Cornell Law Review Volume 100 Issue 2

Standing for Human Rights Abroad

When may states impose coercive measures such as asset freezes, trade embargos, and investment restrictions to protect the human rights of foreign nationals abroad? Drawing inspiration from Hugo Grotius’s guardianship account of humanitarian intervention, this Article offers a new theory of states’ standing to enforce human rights abroad: under some circumstances, international law authorizes states […]

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Conservative Collision Course?: The Tension Between Conservative Corporate Law Theory and Citizens United

One important aspect of Citizens United has been overlooked: the tension between the conservative majority’s view of for-profit corporations and the theory of for-profit corporations embraced by conservative thinkers. This Article explores the tension between these conservative schools of thought and shows that Citizens United may unwittingly strengthen the arguments of conservative corporate theory’s principal […]

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Authoritarian Constitutionalism

Using Singapore as an extended case study, this Article examines the idea of authoritarian constitutionalism, which it identifies as a system of government that combines reasonably free and fair elections with a moderate degree of repressive control of expression and limits on personal freedom. After describing other versions of non-liberal constitutionalism, including “mere” rule-of-law constitutionalism, […]

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An (Un)Fair Cross Section: How the Application of Duren Undermines the Jury

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Hijacked Consent: Debt Collection and the Telephone Consumer Protection Act

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