Volume 101 Issue 4 Cornell Law Review
Volume 101 Issue 4

Asylum at Last?: Matter of A-R-C-G-‘s Impact on Domestic Violence Victims Seeking Asylum

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Where Ralls Went Wrong: CFIUS, the Courts, and the Balance of Liberty and Security

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The “Speech Integral to Criminal Conduct” Exception

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Reporting Agency Performance: Behind the SEC’s Enforcement Statistics

Every October, after the end of its fiscal year, the Securities and Exchange Commission releases its annual enforcement report, detailing its activity for the year. The report boasts record enforcement activity, often showing significant in- creases over the prior fiscal year in the number of enforcement actions brought and monetary penalties ordered. The numbers suggest […]

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When Can a State Sue the United States?

State suits against the federal government are on the rise. From Massachusetts’ challenge to federal environmental policy, to Oregon’s confrontation over physician-assisted suicide, to Texas’s suit over the Obama administration’s immigration program, States increasingly go to court to express their disagreement with federal policy. This Article offers a new theory of state standing that seeks […]

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Assembled Products: The Key to More Effective Competition and Antitrust Oversight in Health Care

This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust […]

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Is the Constitution Special?

“[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today. Americans regularly assume that the Constitution is special, and legal professionals treat it differently from other sources of law. But what if that is wrongheaded? […]

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The Brave New World of Party Campaign Finance Law

The Article challenges calls for the deregulation of party campaign finance as part of the ongoing transformation of federal campaign finance law under the Roberts Court. First, on the legal front, the Article presents a new constitutional approach to campaign finance corruption that builds on the basic premise that what can be plausibly exchanged between an individual contributor and individual officeholder, […]

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The Dismantling of Dissent: Militarization and the Right to Peaceably Assemble

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The Troll Toll: Why Liberalized Fee-Shifting in Patent Cases Will Do More Harm Than Good

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