Law Commons^™

Silencing Nullification Advocacy Inside The Jury Room And Outside The Courtroom, Nancy J. King

Vanderbilt Law School Faculty Publications

Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification power to acquit defendants who face sentences that jurors view as too harsh, who have been subjected to what jurors consider to be unconscionable governmental action, who have engaged in conduct that jurors do not believe is culpable, or who have harmed victims whom jurors consider unworthy of protection. Recent reports suggest jurors today are balking in trials in which a conviction could trigger a "three strikes" or …

Questioning The "New Consensus" On Promissory Estoppel: An Empirical And Theoretical Study, Robert A. Hillman

Cornell Law Faculty Publications

Professor Hillman presents evidence that contradicts several assumptions about how courts apply the doctrine of promissory estoppel. Although theorists have claimed the importance, even dominance, of the theory as a ground for enforcing promises, he shows that this theory is remarkably unsuccessful in the courts. Professor Hillman also demonstrates the crucial role of reliance in both successful and unsuccessful promissory estoppel cases, despite the "new consensus" that courts enforce promises without a showing of reliance. Finally, Professor Hillman shows that courts award damages flexibly in successful promissory estoppel cases, although analysts have claimed that courts strongly favor expectancy damages.

Professor …

The Best Law School Subject, Robert A. Hillman, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Ducking Dred Scott: A Response To Alexander And Schauer, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Eulogy, William B. Spong Jr., United States Senator (1966-1973), Dean Of The College Of William And Mary School Of Law (1976-1985), Timothy J. Sullivan

William & Mary Law Review

No abstract provided.

Internal Revenue Code Section 1259: A Legitimate Foundation For Taxing Short Sales Against The Box Or A Mere Makeover?, Simon D. Ulcickas

William & Mary Law Review

No abstract provided.

Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman, Iii

Vanderbilt Law Review

The primary determinant of sentence length for federal economic criminals is the amount of "loss" resulting from an offender's conduct.' The idea of basing sentences for economic crimes primarily on "loss" has become the source of ongoing, complex, and proliferating disputes about what the term "loss" really means and how it should be interpreted in particular cases. The "loss" calculation is one of the most frequently litigated issues in federal sentencing law. There are at present splits of opinion between the federal circuits on at least eleven analytically distinct issues concerning the meaning and application of the "loss" concept. Even …

Depaul Law Magazine, Spring 1998

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

The Structure Of Blackstone's Commentaries, Alan Watson

Scholarly Works

Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …

Folsom V. Marsh And Its Legacy, L. Ray Patterson

Scholarly Works

The fair use doctrine has become so important in American copyright law that it is somewhat surprising to learn that the case credited with creating it, Folsom v. Marsh, was so poorly reasoned that it may be entitled to first place in the category of bad copyright decisions. The case was a bill in equity for copyright piracy, the style of which comes from plaintiff, Folsom, Wells and Thurston, printers and publishers, and defendants, Marsh, Capen and Lyon, booksellers.

If one of the characteristics of a bad legal decision is that it gives rise to a myth as to what …

State And Local Taxation Of Electronic Commerce: Reflections On The Emerging Issues, Walter Hellerstein

Scholarly Works

When Ed Cohen honored me with the invitation to present the principal paper on state and local taxation of electronic commerce for this conference, I was pleased to accept, but with one caveat. Because most of my waking hours over the past year seem to have been consumed by the preparation of papers addressed to state taxation of electronic commerce, I warned Ed that much of what I might have to say would not be new -- at least to me. But a funny thing happened on the way to this forum. When I set about my task to prepare …

Civil (Tort) Litigation: The Search For Data Continues, Thomas A. Eaton

Scholarly Works

What do we "know" about tort litigation in Georgia? How many tort suits are filed? What kinds of cases are filed? How many settle and how many go to trial? Do jurors tend to rule in favor of one party or the other? What are the typical damages awarded in cases in which the plaintiff prevails? How often are punitive damages awarded?

Trade Conditionality And The Crane Bill: Rewarding Caribbean Basin Nations For Human Rights Failures, Andrew Bittens

Cardozo Journal of International and Comparative Law

The note critically examines the Caribbean Basin Trade Security Act, or the Crane Bill, highlighting its omission of workers' rights provisions despite the region's history of labor violations. It argues that without enforceable labor standards, the bill may exacerbate poor working conditions. The analysis reviews historical U.S. trade policies like CBERA and GSP, which have failed to improve workers' rights due to vague provisions and weak enforcement. The note proposes integrating a robust workers' rights agreement into the Crane Bill, modeled on international labor standards, to ensure fair trade practices and protect workers.

The Legal And Regulatory Climate For Investment In Post-Apartheid South Africa: An Historical Overview, Jennifer Frankel

Cardozo Journal of International and Comparative Law

The note examines the transformation of South Africa's legal and economic landscape post-apartheid, highlighting the country's efforts to liberalize its foreign investment policies. While significant progress has been made, challenges such as foreign exchange controls and equity swaps continue to deter foreign investment.

The Destruction Of The Brazilian Amazon: An International Problem, Jacqueline Klosek

Cardozo Journal of International and Comparative Law

The destruction of the Brazilian Amazon is a global environmental crisis necessitating international cooperation and responsibility, particularly from developed nations, due to its far-reaching consequences for biodiversity, climate change, and human rights. The note argues that while Brazil bears primary responsibility, the international community, especially developed countries, must assist in addressing the issue due to their historical and ongoing contributions to the problem.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 6, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

Consumer Protection, Globalization And Democracy, John Goldring

Cardozo Journal of International and Comparative Law

The article examines the challenges posed by globalization to consumer protection and the role of nation-states in regulating economic activities. It argues that while globalization offers benefits, it often undermines consumer protections by creating inequalities in information and economic power. The analysis highlights the tension between international trade agreements, which can limit national sovereignty, and the need for robust consumer protection laws. The article also explores the complexities of extraterritorial enforcement of laws and the role of nation-states in maintaining legal frameworks that balance consumer rights with business interests.

The Yugoslav Crisis: Challenge For A New Theory Of Federalism, Thomas Fleiner

Cardozo Journal of International and Comparative Law

The article addresses the violent ethnic conflicts in the former Yugoslavia, highlighting the challenges these conflicts pose to traditional notions of state sovereignty and democracy. It argues that the modern state concept, based on majority rule and the social contract, is inadequate for resolving ethnic conflicts. The author proposes rethinking sovereignty and constitutional frameworks to accommodate ethnic diversity, emphasizing shared sovereignty and consensual decision-making to prevent further violence and ensure peaceful coexistence.

Controlling Corporate Agency Costs: A United States-Israeli Comparative View, Zohar Goshen

Cardozo Journal of International and Comparative Law

The article examines the differing approaches to addressing corporate agency costs in the United States and Israel, highlighting how each country's legal frameworks and market mechanisms respond to distinct agency problems. In the U.S., the "management problem" arises from the separation of ownership and control, whereas Israel faces the "control problem" due to the concentration of ownership. The analysis underscores how the prevalence of these issues influences the adoption of voluntary vs. mandatory solutions.

Law Library Illuminations, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Legal Developments In The Electronic Securities Markets: Online Trading Systems And The Use Of Websites For Offshore Internet Offers, David A. Westbrook, Brandon Becker, Lyle Roberts

Contributions to Books

Published as Chapter 22 in Securities Law & The Internet 1998: Doing Business In a Rapidly Changing Marketplace, Stephen J. Schulte, Michelle C. Wallach & Brandon Becker, eds.

The Illusion Of Efficiency In Workers' Compensation "Reform", Martha T. Mccluskey

Journal Articles

From the late 1980s to 1990s, most states enacted major revisions to their workers' compensation systems. These law changes aim to restrict benefits for injured workers in response to perceptions that rising workers' compensation insurance costs had reached crisis levels by the late 1980s. This article analyzes the main features of these benefit reforms, and shows how these reforms reveal the problems of the predominant economic efficiency rationales underlying recent retrenchment of social welfare programs in general.

Using workers' compensation as an example, I argue that a premise central to much of contemporary law and policy - the distinction between …

Free Speech And The Development Of Liberal Virtues: An Examination Of The Controversies Involving Flag-Burning And Hate Speech, Kenneth D. Ward

University of Miami Law Review

No abstract provided.

The Sales And Use Tax Dilemma: Multiple Taxation, Robert N. Mattson

University of Miami Law Review

No abstract provided.

State And Local Taxation Of Electronic Commerce: Reflections On The Emerging Issues, Walter Hellerstein

University of Miami Law Review

No abstract provided.

Writing Rules Does Not Right Wrongs, Odeana R. Neal

All Faculty Scholarship

I believe the work that lawyers, legal academics, and judges do is important. Our work allows us to devise legal theories, develop litigation strategies and determine outcomes that can make a tremendous difference in people's lives. As a result, I applaud the insight and creativity of Judge Beck and Professors Glennon and Goldfarb. Their work demonstrates how law can be used to protect gay men, lesbians, bisexuals, their relationships and their families.

Masthead, Cardozo Journal Of International And Comparative Law, Vol. 6 (1998)

Cardozo Journal of International and Comparative Law

No abstract provided.

Metropolitanism, Progressivism, And Race, Edward A. Zelinsky

Articles

Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land use authority of local governments be diminished through court-ordered zoning for low-income housing.

Professor Zelinsky is skeptical of these well-intentioned proposals. The metropolitan governments advocated by Rusk and Peirce would be less responsive than the smaller localities they would replace and less likely to …

Indian Lands As Critical Habitat For Indian Nations And Endangered Species: Tribal Survival And Sovereignty Come First, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.