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1997

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Cornell University Law School

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Articles 1 - 30 of 118

Full-Text Articles in Law

The Persistent Vegetative State: A View Across The Legal Divide, H. Richard Beresford Dec 1997

The Persistent Vegetative State: A View Across The Legal Divide, H. Richard Beresford

Cornell Law Faculty Publications

Praise for Fred Plum can take many forms: for pedagogical dynamism, for depth and breadth of contributions to neurology and neuroscience, for sure-handed guidance of a department that has infused neurology with today’s and tomorrow’s leaders, and for a truly uncanny ability to fan a drive to excel in those he has touched. Mindful of his admonition to be substantive in what one says and does, my praise will embody a few reflections on the enduring legal and social impact of the “point of view” he and Bryan Jennett authored for the journal Lancet in 1972.


The Concept Of Religion, Eduardo M. Peñalver Dec 1997

The Concept Of Religion, Eduardo M. Peñalver

Cornell Law Faculty Publications


Training In Law And Psychology: Models From The Villanova Conference, Donald N. Bersoff, Jane Goodman-Delahunty, J. Thomas Grisso, Valerie P. Hans, Norman G. Poythress Jr., Ronald G. Roesch Dec 1997

Training In Law And Psychology: Models From The Villanova Conference, Donald N. Bersoff, Jane Goodman-Delahunty, J. Thomas Grisso, Valerie P. Hans, Norman G. Poythress Jr., Ronald G. Roesch

Cornell Law Faculty Publications

Although the domain of law and psychology is a burgeoning and popular field of study, there has never been a concerted effort to evaluate current training models or to develop newer, more effective ones. Forty-eight invited participants attended a national conference held at Villanova Law School to remedy this deficiency. Working groups addressed issues of education and training for the undergraduate level; for doctoral level programs in law and social science; for forensic clinical training; for joint-degree (JD/PhD-PsyD) programs; for those in practica, internships, and postdoctoral programs; and for continuing education. This article delineates levels and models of training in …


How Efficient Markets Undervalue Stocks: Capm And Ecmh Under Conditions Of Uncertainty And Disagreement, Lynn A. Stout Nov 1997

How Efficient Markets Undervalue Stocks: Capm And Ecmh Under Conditions Of Uncertainty And Disagreement, Lynn A. Stout

Cornell Law Faculty Publications



Clarification And Disruption: The Effect Of Gasperini V. Center For Humanities Inc. On The Erie Doctrine , J. Benjamin King Nov 1997

Clarification And Disruption: The Effect Of Gasperini V. Center For Humanities Inc. On The Erie Doctrine , J. Benjamin King

Cornell Law Review

No abstract provided.


Status Quo Doctrine: An Application To Salary Step Increases For Teachers , Steven J. Scott Nov 1997

Status Quo Doctrine: An Application To Salary Step Increases For Teachers , Steven J. Scott

Cornell Law Review

No abstract provided.


Biodiversity And Land , Bradley C. Karkkainen Nov 1997

Biodiversity And Land , Bradley C. Karkkainen

Cornell Law Review

No abstract provided.


Bargaining With Imperfect Information: A Study Of Worker Perceptions Of Legal Protection In An At-Will World , Pauline T. Kim Nov 1997

Bargaining With Imperfect Information: A Study Of Worker Perceptions Of Legal Protection In An At-Will World , Pauline T. Kim

Cornell Law Review

No abstract provided.


Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski Oct 1997

Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski

Cornell Law Faculty Publications



Introduction - Juries: Arbiters Or Arbitrary, Jeffrey J. Rachlinski Oct 1997

Introduction - Juries: Arbiters Or Arbitrary, Jeffrey J. Rachlinski

Cornell Journal of Law and Public Policy

No abstract provided.


Scapegoating The Jury, Clay S. Conrad Oct 1997

Scapegoating The Jury, Clay S. Conrad

Cornell Journal of Law and Public Policy

No abstract provided.


Myth Of Black Juror Nullification: Racism Dressed Up In Jurisprudential Clothing, Elissa Krauss, Martha Schulman Oct 1997

Myth Of Black Juror Nullification: Racism Dressed Up In Jurisprudential Clothing, Elissa Krauss, Martha Schulman

Cornell Journal of Law and Public Policy

No abstract provided.


Comments On Jury Nullification, John W. Bissell Oct 1997

Comments On Jury Nullification, John W. Bissell

Cornell Journal of Law and Public Policy

No abstract provided.


Realistic Responses To The Limitations Of Batson V. Kentucky, Shari Seidman Diamond, Leslie Ellis, Elisabeth Schmidt Oct 1997

Realistic Responses To The Limitations Of Batson V. Kentucky, Shari Seidman Diamond, Leslie Ellis, Elisabeth Schmidt

Cornell Journal of Law and Public Policy

No abstract provided.


Removing Juror Bias By Applying Psychology To Challenges For Cause, Arthur H. Patterson, Nancy L. Neufer Oct 1997

Removing Juror Bias By Applying Psychology To Challenges For Cause, Arthur H. Patterson, Nancy L. Neufer

Cornell Journal of Law and Public Policy

No abstract provided.


Expert Witness And Jury Comprehension: An Expert’S Perspective, James S. Schutz Oct 1997

Expert Witness And Jury Comprehension: An Expert’S Perspective, James S. Schutz

Cornell Journal of Law and Public Policy

No abstract provided.


Assessing Medical Malpractice Jury Verdicts: A Case Study Of An Anesthesiology Department, Bryan A. Liang Oct 1997

Assessing Medical Malpractice Jury Verdicts: A Case Study Of An Anesthesiology Department, Bryan A. Liang

Cornell Journal of Law and Public Policy

No abstract provided.


Inkblot Jurisprudence: Romer V. Evans As A Great Defeat For The Gay Rights Movement, Mark E. Papadopoulos Oct 1997

Inkblot Jurisprudence: Romer V. Evans As A Great Defeat For The Gay Rights Movement, Mark E. Papadopoulos

Cornell Journal of Law and Public Policy

No abstract provided.


Act Of Infidelity: Why The Defense Of Marriage Act Is Unfaithful To The Constitution, Jon-Peter Kelly Oct 1997

Act Of Infidelity: Why The Defense Of Marriage Act Is Unfaithful To The Constitution, Jon-Peter Kelly

Cornell Journal of Law and Public Policy

No abstract provided.


Realist And Secured Credit: Grant Gilmore Common-Law Courts And The Article 9 Reform Process , William J. Woodward Jr. Sep 1997

Realist And Secured Credit: Grant Gilmore Common-Law Courts And The Article 9 Reform Process , William J. Woodward Jr.

Cornell Law Review

No abstract provided.


Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad, Theodore Eisenberg, Stefan Sundgren Sep 1997

Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad, Theodore Eisenberg, Stefan Sundgren

Cornell Law Faculty Publications

Chapter 11 is widely believed to be among the industrialized world's most debtor-oriented reorganization laws. Critics assert that Chapter 11 is too easily available and that it allows debtors too much control by, inter alia, not requiring appointment of a trustee. One criticism of Chapter 11, low returns to unsecured creditors, resonates with an important theme of this Symposium, the Bebchuk-Fried proposal to reduce secured creditor priority in insolvency proceedings. The Chapter 11 criticisms and the Bebchuk-Fried proposal raise the question whether less easy access to Chapter 11, reduced debtor control, diminished secured creditor priority, or other changes could reduce …


Irrational Expectations, Lynn A. Stout Sep 1997

Irrational Expectations, Lynn A. Stout

Cornell Law Faculty Publications

Rational expectations models have become a staple of economic theory and the basis for a Nobel Prize. This article argues that rational expectations analysis suffers from potentially fatal flaws that seriously undermine its value in understanding many market phenomena. Using the example of financial markets, the article illustrates how the rational expectations approach has worked to obscure, rather than to illuminate, our understanding of speculation and speculative markets. This misguidance raises problems for law and policy.


Truth About Secured Financing , Robert E. Scott Sep 1997

Truth About Secured Financing , Robert E. Scott

Cornell Law Review

No abstract provided.


Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis , Lynn M. Lopucki Sep 1997

Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis , Lynn M. Lopucki

Cornell Law Review

No abstract provided.


Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad , Theodore Eisenberg, Stefan Sundgren Sep 1997

Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad , Theodore Eisenberg, Stefan Sundgren

Cornell Law Review

No abstract provided.


Importance Of Priority , Douglas G. Baird Sep 1997

Importance Of Priority , Douglas G. Baird

Cornell Law Review

No abstract provided.


Priority Contracts And Priority In Bankruptcy , Alan Schwartz Sep 1997

Priority Contracts And Priority In Bankruptcy , Alan Schwartz

Cornell Law Review

No abstract provided.


What The Knicks Debacle Of '97 Can Teach Students About The Nature Of Rules, Robert A. Hillman Sep 1997

What The Knicks Debacle Of '97 Can Teach Students About The Nature Of Rules, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy , Steven L. Harris, Charles W. Mooney Jr. Sep 1997

Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy , Steven L. Harris, Charles W. Mooney Jr.

Cornell Law Review

No abstract provided.


Barbarians At The Trough: Riposte In Defense Of The Warren Carve-Out Proposal , Kenneth N. Klee Sep 1997

Barbarians At The Trough: Riposte In Defense Of The Warren Carve-Out Proposal , Kenneth N. Klee

Cornell Law Review

No abstract provided.