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2003

Cornell University Law School

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Articles 1 - 30 of 167

Full-Text Articles in Law

Compensation And Revenge, Emily Sherwin Dec 2003

Compensation And Revenge, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout Dec 2003

Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout

Cornell Law Faculty Publications

This Article evaluates two possible explanations for why shareholders of public corporations tolerate board control of corporate assets and outputs: the widely accepted monitoring hypothesis, which posits that shareholders rely on boards primarily to control the "agency costs" associated with turning day-to-day control over the firm over to self-interested corporate executives, and the mediating hypothesis, which posits that shareholders also seek to "tie their own hands" by ceding control to directors as a means of attracting the extracontractual, firm-specific investments of such stakeholder groups as executives, creditors, and rank-and- file employees.

Part I reviews each hypothesis and concludes that each ...


The Expectations Of Consumers, Douglas A. Kysar Nov 2003

The Expectations Of Consumers, Douglas A. Kysar

Cornell Law Faculty Publications

In the few years following promulgation of the Restatement (Third) of Torts: Products Liability, several courts have reaffirmed their allegiance to the consumer expectations test for product design defect liability, while rejecting the Restatement's contrary recommendation to adopt a design defect test that focuses primarily on technical features regarding the risk and utility of alternative product designs. In this Article, Professor Kysar reviews the post-Third Restatement decisions, identifying within them a common failure to articulate a coherent, independent doctrinal role for the consumer expectations test, despite the courts' clearly expressed desire to do so. In Kysar's view, courts ...


The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai Nov 2003

The Balancing Act Of Copyright: The Copyright Laws Of Australia And The United States In The Digital Era, Dilan J. Thampapillai

Cornell Law School J.D. Student Research Papers

The digital era has posed a unique challenge to copyright law. The emergence of the information technology revolution and the internet has increased the ability and the willingness of copyright users to copy and distribute protected material. In response to this phenomenon copyright owners have pushed for stronger laws to protect their content from infringement. Their success has prompted a strong counter reaction from copyright users and consumer groups.

This paper seeks to examine how changes to Australian and US copyright law have resulted in an imbalance between owners and users and whether the traditional safeguards of fair dealing and ...


Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski Nov 2003

Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

The authors agree with Professor Kysar that the current version of the consumer expectations test for design defectiveness is an amorphous, unprincipled misreading of section 402A of the Restatement (Second) of Torts. And they agree that most courts apply risk-utility balancing in determining design defectiveness. But they disagree with Kysar's proposal to supplement risk-utility balancing with a reinvigorated consumer expectations test based on expert testimony regarding what consumers actually expect in the way of design safety. Judicial reliance on such testimony would be susceptible to result-oriented manipulation by litigants, would not guide manufacturers in making sensible design choices, would ...


Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles Nov 2003

Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles

Cornell Law Faculty Publications

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Daddy Dilemmas: Untangling The Puzzles Of Paternity, Donald C. Hubin Oct 2003

Daddy Dilemmas: Untangling The Puzzles Of Paternity, Donald C. Hubin

Cornell Journal of Law and Public Policy

No abstract provided.


Voluntary Impoverishment To Obtain Government Benefits, John A. Miller Oct 2003

Voluntary Impoverishment To Obtain Government Benefits, John A. Miller

Cornell Journal of Law and Public Policy

No abstract provided.


Republican Party Of Minnesota V. White: The End Of Judicial Election Reform, Lindsay E. Lippman Oct 2003

Republican Party Of Minnesota V. White: The End Of Judicial Election Reform, Lindsay E. Lippman

Cornell Journal of Law and Public Policy

No abstract provided.


Discrimination: The Law Vs. Morality, Walter E. Williams Oct 2003

Discrimination: The Law Vs. Morality, Walter E. Williams

Cornell Journal of Law and Public Policy

No abstract provided.


Work Is Its Own Reward: Are Workfare Participants Employees Entitled To Protection Under The Fair Labor Standards Act, Nan S. Ellis Oct 2003

Work Is Its Own Reward: Are Workfare Participants Employees Entitled To Protection Under The Fair Labor Standards Act, Nan S. Ellis

Cornell Journal of Law and Public Policy

No abstract provided.


Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson Oct 2003

Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson

Cornell Law Faculty Publications

Jamie Wilson, nineteen years old and severely mentally ill, walked into a school cafeteria and started shooting. Two children died, and Jamie was charged with two counts of capital murder. Because he admitted his guilt, the only issue at his trial was the appropriate punishment. The trial judge assigned to his case, after hearing expert testimony on his mental state, found that mental illness rendered Jamie unable to conform his conduct to the requirements of law at the time of the crime—not impaired by his mental illness in his ability to control his behavior, but unable to control his ...


The Evolution Of Equality In American Law, Gerald Torres Oct 2003

The Evolution Of Equality In American Law, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.


Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres Oct 2003

Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.


The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond Oct 2003

The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond

Cornell Law Faculty Publications

No abstract provided.


The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond Oct 2003

The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond

Cornell Law Faculty Publications

No abstract provided.


Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo Oct 2003

Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.


Constitutional Existence Conditions And Judicial Review, Michael C. Dorf, Matthew D. Adler Oct 2003

Constitutional Existence Conditions And Judicial Review, Michael C. Dorf, Matthew D. Adler

Cornell Law Faculty Publications

Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision ...


Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii Oct 2003

Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.


The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond Sep 2003

The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond

Cornell Law Faculty Working Papers

This article argues that the process of globalization has generated a legitimation deficit that can be the source of wasteful, even destructive, social and political conflict. I stylize this outcome as "the PetroChina Syndrome," after a leading example of the kind of activity generated in response to globalization, the PetroChina Campaign, where a coalition of labor, human rights, environmental, anti-slavery and religious groups worked together to oppose the initial public offering of a major Chinese oil company led by Goldman Sachs. The article begins with a discussion of this important but largely unexplored dimension of the anti-globalization era triggered by ...


The 'Race To The Bottom' Returns: China’S Challenge To The International Labor Movement, Stephen F. Diamond Sep 2003

The 'Race To The Bottom' Returns: China’S Challenge To The International Labor Movement, Stephen F. Diamond

Cornell Law Faculty Working Papers

China is now, and increasingly, an integral player in the global economy and in international relations. Economic and political restructuring in China today is affecting the lives of millions, yet only a small number of top bureaucrats and wealthy regime-backed entrepreneurs are making the basic decisions about the outcome of this process. This bureaucratic and entrepreneurial class resists fiercely any serious attempt to build independent and democratic institutions such as trade unions.

This article will consider four areas of concern. First, the structural changes underway in the Chinese economy are creating both domestic and international imbalances that are exacerbating inequalities ...


Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan Sep 2003

Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan

Cornell Law Faculty Publications

No abstract provided.


Domestic Violence: Does The African Context Demand A Different Approach?, Cynthia Grant Bowman Sep 2003

Domestic Violence: Does The African Context Demand A Different Approach?, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.


Empirical Research And Civil Jury Reform, Valerie P. Hans, Stephanie Albertson Aug 2003

Empirical Research And Civil Jury Reform, Valerie P. Hans, Stephanie Albertson

Cornell Law Faculty Publications

In January 2003, President George W. Bush invoked the supposed failings of the civil jury as the rationale for sweeping changes to the civil justice system. In a speech given at the University of Scranton, in Pennsylvania, a state where skyrocketing costs of medical malpractice insurance had created a political crisis, President Bush said, "Excessive jury awards will continue to drive up insurance costs, will put good doctors out of Scranton, Pa." Among the changes he proposed were a decrease in the time that patients would have to sue their doctors, a national cap on pain and suffering awards at ...


Law Vs. Public Policy: A Critical Exploration, Theodore J. Lowi Jul 2003

Law Vs. Public Policy: A Critical Exploration, Theodore J. Lowi

Cornell Journal of Law and Public Policy

No abstract provided.


The Politics Of Miranda, Jeffrey Standen Jul 2003

The Politics Of Miranda, Jeffrey Standen

Cornell Journal of Law and Public Policy

No abstract provided.


Race, Class, And The Regulation Of The Legal Profession In The Progressive Era: The Case Of The 1908 Canons, Alfred L. Brophy Jul 2003

Race, Class, And The Regulation Of The Legal Profession In The Progressive Era: The Case Of The 1908 Canons, Alfred L. Brophy

Cornell Journal of Law and Public Policy

No abstract provided.


Branches Behaving Badly: The Predictable And Often Desirable Consequences Of The Separation Of Powers, Saikrishna B. Prakash Jul 2003

Branches Behaving Badly: The Predictable And Often Desirable Consequences Of The Separation Of Powers, Saikrishna B. Prakash

Cornell Journal of Law and Public Policy

No abstract provided.


Defending The Aristocracy: Aba Accreditation And The Filtering Of Political Leaders, George B. Shepherd Jul 2003

Defending The Aristocracy: Aba Accreditation And The Filtering Of Political Leaders, George B. Shepherd

Cornell Journal of Law and Public Policy

No abstract provided.


How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle Jul 2003

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle

Cornell Journal of Law and Public Policy

No abstract provided.