Volume 100 Issue 3 Cornell Law Review
Volume 100 Issue 3

Congress’s Tax Bomb: Income-Based Repayment and Disarming a Problem Facing Student Loan Borrowers

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Citizenship and the War on Terror: Should Federal Courts Consider a Plaintiff’s Citizenship in Post-9/11 Litigation?

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The Return of Lochner

For a very long time, it has been an article of faith among liberals and conservatives alike that Lochner v. New York was obviously and irredeemably wrong. Lochner is one of only a few cases that constitute our “anticanon,” universally reviled by the legal community as the “worst of the worst.” Our first claim in this Article is that […]

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Bait and Switch: Why United States v. Morrison is Wrong About Section 5

In United States v. Morrison, the Supreme Court announced the rule that the Section 5 power cannot be used to regulate private individuals. This is one of the most meaningful and, thus far, durable constraints that the Court has placed on federal power. It is the more surprising, then, that it turns out to be based on essentially nothing […]

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Paying for Risk: Bankers, Compensation, and Competition

Efforts to control bank risk address the wrong problem in the wrong way. They presume that the financial crisis was caused by CEOs who failed to supervise risk-taking employees. The responses focus on executive pay, believing that executives will bring nonexecutives into line—using incentives to manage risk taking—once their own pay is regulated. What these responses overlook is the effect […]

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Hijacked Consent: Debt Collection and the Telephone Consumer Protection Act

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An (Un)Fair Cross Section: How the Application of Duren Undermines the Jury

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Authoritarian Constitutionalism

Using Singapore as an extended case study, this Article examines the idea of authoritarian constitutionalism, which it identifies as a system of government that combines reasonably free and fair elections with a moderate degree of repressive control of expression and limits on personal freedom. After describing other versions of non-liberal constitutionalism, including “mere” rule-of-law constitutionalism, […]

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Conservative Collision Course?: The Tension Between Conservative Corporate Law Theory and Citizens United

One important aspect of Citizens United has been overlooked: the tension between the conservative majority’s view of for-profit corporations and the theory of for-profit corporations embraced by conservative thinkers. This Article explores the tension between these conservative schools of thought and shows that Citizens United may unwittingly strengthen the arguments of conservative corporate theory’s principal […]

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Standing for Human Rights Abroad

When may states impose coercive measures such as asset freezes, trade embargos, and investment restrictions to protect the human rights of foreign nationals abroad? Drawing inspiration from Hugo Grotius’s guardianship account of humanitarian intervention, this Article offers a new theory of states’ standing to enforce human rights abroad: under some circumstances, international law authorizes states […]

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