Law Commons^™

A New Uniform Code Of Consumer Credit, Danielle D'Onfro

Scholarship@WashULaw

This Essay provides an overview and criticism of predatory lending laws then proposes a new Uniform Code of Consumer Credit (UCCC) to work alongside the Truth in Lending Act. The proposed UCCC would provide a complete and behaviorally informed system of consumer financial protection that strives to keep credit affordable and to encourage innovative credit products. The Essay argues that a uniform law will create sufficient state-to-state consistency to reduce the need for federal preemption and thereby bring the benefits of federalism - protection from agency capture, legislative responsiveness and experimentation at the state level - into consumer financial protection. …

The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Over the past decade, psychological research has enjoyed a rapidly expanding influence on legal scholarship. This expansion has established a new field—“Behavioral Law and Economics” (BLE). BLE’s principal insight is that human behavior commonly deviates from the predictions of rational choice theory in the marketplace, the election booth, and the courtroom. Because these deviations are predictable, and often harmful, legal rules can be crafted to reduce their undesirable influence. Ironically, BLE seldom recognizes that its intellectual origins lie with psychology more so than economics. This failure leaves BLE open to criticisms that can be answered only by embracing the underlying …

The Elephantine Google Books Settlement, James Grimmelmann

Cornell Law Faculty Publications

The genius - some would say the evil genius - of the proposed Google Books settlement was the way it fuses legal categories. The settlement raised important class action, copyright, and antitrust issues, among others. But just as an elephant is not merely a trunk plus legs plus a tail, the settlement was more than the sum of the individual issues it raised. These “issues” were really just different ways of describing a single, overriding issue of law and policy - a new way to concentrate an intellectual property industry.

In this essay, I argue for the critical importance of …

The Political Animal And The Ethics Of Constitutional Commitment, Josh Chafetz

Cornell Law Faculty Publications

In his article Parchment and Politics: The Positive Puzzle of Constitutional Commitment, Professor Daryl J. Levinson identifies a variety of public choice mechanisms that lead politically empowered groups to accept constitutional limitations on their political power. In this response, Professor Josh Chafetz argues that Levinson overlooks another set of mechanisms, ones which work not at the level of material interests but rather at the level of political morality. Focusing on an Aristotelian account of political morality—an account that was influential among the Framers of the U.S. Constitution and that remains influential today — Chafetz suggests that at least some …

Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson

Cornell Law Faculty Publications

The evidence of modern bias is often difficult to document and, even when documented, still capable of racially neutral interpretations. In contrast, the use of racial epithets is neither subtle nor ambiguous. Prior to the research that generated this article and our representation of two clients whose cases involved racial epithets, we would have assumed that the use of a racial epithet by a decision-maker in a criminal trial would be rare, but that assumption turns out to be wrong. We also would have assumed that the use of an epithet by any of the decision makers would lead to …

Editorial Board - Vol. 21, No. 1 2011

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Distributed Renewable Generation: The Trifecta Of Energy Solutions To Curb Carbon Emissions, Reduce Pollutants, And Empower Ratepayers, Shannon Baker-Branstetter

Villanova Environmental Law Journal (1991 - )

No abstract provided.

For The Birds: Judicial Expansion Of Executive Power In Fund For Animals V. Kempthorne, Lauren B. Murray

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bats And Breezes Take On Federal Policy: The Windy Effects Of Animal Welfare Institute V. Beech Ridge Energy Llc, Kirsten S. Balzer

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Muddying The Waters: United States V. Cundiff Adds Confusion And Complexity To The Ongoing Debate Over The Scope Of Federal Jurisdiction Under The Clean Water Act, P. Ryan Henry

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Ring Temperatures, Political Questions, And Public Nuisances: The Second Circuit Weighs In On The Climate Change Debate In Connecticut V. American Electric Power Co., Michael Schiraldi

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Forcing Life On The Dead: Why The Pregnancy Exemption Clause Of The Kentucky Living Will Directive Act Is Unconstitutional, Kristeena L. Johnson

Kentucky Law Journal

No abstract provided.

Remarks On The Arab Spring Symposium, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Chapter 25. International Investment Arbitration: Winning, Losing And Why, Susan Franck, Karl P. Sauvant, Lisa Sachs, Ken Davies, Ruben Zandvliet, Gary Clyde Hufbauer, Laza Kekic, Nathan M. Jensen, Edmund J. Malesky, Reuven S. Avi-Yonah, Jose Guimon, Lorenzo Cotula, Christian Bellak, Markus Leibrecht, Terutomo Ozawa, Michael Mortimore, Carlos Razo, Premila Nazareth Satyanand, Gert Bruche, Anne Van Aaken, Jürgen Kurtz, Kathryn Gordon, Joachim Pohl, Veljko Fotak, William L. Megginson, Charles Kovacs, Mark Plotkin, David N. Fagan, Subrata Bhattacharjee, Armand Claude De Mestral, Jason Webb Yackee, Kevin P. Gallagher, Lauge N. Skovgaard Poulsen University College London, Hans Smit, Michael D. Nolan, Frederic G. Sourgens, Luke Eric Peterson, Gus Van Harten, Alexandre De Gramont

Contributions to Books

Succinct yet insightful reports are most welcome – especially in our era, distracted as it is by a rising tide of shallow commentary. For those who care about foreign direct investment (FDI), the premier reports are Columbia FDI Perspectives, published every few weeks by the Vale Columbia Center on Sustainable International Investment. Since the first issue (here republished as chapter 2) appeared in November 2008, the Perspectives have adhered to a format of about two pages, authored by a leading expert, on an FDI question of immediate interest. Consequently, there is no better way to keep abreast of changing trends …

Drafting In Doha: An Assessment Of The Darfur Peace Process And Ceasefire Agreements, Paul Williams

Contributions to Books

In the spring of 2010, in Doha, Qatar, the major parties to the Darfur conflict signed a series of framework and ceasefire agreements. The Doha Agreements comprise the Justice and Equality Movement (JEM) Framework, the Liberation and Justice Movement (LJM) Framework, and the LJM Ceasefire Agreements. These accords served two principal purposes. The first and more obvious was to establish a cessation of hostilities and lay the foundation for the negotiation of a comprehensive peace agreement. Critical to each are provisions relating to Security Sector Reform (SSR) and the Disarmament, Demobilization, and Reintegration (DDR) of combatants. Well drafted SSR and …

Thinking About Technology – Watson, Answer Me This: Will You Make Librarians Obsolete Or Can I Use Free And Open Source Software And Cloud Computing To Ensure A Bright Future?, Darla Jackson

Other Faculty Publications

In February 2011, Watson, IBM's "smart" computer, defeated two former Jeopardy champions. While the application of the technology may support some legal research functions, the current state of the technology probably will not allow Watson to replace law librarians in the near future. Yet, given the economic realities of our firms and institutions, librarians do need to consider technologies that may reduce the considerable cost associated with discovering and maintaining access to legal information. Free and open source software and systems and cloud-based initiatives may provide innovative approaches librarians should consider.

Volume 61 Issue 3 (2011), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Government Interference With Law School Clinics And Access To Justice: When Is There A Legal Remedy ?, Peter A. Joy

Case Western Reserve Law Review

No abstract provided.

Can Preemption Protect Public Participation ?, Adam Babich

Case Western Reserve Law Review

No abstract provided.

Law School Clinics And The First Amendment, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.

Government-Sponsored Religious Displays: Transparent Rationalizations And Expedient Post-Modernism, Douglas Laycock

Case Western Reserve Law Review

No abstract provided.

Speech Platforms, Abner S. Greene

Case Western Reserve Law Review

No abstract provided.

Imaginary Threats To Government's Expressive Interests, Helen Norton

Case Western Reserve Law Review

No abstract provided.

When Romer Met Feeney: Why The Second Sentence Of The Ohio Marriage Amendment Violates Equal Protection, Melissa A. Yasinow

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Arthur Austin, Leon Gabinet

Case Western Reserve Law Review

No abstract provided.

Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 2 Issue 1 (2011)

Journal of Law, Technology, & the Internet

No abstract provided.

Pay Per Click: Keyword Advertising And The Search For Limitations Of Online Trademark Infringement Liability, Thomas H. Watson

Journal of Law, Technology, & the Internet

No abstract provided.

Masthead, Volume 2 Issue 2 (2011)

Journal of Law, Technology, & the Internet

No abstract provided.