Volume 104 Issue 1 Cornell Law Review
Volume 104 Issue 1

You Are Not Cordially Invited: How Universities Maintain First Amendment Rights and Safety in the Midst of Controversial on Campus Speakers

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Wrongful Termi(Gay)Tion: A Comparative Analysis of Employment Non-Discrimination Laws And LGBTQ+ Workplace Protections in South Africa and the United States

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Remote Control: Treaty Requirements for Regulatory Procedures

Modern trade agreements have come to include many and varied obligations for domestic regulation and administration. These treaty-based commitments aim primarily to improve the freedom of firms to operate in the global economy by aligning the ways in which governments regulate markets and private actors engage governments through administrative law. They therefore strike at the […]

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Will Delaware Be Different? An Empirical Study of TC Heartland and the Shift to Defendant Choice of Venue

Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, like enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue, […]

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Making State Civil Procedure

State courts matter. Not only do state courts handle more than sixty times the number of civil cases as federal courts, but they also represent an important bulwark against the effects of federal procedural retrenchment. Yet state courts and state procedure are notably absent from the scholarly discourse. In order to evaluate state procedure—and in […]

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A Jury of Your [Redacted]: The Rise and Implications of Anonymous Juries

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Don’t Take Me Out to That Ballpark: State Action, Government Speech, and Chief Wahoo After Matal

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Too Big to Supervise: The Rise of Financial Conglomerates and the Decline of Discretionary Oversight in Banking

The authority of government officials to define and eliminate “unsafe and unsound” banking practices is one of the oldest and broadest powers in U.S. banking law. But this authority has been neglected in the recent literature, in part because of a movement in the 1990s to convert many supervisory judgments about “safety and soundness” into […]

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The End of Bargaining in the Digital Age

Bargaining is a fundamental characteristic of many markets and legal disputes, but it can be a source of inefficiency. Buyers often waste resources by searching for information about past prices, where a seller already holds that information. A second—and novel—source of social loss is that some buyers will avoid otherwise beneficial bargains and sellers with […]

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Justiciability, Federalism, and the Administrative State

Article III provides that the judicial power of the United States extends to certain justiciable cases and controversies. So if a plaintiff bringing a federal claim lacks constitutional standing or her dispute is moot under Article III, then a federal court should dismiss. But this dismissal need not end the story. This Article suggests a […]

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