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Articles 1 - 30 of 46
Full-Text Articles in Law
American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn
American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn
Scholarly Works
The International Court of Justice ("ICJ" or "Court") is the successor to both the Permanent Court of Arbitration and the Permanent Court of International Justice. Before the first court was established in 1899, only ad hoc tribunals existed. This was due to a basic fact of international law that international tribunals possessed jurisdiction only if the parties to the case conferred it on the tribunal either for that case or previously by an international agreement. Therefore, the great problem of international law today is how to confer as much jurisdiction on the international court as possible. Now that the use …
Urban Air Quality Litigation Under The Clean Air Act: Past, Present And Future, David S. Baron
Urban Air Quality Litigation Under The Clean Air Act: Past, Present And Future, David S. Baron
Air Quality Protection in the West (November 27-28)
20 pages.
Contains footnotes.
Transboundary Air Pollution: The Legal Framework, Mark S. Squillace
Transboundary Air Pollution: The Legal Framework, Mark S. Squillace
Air Quality Protection in the West (November 27-28)
12 pages (includes illustrations).
Contains footnotes.
Strategies To Overcome Agency Recalcitrance Under The Federal Clean Air Act: The Acid Rain Litigation Experience, David R. Wooley
Strategies To Overcome Agency Recalcitrance Under The Federal Clean Air Act: The Acid Rain Litigation Experience, David R. Wooley
Air Quality Protection in the West (November 27-28)
12 pages.
Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center
Air Quality Protection in the West (November 27-28)
Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.
Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …
Market Share - A Tale Of Two Centuries, Aaron Twerski
Market Share - A Tale Of Two Centuries, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Jury's Response To Business And Corporate Wrongdoing, Valerie P. Hans
The Jury's Response To Business And Corporate Wrongdoing, Valerie P. Hans
Cornell Law Faculty Publications
Some of the most vociferous criticisms of the jury relate to its performance in cases involving business and corporate wrongdoing. The jury's competence in such cases is assaulted on a variety of fronts. Critics question the jury's factfinding ability in cases with business and corporate parties, and doubt whether lay jurors can understand the often complex and esoteric evidence of business wrongdoing. Others claim that bias and prejudice, rather than evidence, determine jury decisions about businesses and corporations. The presumed biases cut both ways. The generally positive regard in which the public holds business is credited with creating leniency toward …
A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches
A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
32 pages.
Contains references.
The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston
The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
112 pages (includes illustrations and 1 map).
Contains references.
Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing
Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
10 pages.
Montana’S Response To Interjurisdictional Marketing Challenges, Deborah Beaumont Schmidt
Montana’S Response To Interjurisdictional Marketing Challenges, Deborah Beaumont Schmidt
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
20 pages.
Contains references.
Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars
Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
11 pages.
Contains references.
State Resource Sovereignty In A Post-Sporhase World: The Hueco Bolson, A. Dan Tarlock
State Resource Sovereignty In A Post-Sporhase World: The Hueco Bolson, A. Dan Tarlock
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
30 pages.
Contains references.
Unique Legal Issues Raised By Long Distance Water Transfer Proposals: Etsi, The Columbia River, Nawapa, Ralph W. Johnson
Unique Legal Issues Raised By Long Distance Water Transfer Proposals: Etsi, The Columbia River, Nawapa, Ralph W. Johnson
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
12 pages.
Contains references.
Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf
Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
53 pages.
Contains references.
Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw
Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
26 pages.
Contains references.
Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita
Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
70 pages.
Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson
Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
19 pages.
Interstate Allocation Of The Platte River, J. David Aiken
Interstate Allocation Of The Platte River, J. David Aiken
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
27 pages.
Contains references.
Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe
Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
19 pages.
The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson
The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
38 pages.
Contains references.
Arkansas River Controversy, David W. Robbins
Arkansas River Controversy, David W. Robbins
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
14 pages.
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.
This conference will provide the …
Responses To Corporate Versus Individual Wrongdoing, Valerie P. Hans, M. David Ermann
Responses To Corporate Versus Individual Wrongdoing, Valerie P. Hans, M. David Ermann
Cornell Law Faculty Publications
For many years, researchers assumed that the public was indifferent to corporate wrongdoing, but recent surveys have discovered evidence to the contrary. Taking insights from these data a step further, this study employed an experimental design to examine whether people responded differently to corporate versus individual wrongdoers. We varied the identity of the central actor in a scenario involving harm to workers. Half the respondents were informed that a corporation caused the harm; the remainder were told that an individual did so. Respondents applied a higher standard of responsibility to the corporate actor. For identical actions, the corporation was judged …
What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab
What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab
Cornell Law Faculty Publications
Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells
Scholarly Works
The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …
Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow
Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow
Faculty Scholarship
No abstract provided.
Litigation Models And Trial Outcomes In Civil Rights And Prisoner Cases, Theodore Eisenberg
Litigation Models And Trial Outcomes In Civil Rights And Prisoner Cases, Theodore Eisenberg
Cornell Law Faculty Publications
In ideal circumstances, court cases are won or lost on their merits. But litigation does not proceed free from external social factors or from the characteristics of the participants. Factors other than the merits of cases, therefore, may help explain litigation outcomes and selection of disputes for trial. Possible factors include judge or jury bias, regional influence, the type of case, the quality of counsel, and the nature and resources of plaintiffs and defendants.
This Article uses both impressionistic conjecture about litigation and formal litigation theory to develop and test hypotheses about factors affecting outcomes in civil rights and prisoner …
Cautionary Lessons From American Securities Arbitration: Litigation Versus Arbitration, Ronald D. Rotunda
Cautionary Lessons From American Securities Arbitration: Litigation Versus Arbitration, Ronald D. Rotunda
Law Faculty News Articles, Editorials, and Blogs
In the United States, it is now quite common for lawyers and others to bemoan what is often referred to as 'the litigation crisis. ' No less an authority than former Chief Justice Warren Burger has long complained that American courts 'have become overburdened' by too may lawsuits... Similarly, the Report of the prestigious American Bar Association's Commission on Professionalism recommends expanded use of arbitration in lieu of a norrnal trial before a judge and lay jury. There should be no rush to judgment favouring arbitration. In the first place, it is not at all clear that there is a …
Expert Witnesses, Paul C. Giannelli