Law Commons^™

Law And Neoclassical Economic Development In Theory And Practice: Toward An Institutionalist Critique Of Institutionalism, Chantal Thomas

Cornell Law Faculty Publications

Institutionalism propounds a particular set of theoretical assumptions about the role of law in economic growth. In unpacking the development of those assumptions, this Essay adopts a model of intellectual history based on the Kuhnian argument that scientific knowledge evolves through key historical moments that establish theoretical paradigms. These paradigms are replaced only when awareness in the field of anomalies — problems that the existing theoretical paradigm cannot solve — presents a crisis for that paradigm that coincides with the emergence of an "alternate candidate."

The paradigm shift in law and development was enabled by dynamics in both the academy …

Israel's Supreme Court Appellate Jurisdiction: An Empirical Study, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

Cornell Law Faculty Publications

This Essay reports the results of an empirical study of the Israel Supreme Court (ISC). It covers the outcomes of 3,562 cases (as of this writing), all decided in 2006 and 2007, and describes the cases by subject area, litigant-pair characteristics, and source of jurisdiction - mandatory or discretionary. In mandatory-jurisdiction cases ending with clear affirmances or reversals, the ISC affirmed lower court rulings in about 75% of district court criminal case appeals and about 67% of district court civil case appeals. In discretionary- jurisdiction cases, the ISC rarely granted review. It agreed to review about 6 % of petitions …

Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler

Cornell Law Faculty Publications

Recently, claims have been asserted that religious exemptions should be afforded to individuals who object to providing public and commercial services to gay and lesbian individuals, as otherwise mandated by law (e.g., municipal clerks who must grant same-sex marriage licenses, or commercial vendors who are asked to serve at same-sex weddings). This article argues that just as religious exemptions of this sort are not granted for discrimination on the basis of race, religion, national origin, or gender, they should not be granted for discrimination on the basis of sexual orientation or transgender status. Discrimination on the basis of an individual's …

Coordinating Loan Repayment Assistance Programs With New Federal Legislation, Philip G. Schrag, Charles W. Pruett

Journal of Legal Education

No abstract provided.

Stories And Students: Mentoring Professional Development, Harriet N. Katz

Journal of Legal Education

No abstract provided.

Book Review Of A Good Quarrel: America's Top Legal Reporters Share Stories From Inside The Supreme Court, By Timothy R. Johnson And Jerry Goldman, Molly Selvin

Journal of Legal Education

No abstract provided.

Ethics In A Shrinking World Exploring The Ethical Implications Of The Proliferation Of Technology On World Hunger, Kevin M. Dupree

HIM 1990-2015

Even if they do not realize it, readers are perpetually in a condition that is strikingly similar to that of the Good Samaritan. Right now they have access to a vast network of communication that both enhances their senses and increases their sphere of influence. They can, for example, sit down at a computer and click on a certain combination of "sites" and the result will be that, in two weeks (or sooner), a DVD will arrive on their doorstep. Or, they can choose another combination, and the result will be that, in about two weeks (or less), a child …

Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases -Lessons From The Front, John H. Blume, Emily C. Paavola

Mercer Law Review

Over the past several decades, commentators and scholars from the medical, legal, and social science fields have produced a massive body of literature on the intersection of law and neuroimaging. Earlier writings focused on explaining various new techniques for developing brain images, exploring how such images might be relevant in legal proceedings, and addressing evidentiary issues posed by the use of such images in court. More recent publications correspond with a vast expansion of research and funding in the area of neuroscience and address a wide variety of topics, such as the use of neuroimaging to detect deception, predict recidivism …

Jurisdiction, Treaties, And Due Process, Roberto Iraola

Buffalo Law Review

No abstract provided.

Response, Carol M. Rose

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.

On The Evasion Of Executive Term Limits, Tom Ginsburg, James Melton, Zachary Elkins

William & Mary Law Review

Executive term limits are precommitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This Article reviews the normative debate over term limits and identifies …

Children's Interest—Lost In Translation: Making The Case For Involving Children In Mediation Of Child Custody Cases, Cassandra W. Adams

University of Dayton Law Review

No abstract provided.

Symposium Introduction: Custody Through The Eyes Of The Child, Pamela Laufer-Ukeles

University of Dayton Law Review

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Transition Without Transformation: Legal Reform In The Democratization And Development Processes, Ermal Frasheri

Journal of Civil Law Studies

Modernization relies on law as the means of transformation. Democratization and development strategies of the last 20 years, such as the Washington consensus and its successor: good governance and institution building, have embraced the instrumentalization of law in order to create democratic societies and market economies. In these great processes of transformation, from regime changes in Eastern Europe to state building across Central Asia, the process of lawmaking rests upon premises that have a tendency to perpetuate transition without transforming the relationship of the individual to power. This alienizing feature of transition is reflected in lawmaking practices. In this paper, …

Interspousal Claims At The Crossroads Of Tort Law And Family Law: The Delicate Balance Between Family And Individual, Biagio Andò

Journal of Civil Law Studies

This paper discusses the solutions adopted by Italian law (on which this study is mainly focused) and U.S. law as to the issue of recoverability of non-monetary damages suffered by one spouse for the intentional tortious conduct of the other. These suits are usually raised within the divorce proceeding and are grounded in the Italian law on the breach of conjugal duties.

In Italian law, notwithstanding the absence of specific provisions ruling this issue, and therefore the application of the general provisions on tort law not being barred, there was in the past a sort of immunity of family from …

Legal Protection Of Minority Shareholders Of Listed Corporations In Brazil: Brief History, Legal Structure And Empirical Evidence , Bruno Meyerhof Salama, Viviane Muller Prado

Journal of Civil Law Studies

No abstract provided.

An Examination Of The Application Of The Chevron Doctrine In U.S. District Courts, Rebekah Ruth Prince

Graduate Theses and Dissertations

This paper is an examination of the case Chevron v. Natural Resources Defense Council (1984). Using cases from the U.S. Ninth District Circuit Courts, from the years 2008 and 2009,1 examine how this case is being used today. Both behavioral models and models made explicitly to study the use of Chevron were used in order to determine not only how a judge cites this case but also whether their political orientation plays a role.

Has The Time (Of Laches) Come? Recent Nazi-Era Art Litigation In The New York Forum, Bert Demarsin

Buffalo Law Review

No abstract provided.

Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew

Buffalo Law Review

No abstract provided.

Protecting Refugees And Immigrants On United States Soil But Not "In The United States": The Unique Case Of The Commonwealth Of The Northern Mariana Islands, Estelle Hofschneider

Buffalo Law Review

No abstract provided.

The Florida Beach Case And The Road To Judicial Takings, Michael C. Blumm, Elizabeth B. Dawson

William & Mary Environmental Law and Policy Review

In Stop the Beach Renourishment v. Florida Department of Environmental Protection, the U.S. Supreme Court unanimously upheld a state beach restoration project against landowner claims of an unconstitutional taking of the property. This result was not nearly as surprising as the fact that the Court granted certiorari on a case that turned on an obscure aspect of Florida property law: whether landowners adjacent to a beach had the rights to future accretions of sand and to maintain contact with the water.

The Court’s curious interest in the case was piqued by the landowners’ recasting the case from the regulatory taking …

Fourth Generation Environmental Law: Integrationist And Multimodal, Craig Anthony Arnold

William & Mary Environmental Law and Policy Review

Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of interconnected social, legal, and ecological systems that are complex, dynamic, and adaptive. This Article makes the case that environmental law is evolving to become more integrationist and multimodal: using multiple modes and methods of environmental protection, often across multiple scales, but in integrated ways. Integrated multimodality is a feature of much of social life. Building on generational analyses of environmental …

Let's Face Facts, These Mountains Won't Grow Back: Reducing The Environmental Impact Of Mountaintop Removal Coal Mining In Appalachia, Diana Kaneva

William & Mary Environmental Law and Policy Review

No abstract provided.

Getting Hazmat Transportation Back On Track: The Need For Hazmat Liability Reform For Rail Carriers, Zachary T. Abel

William & Mary Environmental Law and Policy Review

No abstract provided.

Arima Models For Bank Failures: Prediction And Comparison, Fangjin Cui

UNLV Theses, Dissertations, Professional Papers, and Capstones

The number of bank failures has increased dramatically over the last twenty-two years. A common notion in economics is that some banks can become "too big to fail." Is this still a true statement? What is the relationship, if any, between bank sizes and bank failures? In this thesis, the proposed modeling techniques are applied to real bank failure data from the FDIC. In particular, quarterly data from 1989:Q1 to 2010:Q4 are used in the data analysis, which includes three major parts: 1) pairwise bank failure rate comparisons using the conditional test (Przyborowski and Wilenski, 1940); 2) development of the …

Student Cheats And Those Who Harbor Them, Sue D. Naim

Journal of Legal Education

No abstract provided.

Negativing Invention, Jacob S. Sherkow

BYU Law Review

No abstract provided.

Preferences For Banking And Payment Services Among Low- And Moderate-Income Households, Michael S. Barr, Jane Dokko, Eleanor Feit

Law & Economics Working Papers

This paper characterizes the features of an account-based payment card – including bank debit cards, prepaid debit cards, and payroll cards – that elicit a high take-rate among low- and moderate-income (LMI) households, particularly those without bank accounts. We apply marketing research techniques, specifically choice modeling, to identify the design of a specific financial services product for LMI households, who often face difficulties maintaining standard bank accounts but need banking services. After monthly cost, we find that, on average, non-monetary features of a payment card, such as the availability of federal protection and the type of card, are factors LMI …

History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann

Law Student Publications

Part I of this comment provides a brief review of Furman and the circumstances leading to the decision. Part II discusses the factors indicating current arbitrariness and other recurring fac-tors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.