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Articles 1 - 5 of 5
Full-Text Articles in Law
Kelo's Moral Failure, Laura S. Underkuffler
Kelo's Moral Failure, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Visit To Puerto Rico, Claire M. Germain
Visit To Puerto Rico, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles
Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles
Cornell Law Faculty Publications
In this article, I draw on ethnography in the particular zone of engagement between anthropologists, on the one hand, and human rights lawyers who are skeptical of the human rights regime, on the other hand. I argue that many of the problems anthropologists encounter with the appropriation and marginalization of anthropology's analytical tools can be understood in terms of the legal character of human rights. In particular, discursive engagement between anthropology and human rights is animated by the pervasive instrumentalism of legal knowledge. I contend that both anthropologists who seek to describe the culture of human rights and lawyers who …
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski
Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Legal scholars commonly argue that the widespread presence of cognitive errors in judgment justifies legal intervention to save people from predictable mistakes. Such arguments often fail to account for individual variation in the commission of such errors even though individual variation is probably common. If predictable groups of people avoid making the errors that others commit, then law should account for such differences because those who avoid errors will not benefit from paternalistic interventions and indeed may be harmed by them. The research on individual variation suggests three parameters that might distinguish people who can avoid error: cognitive ability, experience …