Deconstructing Nondelegation,
2010
Cornell Law School
Deconstructing Nondelegation, Cynthia R. Farina
Cornell Law Faculty Publications
This Essay (part of the panel on "The Administrative State and the Constitution" at the 2009 Federalist Society Student Symposium) suggests that the persistence of debates over delegation to agencies cannot persuasively be explained as a determination finally to get constitutional law “right,” for nondelegation doctrine—at least as traditionally stated—does not rest on a particularly sound legal foundation. Rather, these debates continue because nondelegation provides a vehicle for pursuing a number of different concerns about the modern regulatory state. Whether or not one shares these concerns, they are not trivial, and we should voice and engage them directly rather than …
Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons,
2010
Visiting Professor, Cornell Law School
Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons, Asif Efrat
Cornell Law Faculty Publications
Contrary to the general trend of trade liberalization, specific goods—such as small arms, drugs, and antiquities—have come under increasing international control in recent decades through a set of international regulatory agreements. This article offers a theoretical framework of government preferences on the international regulation of these goods. Departing from conventional models of trade policy, the theoretical framework introduces negative externalities, rather than protection, as the motivation for restricting trade; it also takes moral concerns into account. I test this framework empirically through an original survey of government views on international small-arms regulation. Based on interviewing officials from 118 countries, the …
The Torture Lawyers,
2010
Cornell Law School
The Torture Lawyers, Jens David Ohlin
Cornell Law Faculty Publications
One of the longest shadows cast by the Bush Administration’s War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most important areas of justifications and excuses. First, the debate about torture has been overly focused on justifications for torture. This can be explained in part by …
Contract Law In Context: The Case Of Software Contracts,
2010
Cornell Law School
Contract Law In Context: The Case Of Software Contracts, Robert A. Hillman
Cornell Law Faculty Publications
The membership of The American Law Institute unanimously approved the “Principles of the Law of Software Contracts” in May of 2009. In this essay for a symposium in the Wake Forest Law Review, I draw on my experience as Reporter on the ALI project to add my perspective on an interesting general question: Is specialization of contract law wise and, if so, in what contexts? I certainly cannot definitively answer the question of whether in the abstract society is better off with general or specialized law, but my experience in drafting the software rules, along with Associate Reporter, Maureen O'Rourke, …
Liability Regulations In European Subcontracting: Will Joint Liability Be The 21 St Century European Approach?,
2010
Maurice A. Deane School of Law at Hofstra University
Liability Regulations In European Subcontracting: Will Joint Liability Be The 21 St Century European Approach?, Matthew R. Amon
Journal of International Business and Law
No abstract provided.
Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action,
2010
Cornell Law School
Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action, Sandra Day O'Connor, Stewart Schwab
Cornell Law Faculty Publications
No abstract provided.
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico,
2010
Cornell Law School
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas
Cornell Law Faculty Publications
The debate over immigration policy in the United States has reached a crescendo in recent years, with particular concern over illegal workers and their impact on social well-being in this country. Yet in the prevailing analysis of this issue, the relationship between immigration and contemporary international trade policy is often overlooked. In particular, few commentators recognize or understand that a significant part of the surge in illegal labor from Mexico--the source of the majority of undocumented workers in the United States—stems from reforms that Mexico undertook in cooperation with the United States to liberalize trade flows across the Mexico-United States …
Undocumented Migrant Workers In A Fragmented International Order,
2010
Cornell Law School
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Cornell Law Faculty Publications
This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …
“Retributive Damages” And The Death Of Private Ordering,
2010
University of Pennsylvania Carey Law School
“Retributive Damages” And The Death Of Private Ordering, Michael I. Krauss
University of Pennsylvania Law Review Online
No abstract provided.
Opportunistic Textualism,
2010
University of Pennsylvania Carey Law School
Opportunistic Textualism, Lawrence M. Solan
University of Pennsylvania Law Review Online
No abstract provided.
Is The Filibuster Constitutional?,
2010
University of Pennsylvania Carey Law School
Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt
University of Pennsylvania Law Review Online
No abstract provided.
A Failure Of Uniform Laws?,
2010
University of Pennsylvania Carey Law School
A Failure Of Uniform Laws?, Michael Risch
University of Pennsylvania Law Review Online
No abstract provided.
The Right To Remain Silent,
2010
University of Pennsylvania Carey Law School
The Right To Remain Silent, Charles Weisselberg, Stephanos Bibas
University of Pennsylvania Law Review Online
No abstract provided.
The Partner-Manager: Some Thoughts On Bebchuk And Fried,
2010
University of Pennsylvania Carey Law School
The Partner-Manager: Some Thoughts On Bebchuk And Fried, Lawrence E. Mitchell
University of Pennsylvania Law Review Online
No abstract provided.
Harm Reduction And The American Difference: Drug Treatment And Problem-Solving Courts In Comparative Perspective,
2010
University of Maryland Francis King Carey School of Law
Harm Reduction And The American Difference: Drug Treatment And Problem-Solving Courts In Comparative Perspective, James L. Noland Jr.
Journal of Health Care Law and Policy
No abstract provided.
The Food And Drug Administration And The Pharmacy Profession: Partners To Ensure The Safety And Efficacy Of Pharmacogenomic Therapy,
2010
University of Maryland Francis King Carey School of Law
The Food And Drug Administration And The Pharmacy Profession: Partners To Ensure The Safety And Efficacy Of Pharmacogenomic Therapy, Jennifer E. Spreng
Journal of Health Care Law and Policy
No abstract provided.
Follow-On Biologics: Legal, Scientific, And Policy Considerations,
2010
University of Maryland Francis King Carey School of Law
Follow-On Biologics: Legal, Scientific, And Policy Considerations, Jeremiah L. Kelly
Journal of Health Care Law and Policy
No abstract provided.
Keeping Prevention In The Crosshairs: A Better Hiv Exposure Law For Maryland,
2010
University of Maryland Francis King Carey School of Law
Keeping Prevention In The Crosshairs: A Better Hiv Exposure Law For Maryland, Sara Klemm
Journal of Health Care Law and Policy
No abstract provided.
Taxing Structured Settlements,
2010
University of South Carolina - Columbia
Taxing Structured Settlements, Brant J. Hellwig, Gregg D. Polsky
Faculty Publications
Congress has granted a tax subsidy to physically injured tort plaintiffs who enter into structured settlements. The subsidy allows these plaintiffs to exempt the investment yield imbedded within the structured settlement from federal income taxation. The apparent purpose of the subsidy is to encourage physically injured plaintiffs to invest, rather than presently consume, their litigation recoveries. Although the statutory subsidy by its terms is available only to physically injured tort plaintiffs, a growing structured settlement industry now contends that the same tax benefit of yield exemption is available to plaintiffs' lawyers and nonphysically injured tort plaintiffs under general, common-law tax …
Supervisory Colleges: The Global Financial Crisis And Improving International Supervisory Coordination,
2010
University of South Carolina - Columbia
Supervisory Colleges: The Global Financial Crisis And Improving International Supervisory Coordination, Duncan E. Alford
Faculty Publications
No abstract provided.
