Volume 100 Issue 5 Cornell Law Review
Volume 100 Issue 5

Copyright Trust

Collaborative production of expressive content accounts for an evergrowing number of copyrighted works. Indeed, in the age of content sharing and peer production, collaborative efforts may have become the paradigmatic form of authorship. Surprisingly, though, copyright law continues to view the single-author model as the dominant model of peer production. Copyright law’s approach to authorship is currently based on a […]

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Anti-Impunity and the Turn to Criminal Law in Human Rights

Since the beginning of the twenty-first century, the human rights movement has been almost synonymous with the fight against impunity. Today, to support human rights means to favor criminal accountability for those individuals who have violated international human rights or humanitarian law. It also means to be against amnesty laws that might preclude such accountability. This Article both chronicles and […]

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Personal Jurisdiction and the “Interwebs”

For nearly twenty years, lower courts and scholars have struggled to figure out how personal jurisdiction doctrine should apply in the Internet age. When does virtual conduct make someone amenable to jurisdiction in any particular forum? The classic but largely discredited response by courts has been to give primary consideration to a commercial Web site’s interactivity. That approach […]

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Cover Your Webcam: The ECPA’s Lack of Protection Against Software that Could Be Watching You

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Rewriting the Overtime Dialogue: Why Misclassified Reality Television Producers are Entitled to only Half-Time Damages

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Celebrating One Hundred Years

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Unanimity and Disagreement on the Supreme Court

In 2013, the Supreme Court showed an unusually high rate of unanimous decisions—the highest, in fact, since 1940. This increase in unanimity, long favored by Chief Justice John Roberts, places a spotlight on an insufficiently appreciated fact: in 1941, the Supreme Court experienced a radical transformation. Almost immediately, it changed from a court that had operated by consensus, with very […]

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Administrative Equal Protection: Federalism, the Fourteenth Amendment, and the Rights of the Poor

This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenomenon of federal agencies—rather than courts—assuming significant responsibility for elaborating the meaning of the U.S. Constitution. Drawing on original historical research, I document and analyze what I call “administrative equal protection”: interpretations of the Fourteenth Amendment’s Equal Protection Clause in a key federal agency at a time when the Clause’s […]

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Gruesome Speech

May government officials restrict the display of “gruesome images” (in the words of one injunction), chiefly of aborted fetuses but also of slaughtered or injured animals?  How about gruesome words, for instance signs accusing abortion providers of being “murderers” or “killers”? Some courts have upheld such restrictions, chiefly relying on the perceived need to shield […]

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Protecting Winners: Why FRAP 7 Bonds Should Include Attorney Fees

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