Volume 103 Issue 3 Cornell Law Review
Volume 103 Issue 3

The Rights of Marriage: Obergefell, Din, and the Future of Constitutional Family Law

In the summer of 2015 the United States Supreme Court handed down two groundbreaking constitutional family law decisions. One decision became famous overnight: Obergefell v. Hodges declared that same-sex couples have the constitutional right to marry. The other, Kerry v. Din, went largely overlooked. That later case concerned not the right to marry but the […]

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International Cybertorts: Expanding State Accountability in Cyberspace

States are not being held accountable for the vast majority of their harmful cyberoperations, largely because classifications created in physical space do not map well onto the cyber domain. Most injurious and invasive cyberoperations are not cybercrimes and do not constitute cyberwarfare, nor are states extending existing definitions of wrongful acts permitting countermeasures to cyberoperations […]

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The Central Claiming Renaissance

The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn. The Court’s eligibility cases are significant outliers compared to today’s run-of-the-mill patent law because claim language plays little role in […]

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Using Daubert to Evaluate Evidence-Based Sentencing

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The Partiality Norm: Systematic Deference in the Office of Legal Counsel

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Degrees of Deference: Applying vs. Adopting Another Sovereign’s Law

Familiar to all Federal Courts enthusiasts is the Erie distinction between federal actors’ obligatory application of state law and their voluntary adoption of state law as federal law. This Article’s thesis is that this significant distinction holds in all other situations where a sovereign employs another’s law: not only in the analogous reverse-Erie resolution of […]

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The Constitutional Law of Incarceration, Reconfigured

As American incarcerated populations grew starting in the 1970s, so too did court oversight of prisons. In the late 1980s, however, as incarceration continued to boom, federal court oversight shrank. This Article addresses the most central doctrinal limit on oversight of jails and prisons, the Supreme Court’s restrictive reading of the constitutional provisions governing treatment […]

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Semi-Confidential Settlements in Civil, Criminal, and Sexual Assault Cases

Settlement is more likely if parties are free to set its terms, including a promise that these terms will remain secret between them. State sunshine-in-litigation laws work to defeat this incentive for confidentiality in order to protect third parties from otherwise unknown hazards. The intuition is that a wrongdoer should not be able to pay […]

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Stricken: The Need for Positive Statutory Law to Prevent Discriminatory Peremptory Strikes of Disabled Jurors

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A First Amendment Right to Corrupt Your Politician

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