Volume 101 Issue 3 Cornell Law Review
Volume 101 Issue 3

Assembled Products: The Key to More Effective Competition and Antitrust Oversight in Health Care

This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust […]

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Is the Constitution Special?

“[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today. Americans regularly assume that the Constitution is special, and legal professionals treat it differently from other sources of law. But what if that is wrongheaded? […]

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The Brave New World of Party Campaign Finance Law

The Article challenges calls for the deregulation of party campaign finance as part of the ongoing transformation of federal campaign finance law under the Roberts Court. First, on the legal front, the Article presents a new constitutional approach to campaign finance corruption that builds on the basic premise that what can be plausibly exchanged between an individual contributor and individual officeholder, […]

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The Dismantling of Dissent: Militarization and the Right to Peaceably Assemble

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The Troll Toll: Why Liberalized Fee-Shifting in Patent Cases Will Do More Harm Than Good

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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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