Law Commons^™

China And Disability Rights, Michael Ashley Stein

Faculty Publications

No abstract provided.

Lawsuits And Empire: On The Enforcement Of Sovereign Debt In Latin America, Faisal Z. Ahmed, Laura Alfaro, Noel Maurer

Law and Contemporary Problems

No abstract provided.

The Market For Odious Debt, Caroline M. Gentile

Law and Contemporary Problems

No abstract provided.

Exchange Stabilization Fund Loans To Sovereign Borrowers: 1982-2010, Russell Munk

Law and Contemporary Problems

No abstract provided.

Tinkering With Restrictions On Educator Speech: Can School Boards Restrict What Educators Say On Social Networking Sites?, Patricia M. Nidiffer

University of Dayton Law Review

No abstract provided.

The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo

Journal of Race, Gender, and Ethnicity

No abstract provided.

Brave New Eugenics: Regulating Assisted Reproductive Technologies In The Name Of Better Babies, Kerry L. Macintosh

Faculty Publications

Infertile men and women have been using assisted reproductive technologies (ART) to conceive children since the first "test-tube baby" was born in 1978. During the past decade, however, the federal government has begun to clamp down on ART, asserting safety concerns as grounds forbanning novel technologies such as cloning, nuclear transfer, and ooplasm transfer.

Some scholars and policymakers now want to extend governmental regulation to include conventional ART such as in vitro fertilization (IVF) and intracytoplasmic sperm injection (ICSI). They claim children conceived through ART face an increased risk of birth defects and other health problems.

This Article examines the …

Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann

Cornell Law Faculty Publications

In addition to gerund-noun-noun titles and a concern with the misaligned incentives of businesses that handle consumers' financial data, Chris Hoofnagle's Internalizing Identity Theft and Juliet Moringiello's Warranting Data Security share something else: hidden themes. Hoofnagle's paper is officially about an empirical study of identity theft, but behind the scenes it's also an exploration of where we draw the line between public information shared freely and secret information used to authenticate individuals. Moringiello's paper is officially a proposal for a new warranty of secure handling of payment information, but under the surface, it invites us to think about the relationship …

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 …

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

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 …

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 …

Supreme Court Review

The Journal of Law and Education

No abstract provided.

Spare The Rod, But A Strip Search Is Okay - The Effect Of Qualified Immunity And Allowing A Strip Search In School, Holly Hudelson

The Journal of Law and Education

No abstract provided.

No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne-Tsoupros

The Journal of Law and Education

No abstract provided.

Construing Wills And Trusts During The Estate Tax Hiatus In 2010, S. Alan Medlin, F. Ladson Boyle

Faculty Publications

Many estate planners have drafted wills and revocable trusts with dispositive provisions based on formulas. These formulas often use language based on transfer tax terminology. For clients who die in 2010, the language used in these formulas will be ambiguous, if not apparently meaningless, because Congress failed to re-institute the estate tax for 2010. The resulting 2010 estate tax hiatus will result in will and revocable trust construction problems for the estates of many decedents who die during the hiatus. Courts will have to use statutory and common law construction methods to attempt to determine the decedent's dispositive intentions. This …

Will Individuals Aboard The Cultural Pirate Ship Be Struck By The Acta's Cannon Ball?, Shalom Andrews

Joint PIJIP/TLS Research Paper Series

Combating internet piracy is a global challenge. Fundamentally, piracy lingers because it has become a culturally acceptable behaviour that is under-enforced. The Anti-Counterfeiting Trade Agreement (ACTA) is the latest enforcement measure aimed at sinking the pirate ship.

The first part of this paper will explore piracy as a cultural phenomenon and how it interacts with Australian civil and criminal law. Pirates, who have awareness that their plundering is wrong, convince themselves that: there are moral grounds for their escapades; there is a government conspiracy to reduce internet freedom; they are fighting globalisation by attacking the corporations who reap disproportionate booty, …

Front Matter And Contents, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

The Admissibility Of Expert Witness Testimony Based On Adolescent Brain Imaging Technology In The Prosecution Of Juveniles: How Fairness And Neuroscience Overcome The Evidentiary Obstacles To Allow For Application Of A Modified Common Law Infancy Defense, Sally Terry Green

North Carolina Journal of Law & Technology

No abstract provided.

Unanswered Arrrrguments After The Pirate Bay Trial: Dropping Sail In The Safe Harbors Of The Eu Electronic Commerce Directive, J. E. Bassett Iv

North Carolina Journal of Law & Technology

No abstract provided.

Will The Fda's 2010 Warfarin Label Changes Finally Provide The Legal Impetus For Warfarin Pharmacogenetic Testing, Susan A. Fuchs

North Carolina Journal of Law & Technology

No abstract provided.

Ebay Becomes A Girl's New Best Friend As The Second Circuit Sidesteps The Nominative Fair Use Doctrine, Leaving Tiffany To Police Counterfeits In The Online Marketplace, Lisa Williford Arthur

North Carolina Journal of Law & Technology

No abstract provided.

Sherley V. Sebelius: A Call To Congress To Explicitly Support Medical Research On Human Embryonic Stem Cells, Layla Cummings

North Carolina Journal of Law & Technology

No abstract provided.

Patient Consent To Health Information Technology: Safeguarding Patients' Records And Confidences, Varsha D. Gadani

North Carolina Journal of Law & Technology

No abstract provided.

Using Fair Use To Stop A Copyright Troll From Threatening Hyperlinkers, Nicole Downing

North Carolina Journal of Law & Technology

No abstract provided.

The Espionage Act And Today's High-Tech Terrorist, Jamie L. Hester

North Carolina Journal of Law & Technology

No abstract provided.

The Fcc's New Network Semi-Neutrality Order Maintains Inconsistency In The Broadband World, Kendra Leghart

North Carolina Journal of Law & Technology

No abstract provided.

Jones V. Harris Associates, L.P.: The Unconflicted Fiduciary , Colleen Del Casino

University of Miami Law Review

No abstract provided.

Decent Exposure: The Sec's Lack Of Authority And Restraint In Proposing To Eliminate Flash Trading, David D. Gruberg

University of Miami Law Review

No abstract provided.

Citizens United: How The New Campaign Finance Jurisprudence Has Been Shaped By Previous Dissents, David Axelman

University of Miami Law Review

No abstract provided.