Volume 102 Issue 6 Cornell Law Review
Volume 102 Issue 6

How People Update Beliefs About Climate Change: Good News and Bad News

People are frequently exposed to competing evidence about climate change. We examined how new information alters people’s beliefs. We find that people who are not sure that man-made climate change is occurring, and who do not favor an international agreement to reduce greenhouse gas emissions, show a form of asymmetrical updating: They change their beliefs […]

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Repeat Players in Multidistrict Litigation: The Social Network

As class certification wanes, plaintiffs’ lawyers resolve hundreds of thousands of individual lawsuits through aggregate settlements in multidistrict litigation. But without class actions, formal rules are scarce and judges rarely scrutinize the private agreements that result. Meanwhile, the same principal- agent concerns that plagued class-action attorneys linger. These circumstances are ripe for exploitation: few rules, […]

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Order without Intellectual Property Law: Open Science in Influenza

Today, intellectual property (IP) scholars accept that IP as an approach to information production has serious limits. But what lies beyond IP? A new literature on “intellectual production without IP” (or “IP without IP”) has emerged to explore this question, but its examples and explanations have yet to convince skeptics. This Article reorients this new […]

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Debate in Reponse to “Is the Constitution Special?” Cornell Law Review, Volume 101

In Volume 101, we published an article by Professors Christopher Serkin and Nelson Tebbe entitled Is the Constitution Special?  That article argued that, contrary to common belief, it is difficult to justify lawyers’ distinct interpretive approach to the Constitution, as opposed to statutory or common law.  This was a novel and controversial claim that begged […]

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The House Always Wins: Systemic Disadvantage for Criminal Defendants and the Case against the Prosecutorial Veto

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What Would Grandma Say?: How to Respond When Cyber Hackers Reveal Private Information to the Public

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The Finance Franchise

The dominant view of banks and other financial institutions is that they function primarily as intermediaries, managing flows of scarce funds from those who have accumulated them to those who have need of them and can pay for their use. This understanding pervades textbooks, scholarly writings, and policy discussions – yet it is fundamentally false […]

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The Political Economy of the Constitutional Right to Asylum

The issues of mass migrations, displaced persons, and refugees from war-torn countries are not new, but they have become particularly prominent and contentious in recent years and will garner even more attention as climate change refugees begin to cross borders seeking new homes in foreign countries. Academics and policy-makers have jointly turned to international law […]

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Empowering Individual Plaintiffs

The individual plaintiff plays a critical—yet underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a […]

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Why Congress Cannot Unilaterally Repeal Puerto Rico’s Constitution

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