Law Commons^™

The Impact Of The Internet On The Development Of Law, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Ten Years Of Takings, Gregory S. Alexander

Cornell Law Faculty Publications

No area of property law has been more controversial in the past decade than takings. No aspect of constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the just compensation question. No question concerning constitutional property is more intractable than what sorts of government regulatory actions constitute uncompensated "takings" of private property.

Limitations of space, not to mention my own ambivalence about many of the issues, prevent me from developing a complete normative theory of the proper scope of the Takings Clause. My aim here is vastly more modest: to outline the basic …

The Shape Of The Internet In The Twenty-First Century, Thomas R. Bruce

Cornell Law Faculty Publications

No abstract provided.

Gains, Losses, And The Psychology Of Litigation, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

A Feminist Proposal To Bring Back Common Law Marriage, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

What Should The Courts Do About Memories Of Sexual Abuse? Toward A Balanced Approach, Cynthia Grant Bowman, Elizabeth Mertz

Cornell Law Faculty Publications

No abstract provided.

Rule, Story, And Commitment In The Teaching Of Legal Ethics, Roger C. Cramton, Susan P. Koniak

Cornell Law Faculty Publications

No abstract provided.

Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram

Cornell Law Faculty Publications

Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.

Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Tribute To Jerry Israel, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey

Cornell Law Faculty Publications

Our constitutional law of capital sentencing does not understand Shakespeare's "gentle rain from heaven." Mercy confuses and befuddles it. The jury that sentenced Albert Brown to death was instructed that "'mere ... sympathy"' should not play on its judgment. Brown claimed this instruction violated his Eighth Amendment rights, but the Supreme Court disagreed. Some five years later, Justice Scalia dissented when the Court reversed Derrick Morgan's death sentence. According to Justice Scalia, the Court had held that no "merciless" juror could sit in judgment of a capital defendant. The Constitution, he thought, demanded no such thing. These dissents, one embracing …

Judicial Review Of Petitions, Cynthia R. Farina

Cornell Law Faculty Publications

Senate bill 343, at least, is careful to say that upon denial of a petition, the denial should be deemed "agency action" for purposes of judicial review. Only at one point in the legislation does the statute speak explicitly to the standard, and that's with respect to the petition for putting an existing major rule on the schedule for analysis. The bill says that the agency's action shall be overturned by the court only on the determination that the action was arbitrary and capricious or an abuse of discretion, which is what we assumed the standard would have been for …

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Rediscovering Discovery Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab

Cornell Law Faculty Publications

Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman

Cornell Law Faculty Publications

"U.S. Juries Grow Tougher on Plaintiffs in Lawsuits," the New York Times page-one headline reads. The story details how, in 1992, plaintiffs won 52 percent of the personal injury cases decided by jury verdicts, a decline from the 63 percent plaintiff success rate in 1989. The sound-byte explanations follow, including the notion that juries have learned that they, as part of the general population, ultimately pay the costs of high verdicts. Similar stories, reporting both increases and decreases in jury award levels, regularly make headlines. Jury Verdict Research, Inc. (JVR), a commercial service that sells case outcome information, often is …

Incidental Burdens On Fundamental Rights, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.

Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres

Cornell Law Faculty Publications

This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …

The Law Of Patronage At A Crossroads, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

The Contested Role Of The Civil Jury In Business Litigation, Valerie P. Hans

Cornell Law Faculty Publications

According to a recent study, several of the most frequent criticisms of the jury in business cases--that it is pro-plaintiff, that its decisions are based more on sympathy and prejudice than facts, and that it focuses on the defendant's deep pockets--appear to be unfounded.

Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

The law allows executioners to deny responsibility for what they have done by making it possible for them to believe they have not done it. The law treats members of capital sentencing juries quite differently. It seeks to ensure that they feel responsible for sentencing a defendant to death. This differential treatment rests on a presumed link between a capital sentencer's willingness to accept responsibility for the sentence she imposes and the accuracy and reliability of that sentence. Using interviews of 153 jurors who sat in South Carolina capital cases, this article examines empirically whether capital sentencing jurors assume responsibility …

Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Foreigner! The word says it all. Verging on the politically incorrect, the expression is full of connotation and implication. A foreigner will face bias. By such a thought process, many people believe that litigants have much to fear in courts foreign to them. In particular, non-Americans fare badly in American courts. Foreigners believe this. Even Americans believe this.

Such views about American courts are understandable. After all, the grant of alienage jurisdiction to the federal courts, both original and removal, constitutes an official assumption that xenophobic bias is present in state courts. As James Madison said of state courts: “We …

Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Faculty Publications

Many take as a given that jury-tried cases consume more time than judge-tried cases. Judge Richard Posner of the Seventh Circuit, for example, opines: “Court queues are almost always greatest for parties seeking civil jury trials. This makes economic sense. Such trials are more costly than bench trials both because of jury fees (which … understate the true social costs of the jury) and because a case normally takes longer to try to a jury than to a judge …. Parties are therefore “charged” more for jury trials by being made to wait in line longer.”

A close reading reveals …

Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

The Need For The Harmonisation Of Trade Laws In The Southern African Development Community (Sadc), Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

A Dangerous Direction: Legal Intervention In Sexual Abuse Survivor Therapy, Cynthia Grant Bowman, Elizabeth Mertz

Cornell Law Faculty Publications

No abstract provided.

An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin

Cornell Law Faculty Publications

For many prisoners, federal habeas corpus stands as the last opportunity to challenge the constitutionality of their convictions or sentences. Simply navigating through the procedural maze of habeas practice, however, is a formidable task for inmates proceeding pro se and prisoners represented by counsel. Tragically, those who have had a fundamentally unfair trial, and even those who are innocent, may easily stumble. Since 1867, habeas corpus, or the Great Writ, has been available to state prisoners "in all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or …