Law Commons^™

The Federal Government's Implied Guarantee Of Fannie Mae And Freddie Mac's Obligations: Uncle Sam Will Pick Up The Tab, David J. Reiss

Cornell Law Faculty Publications

This article provides the most comprehensive statutory analysis to date of the federal government’s implied guarantee of Fannie Mae and Freddie Mac’s financial obligations. Fannie and Freddie together have $4.45 trillion in mortgage-related obligations. The magnitude of their obligations can only be understood in comparison to the amount of outstanding U.S. government debt -- $5.04 trillion. Given the ongoing meltdown of the residential mortgage market, it is important that the implied guarantee be understood for what it is, a contingent liability of the federal government. After explaining the nature of the implied guarantee and the risks that it poses, the …

The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles

Cornell Law Faculty Publications

Global private law has become the source of both anxiety and euphoria. Inherent in this fascination is the assumption that global private law threatens the legitimacy of the state by taking over its functions through new techniques of governance. In this article, I build upon research in one arena of global private governance, the production of legal documentation for the global swap markets, to challenge the most prominent assumptions about private law beyond the state. I argue that rather than focusing on how global private law is or is not an artifact of state power, a body of private norms, …

Heuristics, Biases, And Philosophy, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Commenting on Professor Cass Sunstein's work is a daunting task. There is simply so much of it. Professor Sunstein produces scholarship at a rate that is faster than I can consume it. Scarcely an area of law has failed to feel his impact. One cannot today write an article on administrative law, free speech, punitive damages, Internet law, law and economics, separation of powers, or animal rights law without addressing one or more of Sunstein's papers. And his work is typically not a mere footnote. Sunstein has changed how scholars think about each of these areas of law. More broadly, …

Ruffled Feathers At Hubbard Poultry Company, Tammy W. Cowart, Barbara Ross Wooldridge

Accounting, Finance, Information Systems, and Business-Law Faculty Publications and Presentations

This case has a labor law and product liability focus and is suited for a human resource, employment or business law class at the undergraduate level. This case is based on an actual incident; the names of the workers and company have been changed.

Nihilism With A Happy Ending? The Interstate Commerce Commission And The Emergence Of The Post-Enlightenment Paradigm, Mark F. Kightlinger

Law Faculty Scholarly Articles

This Article examines early Supreme Court opinions about the Interstate Commerce Commission (ICC)—the first federal administrative agency—in an effort to identify the intellectual roots of the modern administrative state. The Article argues that the Court's effort to explain and justify the function of the newborn ICC shows the traces of a post-Enlightenment crisis in the field of moral philosophy—i.e., the growing conviction that it is no longer possible for reasonable people to agree on what constitutes a true, objective, universally valid standard of reasonable or just conduct. From this essentially nihilistic starting point, the Court helped to fashion a new …

Doubting Thomasville's Ability-Grouping Program: Holton V. City Of Thomasville School District, William Benjamin Bryant

Mercer Law Review

The summer of 2007 was an active season for education cases in the United States federal court system. While the Supreme Court heard several cases related to freedom of speech and school race issues, the United States Court of Appeals for the Eleventh Circuit heard its own case, Holton v. City of Thomasville School District, in which the court examined the City of Thomasville School District's ("the School District") ability-grouping program. The court held that the School District's program was neither intentionally discriminatory nor the result of prior de jure segregation by the district. The Eleventh Circuit's decision extends …

Rowley Reconsidered: Revisiting Special Education's Landmark Case After 25 Years, John A. Lanear, Elise M. Frattura

The Journal of Law and Education

No abstract provided.

Rowley Revisited: A Personal Narrative, Amy June Rowley

The Journal of Law and Education

No abstract provided.

Board Of Education Of Hendrick Hudson V. Rowley: An Examination Of Its Precedential Impact, Julie F. Mead, Mark A. Paige

The Journal of Law and Education

No abstract provided.

Some Benefit Or Maximum Benefit: Does The No Child Left Behind Act Render Greater Educational Entitlement To Students With Disabilities, Philip T. K. Daniel

The Journal of Law and Education

No abstract provided.

Updating The Fape Standards Under Idea, Dixie Snow Huefner

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Supreme Court Decisions

The Journal of Law and Education

No abstract provided.

Primary & Secondary Education

The Journal of Law and Education

No abstract provided.

Law Review Digests

The Journal of Law and Education

No abstract provided.

Full-Day Kindergarten: A Step Towards Breaking The Cycle Of Poverty In Indiana, Lisa M. Brooks

The Journal of Law and Education

No abstract provided.

Colorblind Constitutionalism, And The Impact On Higher Education, Lucie Small

The Journal of Law and Education

No abstract provided.

Epilogue - Without Data All We Have Are Assumptions: Revisiting The Meaning Of A Free Appropriate Public Education, Jean B. Crockett, Mitchell L. Yell

The Journal of Law and Education

No abstract provided.

Universities & Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.

School Liability: The Danger Of Mandatory Physical Education Classes, Heather Sanders

The Journal of Law and Education

No abstract provided.

The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black

Faculty Publications

The article was part of a symposium on the jurisprudence of Supreme Court Justice Sandra Day O’Connor. First, the article analyzed whether the Court’s decision in Parents Involved v. Seattle Schools was consistent with Justice O’Connor’s majority opinion in Grutter v. Bollinger. The article concludes that Parents Involved narrowly construed the holding in Grutter and limited its effect. Second, the article assessed the practical import of the decision in Parents Involved. It found that the opinion made voluntary desegregation more difficult than it otherwise would be and, thus, would discourage many school districts from taking progressive action. Unfortunately, the article …

The Right To Participate, The Right To Know, And Electronic Voting In Montana, Brian J. Miller

Montana Law Review

Electronic Voting

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 16, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

Regulation Of Blog Campaign Advocacy On The Internet: Comparing U.S., German, And Eu Approaches, Allison R. Hayward

Cardozo Journal of International and Comparative Law

This essay examines how U.S., German, and EU laws have treated the regulation of political commentary on the Internet. As political blogging grows in popularity, the reach of these web sites, and their influence in political campaigns, may make them a target for regulation by rivals and incumbents, both at home and abroad. Since ordinarily any URL can be reached from anywhere with Internet access, conflicting domestic rules about what can be said (and who can say it) present potential for conflicting rules on blogging.

In brief, U.S. law protects blogging content, but may impose restrictions on the source of …

Bankruptcy Policy: A Review And Critique Of Bankruptcy Statutes And Practices In Fifty Countries Worldwide, Ziad Raymond Azar

Cardozo Journal of International and Comparative Law

Bankruptcy law plays a crucial role in a capitalist economy by facilitating resource reallocation through creative destruction, with its effectiveness hinging on balancing creditor protection and debtor rehabilitation. The article examines bankruptcy statutes and practices across 50 countries, emphasizing the need for efficient, practical reforms that maximize estate value while addressing global diversity in insolvency frameworks. It advocates for a comprehensive approach to bankruptcy law, ensuring transparency, fairness, and alignment with economic goals.

Raising The Bars: A Comparative Look At Treatment Standards For Mentally Ill Prisoners In The United States, United Kingdom, And Australia, Kim P. Turner

Cardozo Journal of International and Comparative Law

The note examines the treatment of mentally ill prisoners in the United States, the United Kingdom, and Australia, highlighting the disparity in mental health care within their prison systems. It argues that while the U.K. and Australia have integrated international human rights standards into their policies, the U.S. lags behind, relying on an outdated Eighth Amendment framework that fails to meet contemporary human rights expectations. The author advocates for the U.S. to reevaluate its approach, aligning it with international standards to ensure adequate mental health care for prisoners.

Saving Culture, But Passing The Buck: How The 1970 Unesco Convention Undermines Its Goals By Unduly Targeting Market Nations, Janene Marie Podesta

Cardozo Journal of International and Comparative Law

The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, while well-intentioned, undermines its goals by adopting a nationalistic approach that disproportionately burdens market nations. This bias leads to ineffective enforcement and incentivizes black-market activities, failing to curb the illicit trade of cultural property. The Convention's emphasis on source nations' ownership claims often results in penalizing market nations, discouraging cooperation and perpetuating the problem.

Are We Fighting The Right War?, Alyssa Greenspan

Cardozo Journal of International and Comparative Law

No abstract provided.

Injunctions For Defamation, Juries, And And The Clarifying Lens Of 1868, Stephen A. Siegel

Buffalo Law Review

No abstract provided.

At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott

Buffalo Law Review

No abstract provided.