Law Commons^™

Measuring The Chilling Effect, Brandice Canes-Wrone, Michael C. Dorf

Cornell Law Faculty Publications

Supreme Court doctrine grants special protection against laws that “chill” protected speech, most prominently via the overbreadth doctrine. The overbreadth doctrine permits persons whose own speech is unprotected to challenge laws that infringe the protected speech of third parties. The Court has not generally applied overbreadth and the other speech-protective doctrines to other constitutional rights even though other rights could also be subject to a chilling effect. The case law simply assumes that the chilling effect only acts on the exercise of speech, and that this justifies treating speech differently from other rights.

We tested these assumptions with respect to …

Mineral Taxation And Resource Nationalism In Zambia, Sangwani Patrick Ng’Ambi

Southern African Journal of Policy and Development

This article examines the resource nationalism cycle in Zambia. The resource nationalism cycle has episodically plagued investors in resource rich nations. Host states, lacking the financing and technical know-how, invite foreign investors to explore and exploit their vast natural resources. The former offer all sorts of fiscal incentives to appear attractive to the latter. Once operations commence and the resource experiences a sustained upward growth trend, the host state may retract the fiscal incentives previously offered, or simply nationalise assets, in a bid to exercise greater control over their natural resources and maximise the benefits accruing from high prices. The …

A Judicial Assessment Of The Restatement Of Employment Law Symposium: Assessing The Restatement Of Employment Law: Transcript, Marsha S. Berzon, Christine M. Durham, Lee H. Rosenthal

Cornell Law Review

No abstract provided.

Drafting Chapter 2 Of The Ali's Employment Law Restatement In The Shadow Of Contract Law: An Assessment Of The Challenges And Results Symposium: Assessing The Restatement Of Employment Law: Essay, Robert A. Hillman

Cornell Law Review

No abstract provided.

Trending And The Restatement Of Employment Law's Provisions On Employee Mobility Symposium: Assessing The Restatement Of Employment Law: Essay, Michael Selmi

Cornell Law Review

No abstract provided.

Cyber Responsibility To Protect: Legal Obligations Of States Directly Affected By Cyber-Incidents, Oren Gross

Cornell International Law Journal

No abstract provided.

The Migration Of Women Domestic Workers From Sri Lanka: Protecting The Rights Of Children Left Behind, Rasika Jayasuriya, Brian Opeskin

Cornell International Law Journal

No abstract provided.

The Importance Of Understanding Sexual Violence In Conflict For Investigation And Prosecution Purposes, Anne-Marie De Brouwer

Cornell International Law Journal

No abstract provided.

The European Commission's Extraterritorial Jurisdiction Over U.S. Mergers And Acquisitions: Closing The Gap Between Brussels And D.C, Lea Verdy

Cornell International Law Journal

No abstract provided.

Relationships Of Trust And Confidence In The Workplace Symposium: Assessing The Restatement Of Employment Law: Essay, Deborah Demott

Cornell Law Review

No abstract provided.

Fashioning A General Common Law For Employment In An Age Of Statutes Symposium: Assessing The Restatement Of Employment Law: Essay, Michael C. Harper

Cornell Law Review

No abstract provided.

Notice, Consent, And Nonconsent: Employee Privacy In The Restatement Symposium: Assessing The Restatement Of Employment Law: Essay, Steven L. Willborn

Cornell Law Review

No abstract provided.

Foreword: The Restatement Of Employment Law Project Symposium: Assessing The Restatement Of Employment Law: Essay, Samuel Estreicher, Matthew T. Bodie, Stewart J. Schwab

Cornell Law Review

No abstract provided.

Restating Employment Remedies Symposium: Assessing The Restatement Of Employment Law: Essay, Charles A. Sullivan

Cornell Law Review

No abstract provided.

"Too Many Notes"? An Empirical Study Of Advocacy In Federal Appeals, Gregory C. Sisk, Michael Heise

Cornell Law Faculty Publications

The warp and woof of American law are threaded by the appellate courts, generating precedents on constitutional provisions, statutory texts, and common-law doctrines. While the product of the appellate courts is regularly the subject of empirical study, less attention has been given to the sources and methods of appellate advocacy.

Given the paramount place of written briefs in the appellate process, we should examine seriously the frequent complaint by appellate judges that briefs are too long and that prolixity weakens persuasive power. In a study of civil appeals in the United States Court of Appeals for the Ninth Circuit, we …

The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake

Cornell Law Faculty Publications

This Article, part of the special issue commemorating the fiftieth anniversary of the Administrative Conference of the United States (“ACUS”), situates ACUS’s recommendations for improving public rulemaking participation in the context of the federal “plain language” movement. The connection between broader, better public participation and more comprehensible rulemaking materials seems obvious, and ACUS recommendations have recognized this connection for almost half a century. Remarkably, though, the series of presidential and statutory plain-language directives on this topic have not even mentioned the relationship of comprehensibility to participation until very recently. In 2012, the Office of Information and Regulatory Affairs (“OIRA”) issued …

Diggin' Deep Into Gold Fields: South Africa's Unrealized Black Economic Empowerment In The Shadows Of Executive Discretion, Adam Kassner

Cornell International Law Journal

No abstract provided.

Possible Futures For The Legal Treatise In An Environment Of Wikis, Blogs, And Myriad Online Primary Law Sources, Peter W. Martin

Cornell Law Faculty Working Papers

Major law publishers have begun producing ebook versions of some of the legal treatises they own. Despite asserted advantages over both print and online versions of the same content, these represent a step back from what treatises have become within the major online services and even further from what they might become now that numerous sources of primary law are directly accessible via the Internet.

The article traces the corporate and technological developments that have placed existing treatises in their present posture. Drawing upon the author’s own work preparing a legal treatise designed for digital rather print delivery, it reviews …

Don’T Forget About The Jury: Advice For Civil Litigators And Criminal Prosecutors On Differences In State And Federal Courts In New York, Ariel Atlas

Cornell Law Library Cantwell Prize for Exemplary Student Research Papers

In civil cases, forum selection has become an integral part of litigation strategy. Plaintiffs have the initial choice of where to file a complaint, and thus where to begin a lawsuit. Defendants have the power to remove cases, under circumstances prescribed by statute, from state court to federal court. Many factors enter into the decision of where to file a complaint or whether to remove a case including convenience, applicable law, and suspected biases. But what about the jury? Should a plaintiff consider characteristics of the jury when deciding where to file a complaint or a defendant in a civil …

"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino

Cornell Law Library Cantwell Prize for Exemplary Student Research Papers

Part I of this note will explore the government’s action in addressing sexual assault on campus, including the history of VAWA, the Clery Act, and Title IX. Part II will posit barriers to compliance, including ambiguous mandates, due process issues of private adjudication, and privacy law. Part III encapsulates the current political landscape and the laws that are under consideration. Part IV concludes with the financial and legal consequences of university action and inaction, including lawsuits brought by victims, lawsuits brought by the accused, Department of Education and Office of Civil Rights fines, and admissions consequences as prospective students actively …

Personal Jurisdiction And The Interwebs, Alan M. Trammell, Derek E. Bambauer

Cornell Law Review

No abstract provided.

Cover Your Webcam: The Ecpa's Lack Of Protection Against Software That Could Be Watching You, Gariella E. Bensur

Cornell Law Review

No abstract provided.

Rewriting The Overtime Dialogue: Why Misclassified Reality Television Producers Are Entitled To Only Half-Time Damages, Danielle C. Newman

Cornell Law Review

No abstract provided.

Copyright Trust, Abraham Bell, Gideon Parchomovsky

Cornell Law Review

No abstract provided.

Anti-Impunity And The Turn To Criminal Law In Human Rights, Karen Engle

Cornell Law Review

No abstract provided.

Recursive Collective Actions Problems: The Structure Of Procyclicality In Financial And Monetary Markets, Macroeconomies And Formally Similar Contexts, Robert C. Hockett

Cornell Law Faculty Publications

The hallmark of a collective action problem is its aggregating multiple individually rational decisions into a collectively irrational outcome. Arms races, “commons tragedies” and “prisoners’ dilemmas” are well-known, indeed well-worn examples. What seem to be less widely appreciated are two complementary propositions: first, that some collective action problems bear iterative, self-exacerbating structures that render them particularly destructive; and second, that some of the most formidable challenges faced by economies, societies, and polities are iteratively self-worsening problems of precisely this sort. Financial markets, monetary systems and macroeconomies in particular are rife with them – as are other complex systems subject to …

Channeling Unilateralism, Maggie Gardner

Cornell Law Faculty Publications

When crime reaches across borders to threaten human security or undermine democracy, states often respond by adopting multilateral treaties that obligate each of them to suppress the transnational crime at home. These treaties help, but only to the extent that parties comply with them. Because states generally cannot enforce their laws outside their own territory, transnational criminals can evade prosecution as long as some states are unable or unwilling to meet these treaty commitments. One solution for improving compliance with these treaties may be, counterintuitively, more unilateralism. Using case studies on transnational bribery and drug trafficking, as well as thick …

Energy In The Ecopolis, Sara C. Bronin

Cornell Law Faculty Publications

Climate change, resource scarcity, and environmental degradation demand a paradigm shift in urban development. Currently, too many of our cities exacerbate these problems: they pollute, consume, and process resources in ways that negatively impact our natural world. Cities of the future must make nature their model, instituting circular metabolic processes that mimic, embrace, and enhance nature. In other words, a city must be a regenerative city or, as some say, an “ecopolis.” So, how to get there—to ecopolis—from here? In this Comment, I propose a partial answer by focusing on certain legal frameworks that must be reenvisioned to enable the …

Colonialism And Constitutional Memory, Aziz Rana

Cornell Law Faculty Publications

The United States shares a number of basic traits with various British settler societies in the nonwhite world. These include longstanding histories in which colonists and their descendants divided legal, political, and economic rights between insiders and subordinated outsiders, be they expropriated indigenous groups or racial minorities. But Americans rarely think of themselves as part of an imperial family of settler polities and instead generally conceive of the country as quintessentially anti-imperial and inclusive. What explains this fact and what are its political consequences?

This Article offers an initial response, arguing that a significant reason is the symbolic power of …

Promoting Clinical Legal Education And Democracy In India, Sital Kalantry

Cornell Law Faculty Publications

Clinical legal education emerged in the United States in the 1960s to give valuable skill-based instructions to law students while providing legal services to people who could not otherwise afford them. This essay proposes another reason why both Indian and American law schools should support the development of law clinics. Drawing on the works of John Dewey and Martha Nussbaum, I argue that clinical legal education promotes democracy. Both elite American and Indian universities are largely unrepresentative of the respective population demographics of their countries. In clinics, law students bridge this divide by undertaking representation for people from different racial, …