Volume 102 Issue 4 Cornell Law Review
Volume 102 Issue 4

Space, Time, and Historical Injustice: A Feminist Conflict-of-Laws Approach to the “Comfort Women” Agreement

After more than twenty years of worldwide feminist activism, transnational litigation, and diplomatic stalemate, on December 28, 2015, Japan and South Korea announced a historic agreement intended to provide closure to the so-called “Comfort Women issue”—the issue of what Japan must do to atone for the sexual enslavement of up to 200,000 women from throughout […]

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Democratic Enforcement? Accountability and Independence for the Litigation State

A vast literature in law and political theory focuses on questions of accountability and independence in democratic government. Commentators tend to celebrate accountability in the legislative and regulatory arenas, and independence in the context of adjudication. Yet they largely ignore the government function that lies at the intersection of law-making and law-application: enforcement. The gap […]

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Coordinating Compliance Incentives

In today’s regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that governmental actors—from the Department of Justice, to the Securities and Exchange Commission, […]

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Cyber Attack Exception to the Foreign Sovereign Immunities Act

 To read the complete Note, click “VIEW PDF” below.

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The Great Failure of the IPXI Experiment: Why Commoditization of Intellectual Property Failed

 To read the complete Note, click “VIEW PDF” below. 

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THE “SMART” FOURTH AMENDMENT

“Smart” devices radiate data, exposing a continuous, intimate, and revealing pattern of daily life. Billions of sensors collect data from smartphones, smart homes, smart cars, medical devices, and an evolving assortment of consumer and commercial products. But, what are these data trails to the Fourth Amendment? Does data emanating from devices on or about our […]

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THE PRESIDENT’S POWER TO TAX

Existing statutes give the President and his Treasury Department broad authority to implement important elements of the administration’s tax agenda without further congressional action. And yet only occasionally does the executive branch exercise this statutory “power to tax.” Instead, the President often asks Congress to pass revenue-raising measures achieving what the President and his Treasury […]

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DE-POLICING

Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led […]

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INFORMATION GATHERING IN THE ERA OF MOBILE TECHNOLOGY: TOWARDS A LIBERAL RIGHT TO RECORD

To read the complete note, click “VIEW PDF” below.

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CROSS-MARKET MERGERS IN HEALTHCARE: ADAPTING ANTITRUST REGULATION TO ADDRESS A GROWING CONCERN

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