Volume 100 Issue 2 Cornell Law Review
Volume 100 Issue 2

Hijacked Consent: Debt Collection and the Telephone Consumer Protection Act

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

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

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

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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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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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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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