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Articles 1 - 30 of 158
Full-Text Articles in Law
Curbing Energy Sprawl With Microgrids, Sara C. Bronin
Curbing Energy Sprawl With Microgrids, Sara C. Bronin
Cornell Law Faculty Publications
Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …
Property Outlaws, Rebel Mythologies, And Social Bandits, Greg Lastowka
Property Outlaws, Rebel Mythologies, And Social Bandits, Greg Lastowka
Cornell Journal of Law and Public Policy
No abstract provided.
The Politics Of Property And Need, Laura S. Underkuffler
The Politics Of Property And Need, Laura S. Underkuffler
Cornell Journal of Law and Public Policy
No abstract provided.
Torture, Impunity, And The Need For Independent Prosecutorial Oversight Of The Executive Branch, Fran Quigley
Torture, Impunity, And The Need For Independent Prosecutorial Oversight Of The Executive Branch, Fran Quigley
Cornell Journal of Law and Public Policy
No abstract provided.
Impeachment And Assassination, Josh Chafetz
Impeachment And Assassination, Josh Chafetz
Cornell Law Faculty Publications
In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …
Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf
Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf
Cornell Law Faculty Publications
Recent scholarship in political science and law challenges the view that judicial review in the United States poses what Alexander Bickel famously called the "counter-majoritarian difficulty." Although courts do regularly invalidate state and federal action on constitutional grounds, they rarely depart substantially from the median of public opinion. When they do so depart, if public opinion does not eventually come in line with the judicial view, constitutional amendment, changes in judicial personnel, and/or changes in judicial doctrine typically bring judicial understandings closer to public opinion. But if the modesty of courts dissolves Bickel's worry, it raises a distinct one: Are …
Razian Authority And Its Implications For Legal Ethics, W. Bradley Wendel
Razian Authority And Its Implications For Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
The question considered in the session was whether the concern of legal ethics is the morality of law, the morality of clients, or the morality of lawyers. The response I have been pursuing, in my book and elsewhere, is that all of these moral concerns are tied together in the lawyer’s role. The morality of law, clients, and lawyers are interrelated, but the political perspective is primary. The law serves a political purpose, of making public life possible despite first-order moral pluralism. When people disagree, either at the level of moral principles or over the facts that bear on the …
Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod
Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod
Cornell Journal of Law and Public Policy
No abstract provided.
A Fall From Grace: United States V. W. R. Grace And The Need For Criminal Discovery Reform, Beth Brennan, Andrew King-Ries
A Fall From Grace: United States V. W. R. Grace And The Need For Criminal Discovery Reform, Beth Brennan, Andrew King-Ries
Cornell Journal of Law and Public Policy
No abstract provided.
A Government Lawyer’S Liability Under Bivens, Marc Stepper
A Government Lawyer’S Liability Under Bivens, Marc Stepper
Cornell Journal of Law and Public Policy
No abstract provided.
There Be No Shelter Here: Anti-Immigrant Housing Ordinances And Comprehensive Reform, Daniel Edwardo Guzman
There Be No Shelter Here: Anti-Immigrant Housing Ordinances And Comprehensive Reform, Daniel Edwardo Guzman
Cornell Journal of Law and Public Policy
No abstract provided.
Response, Eduward M. Penalver
Response, Eduward M. Penalver
Cornell Journal of Law and Public Policy
No abstract provided.
Rethinking Free Trade, Fernando L. Leila
Rethinking Free Trade, Fernando L. Leila
Cornell Law School Inter-University Graduate Student Conference Papers
This paper examines the present theories and shortcomings of current free trade policy, and the consequences thereof, which promote protectionist behavior among countries on an international scale. Theoretically, free trade should encourage progress within the global community. However, developing countries, with astonishing growth rates, like Brazil, China or India, have based their economies on opposing economic policies, closer to mercantilism than liberalization or free trade, allowing for poor countries to question whether free trade is the right way to improve their economies. Furthermore, a huge gap exists between what developed countries preach and what they practice, presenting a major obstacle …
Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen W. Yale-Loehr
Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
The United States has long benefited as a leader in attracting the "best and brightest" immigrants. However, the world has changed since the U.S. immigration system's last major modification in 1990. The United States is no longer the primary destination for many talented immigrants. Many other nations have enacted immigration systems meant to attract the best and brightest immigrants. These immigration systems are often point- based and allow potential immigrants to quickly determine eligibility. By comparison, the U.S. immigration system is slow and complicated. Many now question the United States' ability to attract talented immigrants. This Article first examines how …
The Illusory Right To Abandon, Eduardo M. Peñalver
The Illusory Right To Abandon, Eduardo M. Peñalver
Cornell Law Faculty Publications
The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law’s concern to safeguard the individual autonomy interests that many contemporary commentators have identified as lying at the heart of the concept of private ownership. The doctrine supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so, typically by renouncing possession of the object in a way that communicates the intent to forgo any future claim to it. A complication immediately arises, however, due to …
Burger, Without Spies, Please: Notes From A Human Rights Researcher, Anna Valerie Dolidze
Burger, Without Spies, Please: Notes From A Human Rights Researcher, Anna Valerie Dolidze
Cornell Law School J.S.D. Student Research Papers
No abstract provided.
Do We Need National Human Rights Institutions?: The Experience Of Korea, Buhm-Suk Baek
Do We Need National Human Rights Institutions?: The Experience Of Korea, Buhm-Suk Baek
Cornell Law School J.S.D. Student Research Papers
Korea has experienced a drastic transformation in the "rule of law." During the colonization era, it was nearly impossible for Koreans to foster appropriate human rights. The Korean War further seriously damaged the human rights consciousness in Korea. Military governments ruled the country for 30 years, and it was not until the end of the 1980s that democracy returned. In 1998, Dae-Jung Kim who has been persecuted under the former military regime, was elected President and now exemplifies the progression of Korea "from a victim of human rights violations to a human rights leader." Following President Dae-Jung Kim's election promises …
Developing The Final Frontier: Defining Private Property Rights On Celestial Bodies For The Benefit Of All Mankind, Taylor R. Dalton
Developing The Final Frontier: Defining Private Property Rights On Celestial Bodies For The Benefit Of All Mankind, Taylor R. Dalton
Cornell Law School J.D. Student Research Papers
Sustainable colonization and exploitation of the lunar surface, Mars, or near by asteroids is still decades away. However, NASA, the Obama Administration, and other agencies around the world have shown a growing interest in establishing a human presence on the moon, mars, and beyond.
Unfortunately, the legal regime concerning the use of the Moon and other celestial bodies, which is necessary to further development in outer space, is largely unsettled. One important unsettled area is the ownership status of celestial bodies and whether private property rights on those bodies are permissible and desirable.
This Paper takes the view that private …
Promise Against Peril: Of Power, Purpose, And Principle In International Law, Robert C. Hockett
Promise Against Peril: Of Power, Purpose, And Principle In International Law, Robert C. Hockett
Cornell Law Faculty Publications
I take two recent monographs on international law – Mary Ellen O’Connell’s "The Power and Purpose of International Law," and Eric Posner’s "The Perils of Global Legalism," as case studies in a more general inquiry into the role of the "rule of law" ideal in domestic and international law. I argue that international and domestic law alike give varyingly explicit and effective expression to the rule of law ideal, and that the task before us is accordingly steadily to improve their effectiveness in so doing, not to pretend that there is no role for this ideal to play in interpreting …
The Gross Beast Of Burden Of Proof: Experimental Evidence On How The Burden Of Proof Influences Employment Discrimination Case Outcomes, David Sherwyn, Michael Heise
The Gross Beast Of Burden Of Proof: Experimental Evidence On How The Burden Of Proof Influences Employment Discrimination Case Outcomes, David Sherwyn, Michael Heise
Cornell Law Faculty Publications
Scholarly and public attention to the burden of proof and jury instructions has increased dramatically since the Supreme Court's 2009 decision in Gross v. FBL Financial Services, Inc. Gross holds that the so-called mixed-motive jury instruction, which we call the motivating factor instruction, is not available in age, and possibly disability and retaliation cases. The decision prompted an outcry from the plaintiffs' bar and Congress has proposed legislation to overturn Gross. Despite the outcry, a simple question persists: Does the motivating factor jury instruction influence case outcomes? Results from our experimental mock jury study suggest that such jury instructions …
Reaching Equilibrium In Tobacco Litigation, James A. Henderson Jr., Aaron Twerski
Reaching Equilibrium In Tobacco Litigation, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Recent pro-plaintiff developments in tobacco litigation may lead to the conclusion that such litigation will go on endlessly and threaten the financial viability of the tobacco industry. This article takes the opposite position. Although the industry may take some near-term losses, it is far more likely that tobacco companies will survive short-term losses and that tobacco litigation will reach a stable equilibrium within the next fifteen to twenty years. The threat of third-party payer claims is no longer viable. Courts have unanimously rejected them. With the exception of cases pending in Florida and West Virginia, there are few individual personal …
The Decision To Award Punitive Damages: An Empirical Study, Theodore Eisenberg, Michael Heise, Nicole L. Waters, Martin T. Wells
The Decision To Award Punitive Damages: An Empirical Study, Theodore Eisenberg, Michael Heise, Nicole L. Waters, Martin T. Wells
Cornell Law Faculty Publications
Empirical studies have consistently shown that punitive damages are rarely awarded, with rates of about 3 to 5 percent of plaintiff trial wins. Using the 2005 data from the Bureau of Justice Statistics Civil Justice Survey, this article shows that knowing in which cases plaintiffs sought punitive damages transforms the picture of punitive damages. Not accounting for whether punitive damages were sought obscures the meaningful punitive damages rate, the rate of awards in cases in which they were sought, by a factor of nearly 10, and obfuscates a more explicable pattern of awards than has been reported. Punitive damages were …
Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas
Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas
Cornell Law Faculty Publications
This Essay links a particular legal case study with a broader set of questions about the "family" in a global political and economic context. Part I clarifies the analytic links between the household, the market, and globalization. By studying Egypt, the Essay focuses on one part of this global sociolegal continuum and draws out the special significance of transnational background rules and conditions for the "developmental state." Part II presents the legal framework affecting labor conditions of sub-Saharan African asylum-seekers who are migrant domestic workers in Egypt, and particularly the legal framework that affects their ability to bargain in securing …
Sex Lex: Creating A Discourse, Gerald Torres
Sex Lex: Creating A Discourse, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
The Fsa, Integrated Regulation, And The Curious Case Of Otc Derivatives, Dan Awrey
The Fsa, Integrated Regulation, And The Curious Case Of Otc Derivatives, Dan Awrey
Cornell Law Faculty Publications
With a view to better understanding the optimal structure of financial regulation, this paper tests prevailing theoretical hypotheses respecting the efficiency and overall desirability of integrated financial regulation relative to competing institutional models. This test is conducted through the lens of a comparative case study examining the approaches adopted by (fragmented) U.S financial regulators and the (integrated) UK Financial Services Authority (FSA) toward the myriad of regulatory challenges posed by the emergence, growth, and systemic importance of over-the-counter (OTC) derivatives markets. More specifically, this paper examines why, despite the numerous theoretical advantages of integrated regulation, the FSA adopted a non-interventionist …
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law In Times Of Fundamental Change, Michael P. Scharf
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law In Times Of Fundamental Change, Michael P. Scharf
Cornell International Law Journal
Growing out of the author's experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 2008, this article examines the concept of "Grotian Moment," a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article argues that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now known as …
The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines
The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines
Cornell International Law Journal
No abstract provided.
Traditions In Conflict: The Internationalization Of Confrontation, Kweku Vanderpuye
Traditions In Conflict: The Internationalization Of Confrontation, Kweku Vanderpuye
Cornell International Law Journal
This article considers international norms concerning the right to adversarial confrontation in positing a normative analytical standard of admissibility with respect to the "right to examine" guaranteed under Article 67(1)(e) of the Rome Statute of the International Criminal Court (ICC). It considers the notion of confrontation in the context of both the Continental European tradition, as well as the Anglo-American Common Law conception of the right, focusing on U.S. constitutional doctrine and relatively recent developments in English jurisprudence. It also surveys the scope of the right to examine as defined by the U.N. Human Rights Committee relative to the International …
Disclosing Stored Communication Data To Fight Crime: The U.S. And Eu Approaches To Balancing Competing Privacy And Security Interests, Elise M. Simbro
Disclosing Stored Communication Data To Fight Crime: The U.S. And Eu Approaches To Balancing Competing Privacy And Security Interests, Elise M. Simbro
Cornell International Law Journal
No abstract provided.
Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo
Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo
Cornell International Law Journal
No abstract provided.