Law Commons^™

Synecdoche, Gerald Torres

Cornell Law Faculty Publications

This article suggests that the ideas of synecdoche and metonymy are not just figures of speech in which the part stands in for the whole. They are potentially useful metaphoric devices to understand the politics of institutional change through the inclusion of the formerly excluded.

Capture: here the hazard is that those who find themselves in a position to use institutional power may find themselves subject to pressure to conform to the norms and values of those who have traditionally benefitted from the conventional use of that institution's authority. This will often be subtle and it may merely be a …

First-Class Objects, James Grimmelmann

Cornell Law Faculty Publications

What is the difference between "James Grimmelmann" and "@grimmelm" and why should we care? Some computer systems, like Facebook and credit reporting agencies, are inherently "about" people. Others are not. This essay argues that the key technical difference is whether they use unique identifiers to refer to people in their databases. From this single distinction, a host of social and humanistic consequences follow. The essay taxonomizes them and teases out some of their implications for privacy law.

Regulating Financial Innovation: A More Principles-Based Proposal?, Dan Awrey

Cornell Law Faculty Publications

Modem financial markets are characterized by complexity, seemingly perpetual innovation, chronic asymmetries of information and expertise, and pervasive agency costs. Perhaps nowhere are these characteristics-or their attendant regulatory challenges-more pronounced than within OTC derivatives markets. Mounting effective responses to these challenges must be considered amongst the most difficult and important tasks confronting financial regulators. Prescriptive, rules-based approaches toward financial regulation have thus far proven inadequate to this task. Through the utilization of outcome-oriented principles, enhanced dialogic relationships, intensive supervision, and targeted and proportional (yet vigorous) enforcement, "more principles-based" financial regulation (MPBR) manifests the potential to overcome these challenges and, in …

Legal Issues In College And University Internship Programs, Tammy W. Cowart, Mildred Blowen

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

This paper will examine five legal issues which have proven problematic for college internship programs: 1) unpaid student interns; 2) illegal alien students; 3) students with felony convictions; 4) foreign students on student visas; and 5) employer noncompete agreements. In each instance, the authors will briefly examine the legal issues present and make recommendations for how college and university internship programs may avoid legal problems related to these issues.

Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski

Department of History: Dissertations, Theses, and Student Research

While paintings of Native Americans and Europeans exchanging goods and cultural values adorn the walls of museums around the United States, actual Native/non-Native interaction over the past 500 years has been one of illusion, not cooperation. Until recently, legislation “protecting” Native Americans appeared altruistic on the surface, but, instead, served only as a facade for keeping Native artifacts in the hands of scientists and collectors. Even the Native American Graves Protection and Repatriation Act (NAGPRA), the most recent legislative attempt to reconcile the past mistreatment of Native Americans, is riddled with obstacles and optical illusions.

Certainly, NAGPRA demonstrates the most …

Fairness At The Expense Of Commercial Certainty: The International Emergence Of Unconscionability And Illegality As Exceptions To The Independence Principle Of Letters Of Credit And Bank Guarantees, Roger J. Johns, Mark S. Blodgett

Northern Illinois University Law Review

International transactions involve an array of risks. A persistent risk in individual commercial transactions occurs when parties do not know each other well enough to trust each other. Letters of credit and bank guarantees manage this transaction risk by shifting it onto trusted independent third parties. The value of these instruments rests upon the reliability of performance by such third parties, and that depends, in part, on the degree of judicial reluctance to enjoin their performance. To the extent one party to an underlying transaction believes the other can control the third party through injunction, the value of the third …

The Law Of Education: Educational Rights And The Roles Of Virtues, Perfectionism, And Cultural Progress, R. George Wright

Northern Illinois University Law Review

This article recognizes the importance of rights-talk in the law of education, but encourages supplementing that rights-talk with a focus on some basic and largely uncontroversial personal and civic virtues; as well as on perfectionism in the sense of self-realization; and finally on genuine cultural progress over time. Each of these areas of emphasis are argued to be compatible with sound understandings of broadly liberal values, including freedom and autonomy; equality; dignity; and community. To illustrate both the problems and the possibilities of this expanded legal focus throughout the law of education, this article then works through the example of …

Vol. 31, No. 2, Spring 2011: Table Of Contents And Masthead, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Judicial Takings And Collateral Attack On State Court Property Decisions, Stacey L. Dogan, Ernest A. Young

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Primary & Secondary Education Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Lower Federal Courts And State Courts - Primary & Secondary Education Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Title Page

The Journal of Law and Education

No abstract provided.

Health Food Advocacy And The National School Lunch Program Chalk Talk, Reed Troutman

The Journal of Law and Education

No abstract provided.

Book Review, Richard Fossey

The Journal of Law and Education

No abstract provided.

Free Education: The Inclusion Of Educational Materials And Supplies As Part Of The Right To Free Education Chalk Talk, Kate Barnes

The Journal of Law and Education

No abstract provided.

Recent Decisions - Supreme Court Review Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Race To The Top Only Benefits Big Government Chalk Talk, Catherine R. Barnes

The Journal of Law and Education

No abstract provided.

Why Do Some Nations Have More Renewable Energy Policies?, Melissa Dahl

Political Science Theses and Capstones

Some nations have considerably more renewable energy policies than others and this research is attempting to discover why. Renewable energy use is quickly growing in our world and has become a major topic in today’s politics. Existing literature suggests various theories as to why some nations have more renewable energy policies than others. I test these theories with data from two major data sources; REN21, the Renewable Energy Policy Network for the 21st Century, and the International Energy Agency. I anticipate that nations with a larger number of effective political parties, higher GDPs, and larger population would have more renewable …

Gimme Shelter, Robert Leckey

Dalhousie Law Journal

Highlighting the family home's significance as shelter this paper challenges the prevailing view of the demands of the equality guarantee in the Canadian Charter of Rights and Freedoms regarding unmarried cohabitants. In Nova Scotia (Attorney General) v. Walsh, the Supreme Court of Canada rejected the claim that it was discriminatory to restrict rules dividing matrimonial property to married couples. By contrast, on many views it is discriminatory to exclude cohabitants from a support obligation. Scholars and judges assume that Walsh upholds all statutory rules regarding married spouses and their property, including measures protecting the family home as shelter But Walsh …

Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren

Cardozo Journal of International and Comparative Law

This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …

Addressing Human Trafficking Along The United States-Mexico Border: The Need For A Bilateral Partnership, Rocio Garza

Cardozo Journal of International and Comparative Law

The note argues that human trafficking along the U.S.-Mexico border is a complex issue rooted in economic disparities, weak legal frameworks, and the challenges of distinguishing trafficking from smuggling. It advocates for a bilateral partnership between the United States and Mexico to address the transnational nature of the crime, emphasizing the need for coordinated efforts in prosecution, victim protection, and prevention.

Reparations For Displaced Torture Victims, Kathryn Metcalf

Cardozo Journal of International and Comparative Law

The note argues that universal civil jurisdiction is a necessary and viable legal framework to ensure reparations for displaced torture victims, despite challenges such as state immunity and political concerns. It advocates for states to adopt measures like the proposed UK Torture Damages Bill to provide victims with a consistent and reliable path to justice, emphasizing the moral and legal imperative to uphold international prohibitions on torture.

Rethinking The Sovereign Status Of The Holy See: Towards A Greater Equality Of States And Greater Protection Of Citizens In United States Courts, James Fantau

Cardozo Journal of International and Comparative Law

The note advocates for the reclassification of the Holy See from a sovereign state to an instrumentality under the Foreign Sovereign Immunities Act (FSIA). This change would enhance legal accountability, particularly in cases involving sexual abuse scandals, by allowing plaintiffs to sue the Holy See more effectively. The argument is based on legal tests, including the core functions test and the legal characteristics test, which suggest that the Holy See functions more as an instrumentality of the Vatican City State rather than a sovereign entity.

I Want To Ride My Bicycle: Why And How Cities Plan For Bicycle Infrastructure, Ryan Seher

Buffalo Law Review

No abstract provided.

Horizontality And The "Spooky" Doctrines Of American Law, Helen Hershkoff

Buffalo Law Review

No abstract provided.

Knowledge, Risk, And Wrongdoing: The Model Penal Code's Forgotten Answer To The Riddle Of Objective Probability, Eric A. Johnson

Buffalo Law Review

No abstract provided.

Prosecution Without Representation, Douglas L. Colbert

Buffalo Law Review

No abstract provided.

Littoral Rights Under The Takings Doctrine: The Clash Between The Ius Naturale And Stop The Beach Renourishment, Richard A. Epstein

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Stop The Beach Renourishment And The Problem Of Judicial Takings, Ilya Somin

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Assessing The State Of State Constitutionalism, Jim Rossi

Vanderbilt Law School Faculty Publications

State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the academic literature. This review essay discusses Robert Williams’s welcome new book, The Law of American State Constitutions (Oxford University Press, 2009). After summarizing the content of Williams’s book, it discusses the normative significance of his work, focusing especially on his discussion of independent state constitutions and the positive theory of interpretation he advances. The essay concludes by highlighting some areas where the field of state constitutional law is in need of further advancement, including research that positions state constitutions within …