Volume 103 Issue 2 Cornell Law Review
Volume 103 Issue 2

Degrees of Deference: Applying vs. Adopting Another Sovereign’s Law

Familiar to all Federal Courts enthusiasts is the Erie distinction between federal actors’ obligatory application of state law and their voluntary adoption of state law as federal law. This Article’s thesis is that this significant distinction holds in all other situations where a sovereign employs another’s law: not only in the analogous reverse-Erie resolution of […]

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The Constitutional Law of Incarceration, Reconfigured

As American incarcerated populations grew starting in the 1970s, so too did court oversight of prisons. In the late 1980s, however, as incarceration continued to boom, federal court oversight shrank. This Article addresses the most central doctrinal limit on oversight of jails and prisons, the Supreme Court’s restrictive reading of the constitutional provisions governing treatment […]

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Semi-Confidential Settlements in Civil, Criminal, and Sexual Assault Cases

Settlement is more likely if parties are free to set its terms, including a promise that these terms will remain secret between them. State sunshine-in-litigation laws work to defeat this incentive for confidentiality in order to protect third parties from otherwise unknown hazards. The intuition is that a wrongdoer should not be able to pay […]

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Stricken: The Need for Positive Statutory Law to Prevent Discriminatory Peremptory Strikes of Disabled Jurors

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A First Amendment Right to Corrupt Your Politician

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Sharing, Samples, and Generics: An Antitrust Framework

Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management programs known as Risk Evaluation and Mitigation Strategies (“REMS”). Pursuant […]

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Panel Assignment in the Federal Courts of Appeals

It is common knowledge that the federal courts of appeals typically hear cases in panels of three judges and that the composition of the panel can have significant consequences for case outcomes and for legal doctrine more generally. Yet neither legal scholars nor social scientists have focused on the question of how judges are selected […]

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The Perverse Consequences of Disclosing Standard Terms

Although assent is the doctrinal and theoretical hallmark of contract, its relevance for form contracts has been drastically undermined by the overwhelming evidence that no one reads standard terms. Until now, most political and academic discussions of this phenomenon have acknowledged the truth of universally unread contracts, but have assumed that even unread terms are […]

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Columbia University and Incarcerated Worker Labor Unions under the National Labor Relations Act

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Beware the “Terror Gap”: Closing the Loophole Between the U.S. Terrorist Watchlist System and the Right to Bear Arms

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