Cornell Law Review Volume 100 Issue 1

In Memoriam: Theodore Eisenberg

The Board of Editors dedicates this issue of the Cornell Law Review to Theodore Eisenberg (1947–2014), the Henry Allen Mark Professor of Law and Adjunct Professor of Statistical Sciences at Cornell Law School. Professor Eisenberg taught at Cornell Law School for thirty-three years. In memory of his contribution to law and to Cornell Law School, we […]

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Text and Context: Contract Interpretation as Contract Design

Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions about the prototypical […]

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Finding Order in the Morass: The Three Real Justifications for Piercing the Corporate Veil

Few doctrines are more shrouded in mystery or litigated more often than piercing the corporate veil. We develop a new theoretical framework that posits that veil piercing is done to achieve three discrete public policy goals, each of which is consistent with economic efficiency: (1) achieving the purpose of an existing statute or regulation; (2) […]

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The Unexonerated: Factually Innocent Defendants Who Plead Guilty

Several recent high profile cases, including the case of the West Memphis Three, have revealed (again) that factually innocent defendants do plead guilty. And, more disturbingly, in many of the cases, the defendant’s innocence is known, or at least highly suspected, at the time the plea is entered. Innocent defendants plead guilty most often, but […]

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Plaintiphobia in the Supreme Court

Through the years, debate has raged over whether the Supreme Court’s summary judgment trilogy and Twombly-Iqbal pleading decisions had significant practical effects. To address that question, this Article introduces a new empirical measure: the difference between the pretrial-adjudication judgment rates for the defendant and for the plaintiff. Plotting that difference over time suggests that the […]

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Why Salinas v. Texas Blurs the Line Between Voluntary Interviews and Custodial Interrogations

  To read the complete Note, click “VIEW PDF” below. 

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The First Amendment in the Public School Classroom: A Cognitive Theory Approach

  To read the complete Note, click “VIEW PDF” below. 

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