revealed, Kevin S. Haeberie, Todd M. Henderson

Cornell Law Review

No abstract provided.

Who Says You Can't Go Home: Retroactivity In A Post-Daimler World, Ariel Atlas

Cornell Law Review

No abstract provided.

Friends Of The Court: Evaluating The Supreme Court's Amicus Invitations, Katherine Shaw

Cornell Law Review

No abstract provided.

The Puzzling Absence Of Economic Power In Constitutional Theory, Ganesh Sitaraman

Cornell Law Review

No abstract provided.

Revisiting Eisenberg And Plaintiff Success: State Court Civil Trial And Appellate Outcomes, Michael Heise, Martin T. Wells

Cornell Law Faculty Publications

Despite what Priest-Klein theory predicts, in earlier research on federal civil cases, Eisenberg found an association between plaintiff success in pretrial motions and at trial. Our extension of Eisenberg’s analysis 20 years later into the state court context, however, does not uncover any statistically significant association between a plaintiff’s success at trial and preserving that trial victory on appeal. Our results imply that a plaintiff’s decision to pursue litigation to a trial court conclusion is analytically distinct from the plaintiff’s decision to defend an appeal of its trial court win brought by a disgruntled defendant. We consider various factors that …

Fhfa Single Security/Common Securitization Platform Comment, David J. Reiss

Cornell Law Faculty Working Papers

No abstract provided.

Full Federal Circuit Curbs On Sale Bar's Threat To Patents, Zong-Qiang Bill Tian, Matthew D'Amore

Cornell Law Faculty Publications

No abstract provided.

Ffiec Consumer Compliance Comment Letter, David J. Reiss

Cornell Law Faculty Working Papers

The Federal Financial Institutions Examination Council (FFIEC) issued a notice and request for comment regarding the Uniform Interagency Consumer Compliance Rating System (CC Rating System). The FFIEC is seeking to revise the CC Rating System “to reflect the regulatory, examination (supervisory), technological, and market changes that have occurred in the years since the current rating system was established.” 81 F.R. 26553. It is a positive development that the federal government is seeking to implement a consistent approach to consumer protection across a broad swath of the financial services industry. Nonetheless, the proposed CC Ratings System can be refined to further …

Due Diligence: Company Information For Law Students, Matthew M. Morrison

Cornell Law Librarians' Publications

Many law students are placed with corporate law firms whose clients are overwhelmingly companies. While many law school courses focus on doctrine, students need to learn company information and where to find it. This article explains why teaching company information is crucial, where to find sources, and how to use these sources.

Antitrust And Wealth Inequality, Daniel A. Crane

Cornell Law Review

No abstract provided.

Why Silence Shouldn't Speak So Loudly: Wiggins In A Post-Richter World, Eliza Beeney

Cornell Law Review

No abstract provided.

Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel R. Bagenstos

Cornell Law Review

No abstract provided.

The Agency Costs Of Teamwork, Jeremy Mcclane

Cornell Law Review

No abstract provided.