Cornell Law Review Volume 100 Issue 3

Paying for Risk: Bankers, Compensation, and Competition

Efforts to control bank risk address the wrong problem in the wrong way. They presume that the financial crisis was caused by CEOs who failed to supervise risk-taking employees. The responses focus on executive pay, believing that executives will bring nonexecutives into line—using incentives to manage risk taking—once their own pay is regulated. What these responses overlook is the effect […]

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Bait and Switch: Why United States v. Morrison is Wrong About Section 5

In United States v. Morrison, the Supreme Court announced the rule that the Section 5 power cannot be used to regulate private individuals. This is one of the most meaningful and, thus far, durable constraints that the Court has placed on federal power. It is the more surprising, then, that it turns out to be based on essentially nothing […]

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The Return of Lochner

For a very long time, it has been an article of faith among liberals and conservatives alike that Lochner v. New York was obviously and irredeemably wrong. Lochner is one of only a few cases that constitute our “anticanon,” universally reviled by the legal community as the “worst of the worst.” Our first claim in this Article is that […]

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Citizenship and the War on Terror: Should Federal Courts Consider a Plaintiff’s Citizenship in Post-9/11 Litigation?

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

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Congress’s Tax Bomb: Income-Based Repayment and Disarming a Problem Facing Student Loan Borrowers

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

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