Legal Theory Commons^™

Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa

Journal Articles

No abstract provided.

Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger

Journal Articles

This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …

Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel

Journal Articles

No abstract provided.

The Disadvantages Of Immigration Restriction As A Policy To Improve Income Distribution, Howard F. Chang

All Faculty Scholarship

In this Article, I argue that tax and transfer policies are more efficient than immigration restrictions as instruments for raising the after tax incomes of the least skilled native workers. Policies to protect these native workers frol1'l immigrant competition in the labor market do no better at promoting distributive justice and are likely to impose a greater economic burden on natives in the country of immigration than the tax alternative. These immigration restrictions are especially costly given the disproportionate burden that they place on households with working women, which discourages fel1'wle participation in the labor force. This burden runs contrary …

Guest Workers And Justice In A Second-Best World, Howard F. Chang

All Faculty Scholarship

This essay offers a defense of guest-worker programs and a critique of the objections raised by Michael Walzer and by other critics of such programs. Although critics commonly complain that guest workers are vulnerable to exploitation by employers, we can design guest-worker programs that minimize the risk of such exploitation. Ready access for relatively unskilled guest workers to citizenship and to public benefits, however, generates a fiscal burden for the public treasury. A right to equal treatment for aliens yields perverse results unless aliens are also entitled to equal concern when the host country decides whether to admit the alien …

Cls Wasn't Killed By A Question, John Henry Schlegel

Journal Articles

No abstract provided.

The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter

All Faculty Scholarship

No abstract provided.

The Protestant Revolutions And Western Law, William Ewald

All Faculty Scholarship

No abstract provided.

Human Rights And National Security: The Strategic Correlation, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Ripstein, Rawls, And Responsibility, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

The Conceptual Jurisprudence Of The German Constitution, William Ewald

All Faculty Scholarship

No abstract provided.

The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang

All Faculty Scholarship

No abstract provided.

An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter

All Faculty Scholarship

No abstract provided.

Method And Principle In Legal Theory, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

All Faculty Scholarship

No abstract provided.

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

In recent years, some legal scholars have argued that legal scholarship could benefit from a greater reliance on theories of human behavior that arise from biological evolution. These scholars contend that reliance on biological evolution would successfully combine the rigor of economics with the scientific aspects of psychology. Complex legal systems, however, are uniquely human. Law has always been the product of cognitive processes that are unique to humans and that developed as a response to an environment that no longer exists. Consequently, the evolutionary development of the cognitive mechanisms upon which law depends cannot be rigorously modeled or studied …

Of Duncan, Peter And Thomas Kuhn, John Henry Schlegel

Journal Articles

No abstract provided.

Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

All Faculty Scholarship

No abstract provided.

The Possibility Of A Fair Paretian, Howard F. Chang

All Faculty Scholarship

No abstract provided.

The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Legal Rules And Social Reform, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Langdell's Auto-Da-Fé, John Henry Schlegel

Journal Articles

No abstract provided.

Threats And Preemptive Practices, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.