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1993

Cornell University Law School

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Articles 1 - 30 of 99

Full-Text Articles in Law

Future Of Source-Based Taxation Of The Income Of Multinational Enterprises , Robert A. Green Nov 1993

Future Of Source-Based Taxation Of The Income Of Multinational Enterprises , Robert A. Green

Cornell Law Review

No abstract provided.


Why Me: Application And Misapplication 3a1.1 The Vulnerable Victim Enhancement Of The Federal Sentencing Guidelines , John Garry Nov 1993

Why Me: Application And Misapplication 3a1.1 The Vulnerable Victim Enhancement Of The Federal Sentencing Guidelines , John Garry

Cornell Law Review

No abstract provided.


Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells Nov 1993

Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

A fatal mistake. A defendant is sentenced to die because the jury was misinformed about the law. The justice system should be designed to prevent such a tragic error. Yet our interviews with jurors who served in South Carolina capital cases indicate that this nightmare is a reality.

Although our data are limited to South Carolina, the question whether jurors are adequately instructed in capital cases is of national concern. For example, the issue whether jurors should be more fully informed about the alternative to a death sentence has arisen in other states. And the question whether jurors understand the …


The Future Of Source-Based Taxation Of The Income Of Multinational Enterprises, Robert A. Green Nov 1993

The Future Of Source-Based Taxation Of The Income Of Multinational Enterprises, Robert A. Green

Cornell Law Faculty Publications



Deadly Confusion: Juror Instructions In Capital Cases , Theodore Eisenberg, Martin T. Wells Nov 1993

Deadly Confusion: Juror Instructions In Capital Cases , Theodore Eisenberg, Martin T. Wells

Cornell Law Review

No abstract provided.


Persistence Of The Ancient Regime: Custom Utility And The Common Law In The Nineteenth Century , Andrea C. Loux Nov 1993

Persistence Of The Ancient Regime: Custom Utility And The Common Law In The Nineteenth Century , Andrea C. Loux

Cornell Law Review

No abstract provided.


Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Nov 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Cornell Law Review

No abstract provided.


Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart Oct 1993

Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart

Cornell Law Faculty Publications

In courtroom communication, lawyers play a key role. During presentations of opening statements and closing arguments, and through examination and cross-examination of witnesses, lawyers communicate the merits of the case that the jury is to decide. Yet there is surprisingly little systematic information about how jurors perceive lawyers' communication activities. This Article presents new information based upon an interview study with civil jurors about how jurors view and evaluate attorneys and their courtroom behavior. The results of this study are used to make recommendations about enhancing the effectiveness of lawyers' communications.


Selected Bibliography On Aids And Health Insurance, Patricia G. Court, Linda Karr O'Connor Oct 1993

Selected Bibliography On Aids And Health Insurance, Patricia G. Court, Linda Karr O'Connor

Cornell Journal of Law and Public Policy

No abstract provided.


Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey Oct 1993

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

Cornell Law Faculty Publications

The law of habeas corpus has changed again. This time it was the law of harmless error. Before Brecht v. Abrahamson, the courts applied the same harmless error rule on direct appeal and in federal habeas corpus. Under that rule, embraced for constitutional errors in Chapman v. California, a conviction tainted by a constitutional error susceptible to harmless error analysis could be upheld only if the state demonstrated that the error was harmless beyond a reasonable doubt. After Brecht, the venerable Chapman rule still applies to constitutional errors identified and reviewed on direct appeal, but an ostensibly "less …


Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab Oct 1993

Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab

Cornell Law Faculty Publications


Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin Oct 1993

Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr. Oct 1993

Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson Oct 1993

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Evidence, Faust Rossi Oct 1993

Evidence, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Aids And Access To Care: Lessons For Health Care Reformers, Michael T. Isbell Oct 1993

Aids And Access To Care: Lessons For Health Care Reformers, Michael T. Isbell

Cornell Journal of Law and Public Policy

No abstract provided.


Statement From The Secretary Of Health And Human Services, Donna E. Shalala Oct 1993

Statement From The Secretary Of Health And Human Services, Donna E. Shalala

Cornell Journal of Law and Public Policy

No abstract provided.


Employers And Aids: Meeting The Health Benefit Needs Of People With Hiv Disease, Judith K. Barr, Robert A. Padgug Oct 1993

Employers And Aids: Meeting The Health Benefit Needs Of People With Hiv Disease, Judith K. Barr, Robert A. Padgug

Cornell Journal of Law and Public Policy

No abstract provided.


Aids And Private Health Insurance: A Crisis Of Risk Sharing, Robert A. Padgug, Gerald M. Oppenheimer, Jon Eisenhandler Oct 1993

Aids And Private Health Insurance: A Crisis Of Risk Sharing, Robert A. Padgug, Gerald M. Oppenheimer, Jon Eisenhandler

Cornell Journal of Law and Public Policy

No abstract provided.


Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves Oct 1993

Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves

Cornell Journal of Law and Public Policy

No abstract provided.


Reorganizing Gender-Specific Persecution: A Proposal To Add Gender As A Sixth Refugee Category, Mattie L. Stevens Oct 1993

Reorganizing Gender-Specific Persecution: A Proposal To Add Gender As A Sixth Refugee Category, Mattie L. Stevens

Cornell Journal of Law and Public Policy

No abstract provided.


Ulysses In Minnesota: First Steps Toward A Self-Binding Psychiatric Advance Directive Statute , Roberto Cuca Sep 1993

Ulysses In Minnesota: First Steps Toward A Self-Binding Psychiatric Advance Directive Statute , Roberto Cuca

Cornell Law Review

No abstract provided.


Do Siblings Possess Constitutional Rights , Barbara Jones Sep 1993

Do Siblings Possess Constitutional Rights , Barbara Jones

Cornell Law Review

No abstract provided.


Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith Sep 1993

Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith

Cornell Law Faculty Publications

No abstract provided.


Lords Of Lash Loom And Law*: Justice Story Slavery And Prigg V. Pennsylvania, Barbara Holden-Smith Sep 1993

Lords Of Lash Loom And Law*: Justice Story Slavery And Prigg V. Pennsylvania, Barbara Holden-Smith

Cornell Law Review

No abstract provided.


What’S Fairness Got To Do With It? Environmental Justice And The Siting Of Locally Undesirable Land Uses , Vicki Been Sep 1993

What’S Fairness Got To Do With It? Environmental Justice And The Siting Of Locally Undesirable Land Uses , Vicki Been

Cornell Law Review

No abstract provided.


Sodomy And Public Morality Offenses Under U.S. Immigration Law: Penalizing Lesbian And Gay Identity, Shannon Minter Jul 1993

Sodomy And Public Morality Offenses Under U.S. Immigration Law: Penalizing Lesbian And Gay Identity, Shannon Minter

Cornell International Law Journal

No abstract provided.


The Many Contexts Of Welfare Reform, Jeffrey S. Lehman Jul 1993

The Many Contexts Of Welfare Reform, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.


Baseline Problems In Assessing Chapter 11, Theodore Eisenberg Jul 1993

Baseline Problems In Assessing Chapter 11, Theodore Eisenberg

Cornell Law Faculty Publications

Dealing with failing businesses is like dealing with failing marriages. It is messy. The bigger the business the messier the process is likely to be. Many big business failures in the United States go through their death throes or cure their ills in reorganizations under Chapter 11 of the Bankruptcy Act. As the vehicle in which big business messes travel, Chapter 11 is viewed as unnecessarily complex, time-consuming, and costly. The justification for Chapter 11's very existence has been challenged.

This article suggests that we are blaming the vehicle for the mess that it carries. Much of what is problematic …


Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina Jul 1993

Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina

Cornell Law Faculty Publications