Cornell Law Review Volume 101 Issue 2

Open Minds and Harmless Errors: Judicial Review of Postpromulgation Notice and Comment

In 2012, the Government Accountability Office surprised many administrative law specialists by reporting that fully 35% of major rules and 44% of nonmajor rules issued by federal government agencies lacked prepromulgation notice and opportunity for public comment. For at least most of the major rules, however, the issuing agencies accepted comments from the public after issuing the rule, and in most […]

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The Not-So-Merry Wives of Windsor: The Taxation of Women in Same-Sex Marriages

In United States v. Windsor, the Supreme Court invalidated the Defense of Marriage Act definition of marriage as “between one man and one woman,” heralding its subsequent recognition, in Obergefell v. Hodges, of a constitutional right to same-sex marriage. Windsor cleared the way for same-sex couples to be treated as married under federal tax laws, and the Obama administration promptly announced […]

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Breaking the Vicious Cycle of Patent Damages

Patent law is implicitly, and sometimes explicitly, based upon a story of patent infringement in which technology users are presumed to be able to discover relevant patents in advance and either design around them or negotiate patent licenses before using the patented technology. That story does not hold true in many fields today, in which the number and widespread ownership of […]

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The Copperweld Question: Drawing the Line Between Corporate Family and Cartel

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Facing the Music: Moral Intellectual Property Rights as a Solution to Artist Outrage about Music Torture

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