Volume 101 Issue 5 Cornell Law Review
Volume 101 Issue 5

Disparate Impact and the Role of Classification and Motivation in Equal Protection Law After Inclusive Communities

At least since the Supreme Court’s 2009 decision in Ricci v. DeStefano, disparate-impact liability has faced a direct constitutional threat. This Article argues that the Court’s decision last Term in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate-impact liability is available under the Fair Housing Act, has […]

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Antitrust and Wealth Inequality

In recent years, progressive public intellectuals and prominent scholars have asserted that monopoly power lies at the root of wealth inequality and that increases in antitrust enforcement are necessary to stem its rising tide. This claim is misguided. Exercises of market power have complex, cross- cutting effects that undermine the generality of the monopoly regressivity […]

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The Agency Costs of Teamwork

Transactional lawyers working in corporate finance commonly assume that good teamwork results in better deals. While this may be true, teamwork can also magnify agency costs between issuing companies and the lawyers that serve them. This occurs for at least two reasons. First, teamwork, as it is frequently executed, can discourage dissent by team members […]

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Royalties Too?: Exploring Resale Royalties for New Media Art

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Why Silence Shouldn’t Speak So Loudly: Wiggins in a Post-Richter World

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Asylum at Last?: Matter of A-R-C-G-‘s Impact on Domestic Violence Victims Seeking Asylum

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Where Ralls Went Wrong: CFIUS, the Courts, and the Balance of Liberty and Security

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The “Speech Integral to Criminal Conduct” Exception

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Reporting Agency Performance: Behind the SEC’s Enforcement Statistics

Every October, after the end of its fiscal year, the Securities and Exchange Commission releases its annual enforcement report, detailing its activity for the year. The report boasts record enforcement activity, often showing significant in- creases over the prior fiscal year in the number of enforcement actions brought and monetary penalties ordered. The numbers suggest […]

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When Can a State Sue the United States?

State suits against the federal government are on the rise. From Massachusetts’ challenge to federal environmental policy, to Oregon’s confrontation over physician-assisted suicide, to Texas’s suit over the Obama administration’s immigration program, States increasingly go to court to express their disagreement with federal policy. This Article offers a new theory of state standing that seeks […]

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