Volume 99 Issue 3 Cornell Law Review
Volume 99 Issue 3

Mug Shots and the FOIA: Weighing the Public’s Interest in Disclosure Against the Individual’s Right to Privacy

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A Two-Branched Attack on the Jury Right in Patent Litigation

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Congress’s (Limited) Power to Represent Itself in Court

Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least [...]

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Visual Gut Punch: Persuasion, Emotion, and the Constitutional Meaning of Graphic Disclosure

The ability of government to “nudge” with information mandates, or merely to inform consumers of risks, is circumscribed by First Amendment interests that have been poorly articulated. New graphic cigarette warning labels supplied courts with the first opportunity to assess the informational interests attending novel forms of product disclosures. The D.C. Circuit enjoined them as [...]

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State Action, Government Speech, and the Narrowing Spectrum of Private, Protected Speech

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The New Group Pleading Doctrine

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Analyzing the Role of Non-Practicing Entities in the Patent System

Currently, there is an important debate about the role of non-practicing entities in patent litigation. People are asking: What are the costs and benefits associated with NPE litigation? Are they too high, too low, or just right? This Essay makes two contributions to the discussion. First, we review a recent study, The Direct Costs from [...]

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The Direct Costs from NPE Disputes

In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls”, have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising [...]

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Pre-Crime Restraints: The Explosion of Targeted, Noncustodial Prevention

This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples—terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to [...]

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Suspension and Delegation

A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be [...]

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