Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 80

Full-Text Articles in Law

Property Outlaws, Rebel Mythologies, And Social Bandits, Greg Lastowka Dec 2010

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 Dec 2010

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 Dec 2010

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.


Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod Dec 2010

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 Dec 2010

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 Dec 2010

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 Dec 2010

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 Dec 2010

Response, Eduward M. Penalver

Cornell Journal of Law and Public Policy

No abstract provided.


Seizing The Grotian Moment: Accelerated Formation Of Customary International Law In Times Of Fundamental Change, Michael P. Scharf Oct 2010

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 Oct 2010

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 Oct 2010

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 Oct 2010

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 Oct 2010

Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo

Cornell International Law Journal

No abstract provided.


Puerto Rico’S Stellar Vocation, Luis G. Fortuno Sep 2010

Puerto Rico’S Stellar Vocation, Luis G. Fortuno

Cornell Journal of Law and Public Policy

No abstract provided.


Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson, Max Huffman Sep 2010

Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson, Max Huffman

Cornell Journal of Law and Public Policy

No abstract provided.


Options For Student Borrowers: A Derivatives-Based Proposal To Protect Students And Control Debt-Fueled Inflation In The Higher Education Market, Michael C. Macchiarola, Arun Abraham Sep 2010

Options For Student Borrowers: A Derivatives-Based Proposal To Protect Students And Control Debt-Fueled Inflation In The Higher Education Market, Michael C. Macchiarola, Arun Abraham

Cornell Journal of Law and Public Policy

No abstract provided.


The Perils Of Empowerment, Jane Aiken, Katherine Goldwasser Sep 2010

The Perils Of Empowerment, Jane Aiken, Katherine Goldwasser

Cornell Journal of Law and Public Policy

No abstract provided.


Takings For Economic Development In New York: A Constitutional Slam Dunk, Alexander D. Racketa Sep 2010

Takings For Economic Development In New York: A Constitutional Slam Dunk, Alexander D. Racketa

Cornell Journal of Law and Public Policy

No abstract provided.


The American Czars, Kevin Sholette Sep 2010

The American Czars, Kevin Sholette

Cornell Journal of Law and Public Policy

No abstract provided.


Basic Indian Legal Literature For Foreign Legal Professionals, Uma Narayan Aug 2010

Basic Indian Legal Literature For Foreign Legal Professionals, Uma Narayan

International Journal of Legal Information

Among Asian Nations, India has become a major political, cultural and business hub. This situation has contributed to frequent interaction of foreign governments, foreign nationals and businesspersons with India and Indians. In order to make them aware of the Indian Legal System and Literatures - so that they act within scope of the system – I present here a brief article giving an introduction to Indian legal literature and legal sources.


Resolving The Continuing Controversy Regarding Confidential Informants In Private Securities Fraud Litigation, Michael J. Kaufman, John M. Wunderlich Jul 2010

Resolving The Continuing Controversy Regarding Confidential Informants In Private Securities Fraud Litigation, Michael J. Kaufman, John M. Wunderlich

Cornell Journal of Law and Public Policy

No abstract provided.


In Celebration Of Steven Shiffrin’S The Religious Left And Church-State Relations, Kent Greenawalt Jul 2010

In Celebration Of Steven Shiffrin’S The Religious Left And Church-State Relations, Kent Greenawalt

Cornell Journal of Law and Public Policy

No abstract provided.


Constitutional Commitments And Religious Identity, Bernadette Meyler Jul 2010

Constitutional Commitments And Religious Identity, Bernadette Meyler

Cornell Journal of Law and Public Policy

No abstract provided.


The Religious Left And Church-State Relations: A Response To Kent Greenawalt And Bernie Meyler, Steven H. Shiffrin Jul 2010

The Religious Left And Church-State Relations: A Response To Kent Greenawalt And Bernie Meyler, Steven H. Shiffrin

Cornell Journal of Law and Public Policy

No abstract provided.


Punitive Damages Caps: A Proposed Middle Ground After Exxon Shipping Co. V. Baker, Ryan J. Strasser Jul 2010

Punitive Damages Caps: A Proposed Middle Ground After Exxon Shipping Co. V. Baker, Ryan J. Strasser

Cornell Journal of Law and Public Policy

No abstract provided.


The Iphone Jailbreaking Exemption And The Issue Of Openness, Michael H. Wolk Jul 2010

The Iphone Jailbreaking Exemption And The Issue Of Openness, Michael H. Wolk

Cornell Journal of Law and Public Policy

No abstract provided.


Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy, Kimani Paul-Emile Jul 2010

Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy, Kimani Paul-Emile

Cornell Journal of Law and Public Policy

No abstract provided.


Rethinking Liability For Vaccine Injury, Joanna B. Apolinsky, Jeffrey A. Van Detta Jul 2010

Rethinking Liability For Vaccine Injury, Joanna B. Apolinsky, Jeffrey A. Van Detta

Cornell Journal of Law and Public Policy

No abstract provided.


Piercing The Veil Of Bank Secrecy - Assessing The United States’ Settlement In The Ubs Case, Laura Szarmach Apr 2010

Piercing The Veil Of Bank Secrecy - Assessing The United States’ Settlement In The Ubs Case, Laura Szarmach

Cornell International Law Journal

No abstract provided.


Mandatory Labor Arbitration Of Statutory Claims, And The Future Of Fair Employment: 14 Penn Plaza V. Pyett, David L. Gregory, Edward Mcnamara Apr 2010

Mandatory Labor Arbitration Of Statutory Claims, And The Future Of Fair Employment: 14 Penn Plaza V. Pyett, David L. Gregory, Edward Mcnamara

Cornell Journal of Law and Public Policy

No abstract provided.