Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (15)
- Criminal Law (13)
- Law and Society (10)
- Property Law and Real Estate (8)
- International Law (6)
-
- Judges (6)
- Civil Rights and Discrimination (5)
- Courts (5)
- Criminal Procedure (5)
- Legal Ethics and Professional Responsibility (5)
- Applied Statistics (4)
- Business Organizations Law (4)
- Comparative and Foreign Law (4)
- Evidence (4)
- Law and Politics (4)
- Legal History (4)
- Legal Writing and Research (4)
- Physical Sciences and Mathematics (4)
- Statistics and Probability (4)
- Arts and Humanities (3)
- Contracts (3)
- Education Law (3)
- Jurisprudence (3)
- Law and Economics (3)
- Litigation (3)
- Science and Technology Law (3)
- Social and Behavioral Sciences (3)
- Antitrust and Trade Regulation (2)
- Commercial Law (2)
- Keyword
-
- Empirical legal studies (4)
- Mitochondrial DNA (3)
- Antitrust (2)
- Board control (2)
- Board governance (2)
-
- Capital punishment (2)
- Civil Rights (2)
- Constitutional Law (2)
- Constitutionalism (2)
- Contract standardization (2)
- Corporate governance (2)
- Courts (2)
- Criminal Law and Procedure (2)
- DNA (2)
- Death penalty (2)
- Expert testimony (2)
- Federalism (2)
- Formalism (2)
- Group rights (2)
- Juries (2)
- Jurisprudence (2)
- Law and Society (2)
- Legal Profession (2)
- Lucian Bebchuk (2)
- Military Commissions Act of 2006 (2)
- Myth of the shareholder franchise (2)
- NCLB (2)
- Property-Personal and Real (2)
- Public companies (2)
- Rome Statute (2)
Articles 61 - 73 of 73
Full-Text Articles in Law
How To Create A Commercial Calamity, Robert A. Hillman
How To Create A Commercial Calamity, Robert A. Hillman
Cornell Law Faculty Publications
There are many ways to define a legal calamity. For example, a grossly unfair or inefficient law constitutes a legal calamity. A law that produces serious and deleterious unintended effects, such as effects opposite from those intended, is another kind of legal calamity. A law that is so imprecise and confusing that judges do not know how to apply it and lawyers do not know how to advise their clients is still another example of a legal calamity, which I focus on in this paper. Because this paper is a contribution to a symposium on commercial legal calamities, my example …
Valuing The Waiver: The Real Beauty Of Ex Ante Over Ex Post, Robert C. Hockett
Valuing The Waiver: The Real Beauty Of Ex Ante Over Ex Post, Robert C. Hockett
Cornell Law Faculty Publications
Irony abounds in connection with demands and proposals made, in the wake of the Enron, Worldcom, and other corporate scandals, that firms be required or encouraged to waive attorney-client privilege. Justice Department officials speak to the importance of "getting at the truth" as trumping firms' interest in confidential internal communications as a prerequisite to compliance with law. They do so notwithstanding their own contrary arguments made on behalf of the secretive Bush administration that employs them. Corporate officers, for their part, speak as though Ralph Nader were the Attorney General when they denounce waiver proposals. They do so notwithstanding the …
Lessons From Outlaws, Laura S. Underkuffler
Lessons From Outlaws, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The European Constitution And Its Implications For China, Xingzhong Yu
The European Constitution And Its Implications For China, Xingzhong Yu
Cornell Law Faculty Publications
The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …
Economic Emergency And The Rule Of Law, Bernadette Meyler
Economic Emergency And The Rule Of Law, Bernadette Meyler
Cornell Law Faculty Publications
Academic work extolling the merits of the "rule of law" both domestically and internationally abounds today, yet the meanings of the phrase itself seem to proliferate. Two of the most prominent contexts in which rule of law rhetoric appears are those of economic development and states of emergency. In the area of private law, dissemination of the rule of law across the globe and, in particular, among emerging market countries is often deemed a prerequisite for enhancing economic development, partly because it ensures that foreign investments will not be summarily expropriated and that contractual rights will not be frustrated by …
Commentaries: The Ambiguous Work Of “Natural Property Rights”, Gregory S. Alexander
Commentaries: The Ambiguous Work Of “Natural Property Rights”, Gregory S. Alexander
Cornell Law Faculty Publications
The three fascinating papers by Dick Helmholz, Jim Ely, and Mark Tushnet prompt me to ask, why was there so much talk among late 18th and 19th century American lawyers about property as a "natural" right and why has the language persisted today? More specifically, what work is the rhetoric of "natural property rights" intended to do? This is not the proper occasion for developing anything like complete answers to those questions, but I do want to offer three lines of thought that might begin to approach a fuller explanation of the puzzling persistence of natural-property-rights talk.
The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise
The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
How To Create A Commercial Calamity, Robert A. Hillman
How To Create A Commercial Calamity, Robert A. Hillman
Cornell Law Faculty Publications
This Article briefly catalogs the kinds of commercial calamities and then focuses on one of them, namely laws that are so imprecise and ambiguous that judges do not know how to apply them, and lawyers cannot explain them. The Article illustrates the problem with Uniform Commercial Code (UCC) section 2-209, dealing with contract modification and waiver. The paper does not focus on the ambiguities and obfuscations of section 2-209, but on the strategy of lawmaking that inevitably produces such a result. The drafters of section 2-209 ambitiously sought to reform the law, but then lost their nerve. In short, they …
Our Undemocratic Constitution: Where The Constitution Goes Wrong (And How We The People Can Correct It), Michael C. Dorf
Our Undemocratic Constitution: Where The Constitution Goes Wrong (And How We The People Can Correct It), Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Judges, Juries, And Scientific Evidence, Valerie P. Hans
Judges, Juries, And Scientific Evidence, Valerie P. Hans
Cornell Law Faculty Publications
The rise in scientific evidence offered in American jury trials, along with court rulings thrusting judges into the business of assessing the soundness of scientific evidence, have produced challenges for judge and jury alike. Many judges have taken up the duty of becoming “amateur scientists.” But what about juries? Surely they too could benefit from assistance as they attempt to master and apply complex testimony about scientific matters during the course of a trial. Concerns about the jury’s ability to understand, critically evaluate, and employ scientific evidence in deciding complex trials have led to many suggestions for reform.
This article …
Deliberation And Dissent: 12 Angry Men Versus The Empirical Reality Of Juries, Valerie P. Hans
Deliberation And Dissent: 12 Angry Men Versus The Empirical Reality Of Juries, Valerie P. Hans
Cornell Law Faculty Publications
This article contrasts the cinematic portrayal of jury deliberation in 12 Angry Men with an empirical portrait of real world juries derived from fifty years of jury research. The messages of this iconic movie converge with the findings of research studies in some surprising ways. During the course of the movie's deliberation, the different perspectives of the movie's jurors emerge as important contributors to the jury's fact finding, reinforcing the empirical finding that diversity among jurors produces robust deliberation and superior decision making. 12 Angry Men also illustrates both the importance of majority opinions and the power of dissenters under …
The Flight From Arbitration: An Empirical Study Of Ex Ante Arbitration Clauses In The Contracts Of Publicly Held Companies, Theodore Eisenberg, Geoffrey P. Miller
The Flight From Arbitration: An Empirical Study Of Ex Ante Arbitration Clauses In The Contracts Of Publicly Held Companies, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
Informed parties bargaining for their mutual advantage will tend to agree to provisions that maximize the social surplus. Such bargaining includes provisions regarding the resolution of disputes that might arise under the contract. Thus, if a form of alternative dispute resolution, such as binding arbitration, provides greater social benefits than litigation, the dynamics of the process should tend to induce the parties to include a clause submitting future disputes to arbitration. This Article studies the actual contracting practices of large, sophisticated actors with respect to arbitration clauses. We examined over 2800 contracts, filed with the Securities Exchange Commission (SEC) in …
Legal Change, Gerald Torres
Legal Change, Gerald Torres
Cornell Law Faculty Publications
The "demos" in demosprudence is meant to refer to those people who are collectively mobilized to make change. Demosprudence is not "the community" at the micro level. Nor is it the "'polity" writ large whether it acts through representative decision-making or voting in referenda and initiatives. It is not the theory or practice of a riot or a lynch mob. Nor is it the study of elections, whether for representatives or referenda. It is the theory and philosophy of legal meaning making through popular mobilization that engages a "thick" form of participation by people who are pushing for change by …