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1993

Cornell University Law School

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Articles 91 - 99 of 99

Full-Text Articles in Law

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski Jan 1993

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


Racial Imagery In Criminal Cases, Sheri Lynn Johnson Jan 1993

Racial Imagery In Criminal Cases, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Pensions And Passivity, Gregory S. Alexander Jan 1993

Pensions And Passivity, Gregory S. Alexander

Cornell Law Faculty Publications

This article discusses how modem fiduciary law has extended equity's tradition of constructing ownership as passive through the corporate pension system. It examines how the corporate pension system as a mode of owning pooled capital is a new stage of passive ownership. This stage creates a different aspect of the familiar problem of separating control from beneficial ownership. Berle and Means argued that the problem that the separation of control from ownership created was economic. The interests of managers and shareholders in the modern corporation diverge, and, they argued, this divergence diminishes the overall efficiency of the modern economy, dominated …


An Essay On Private Remedies, Emily Sherwin Jan 1993

An Essay On Private Remedies, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Products Liability Cases On Appeal: An Empirical Study, Theodore Eisenberg, James A. Henderson Jr. Jan 1993

Products Liability Cases On Appeal: An Empirical Study, Theodore Eisenberg, James A. Henderson Jr.

Cornell Law Faculty Publications

This article analyzes 1,100 opinions to find the determinants of products liability cases on appeal in state and federal courts. The strongest predictor of plaintiff success on appeal is whether the plaintiff prevailed in a jury trial. Other important factors are the defendant's status as manufacturer, wholesaler, or successor corporation; the plaintiffs degree of injury; and whether the case involved a failure-to-warn claim. The existence of a comparative negligence regime increases the tendency of appellate courts to affirm lower courts. These results allow rejection of a simple model in which pre- and posttrial settlement behavior filters out cases in which …


Against The Tyranny Of Paraphrase: Talking Back To Texts , Elizabeth Fajans, Mary R. Falk Jan 1993

Against The Tyranny Of Paraphrase: Talking Back To Texts , Elizabeth Fajans, Mary R. Falk

Cornell Law Review

No abstract provided.


Women In The Crossfire: Should The Court Allow It , Pamela R. Jones Jan 1993

Women In The Crossfire: Should The Court Allow It , Pamela R. Jones

Cornell Law Review

No abstract provided.


Flsa Restrictions On Volunteerism: The Institutional And Individual Costs In A Changing Economy, Kelley Jordan Jan 1993

Flsa Restrictions On Volunteerism: The Institutional And Individual Costs In A Changing Economy, Kelley Jordan

Cornell Law Review

No abstract provided.


Batson’S Invidious Legacy: Discriminatory Juror Exclusion And The Intuitive Peremptory Challenge , Joshua E. Swift Jan 1993

Batson’S Invidious Legacy: Discriminatory Juror Exclusion And The Intuitive Peremptory Challenge , Joshua E. Swift

Cornell Law Review

No abstract provided.