Cornell Law Review Volume 100 Issue 4

Celebrating One Hundred Years

To view this document, click “VIEW PDF” below.

Read More :: View PDF

Unanimity and Disagreement on the Supreme Court

In 2013, the Supreme Court showed an unusually high rate of unanimous decisions—the highest, in fact, since 1940. This increase in unanimity, long favored by Chief Justice John Roberts, places a spotlight on an insufficiently appreciated fact: in 1941, the Supreme Court experienced a radical transformation. Almost immediately, it changed from a court that had operated by consensus, with very […]

Read More :: View PDF

Administrative Equal Protection: Federalism, the Fourteenth Amendment, and the Rights of the Poor

This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenomenon of federal agencies—rather than courts—assuming significant responsibility for elaborating the meaning of the U.S. Constitution. Drawing on original historical research, I document and analyze what I call “administrative equal protection”: interpretations of the Fourteenth Amendment’s Equal Protection Clause in a key federal agency at a time when the Clause’s […]

Read More :: View PDF

Gruesome Speech

May government officials restrict the display of “gruesome images” (in the words of one injunction), chiefly of aborted fetuses but also of slaughtered or injured animals?  How about gruesome words, for instance signs accusing abortion providers of being “murderers” or “killers”? Some courts have upheld such restrictions, chiefly relying on the perceived need to shield […]

Read More :: View PDF

Protecting Winners: Why FRAP 7 Bonds Should Include Attorney Fees

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

Read More :: View PDF

The Transferred Immunity Trap: Misapplication of Section 1983 Immunities

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

Read More :: View PDF