Volume 99 Issue 5 Cornell Law Review
Volume 99 Issue 5

Reanalyzing Reverse-Payment Settlements: A Solution to the Patentee’s Dilemma

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The Religion of Alcoholics Anonymous (AA): Applying the Clergy Privilege To Certain AA Communications

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Unitary Innovations and Political Accountability

An important trend in administrative and constitutional law is to attempt to concentrate ever-greater control over the administrative state in the hands of the President. As the Supreme Court recently reminded us in Free Enterprise Fund v. Public Company Accounting Oversight Board, one foundation for this doctrinal trend is a fear that diffusing power diffuses [...]

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Embracing Loving: Trait-Specific Marriage Laws and Heightened Scrutiny

In the wake of the Supreme Court’s recent Windsor opinion, the focus of marriage equality litigation has returned to challenging state gender-specific marriage laws that make a couple’s right to marry a function of their genders. The outcomes of these future legal challenges will be affected by the level of scrutiny that courts apply. To [...]

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Digital Innocence

Recent revelations have shown that almost all online activity and increasing amounts of offline activity are tracked using Big Data and data mining technologies. The ensuing debate has largely failed to consider an important consequence of mass surveillance: the obligation to provide access to information that might exonerate a criminal defendant. Although information technology can [...]

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Soft Law as Foreign Relations Law

The United States increasingly relies on “soft law” and, in particular, on cooperation with foreign regulators to make domestic policy. The implementation of soft law at home is typically understood to depend on administrative law, as it is American agencies that implement the deals they conclude with their foreign counterparts. But that understanding has led [...]

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Three Discount Windows

It is widely assumed that the Federal Reserve is the lender of last resort in the United States and that the Fed’s discount window is the primary mechanism through which it fulfills this role. Yet, when banks faced liquidity constraints during the 2007–2009 financial crisis (the Crisis), the discount window played a relatively small role [...]

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Clearinghouses as Liquidity Partitioning

To reduce the risk of another financial crisis, the Dodd-Frank Act requires that trading in certain derivatives be backed by clearinghouses. Critics mount two main objections: a clearinghouse shifts risk instead of reducing it; and a clearinghouse could fail, requiring a bailout. This Article’s observation that clearinghouses engage in liquidity partitioning answers both. Liquidity partitioning [...]

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Three Symmetries Between Textualist and Purposivist Theories of Statutory Interpretation—And the Irreducible Roles of Values and Judgment Within Both

This Article illuminates an important, ongoing debate between “textualist” and “purposivist” theories of statutory interpretation by identifying three separate stages of the interpretive process at which textualists, as much as purposivists, need to make value judgments. The Article’s analysis, which reveals previously unrecognized symmetries between the two theories, is consistent with, but does not depend [...]

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Agencies and Aliens: A Modified Approach to Chevron Deference in Immigration Cases

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