Volume 99 Issue 4 Cornell Law Review
Volume 99 Issue 4

Soft Law as Foreign Relations Law

The United States increasingly relies on “soft law” and, in particular, on cooperation with foreign regulators to make domestic policy. The implementation of soft law at home is typically understood to depend on administrative law, as it is American agencies that implement the deals they conclude with their foreign counterparts. But that understanding has led [...]

Read More :: View PDF

Three Discount Windows

It is widely assumed that the Federal Reserve is the lender of last resort in the United States and that the Fed’s discount window is the primary mechanism through which it fulfills this role. Yet, when banks faced liquidity constraints during the 2007–2009 financial crisis (the Crisis), the discount window played a relatively small role [...]

Read More :: View PDF

Clearinghouses as Liquidity Partitioning

To reduce the risk of another financial crisis, the Dodd-Frank Act requires that trading in certain derivatives be backed by clearinghouses. Critics mount two main objections: a clearinghouse shifts risk instead of reducing it; and a clearinghouse could fail, requiring a bailout. This Article’s observation that clearinghouses engage in liquidity partitioning answers both. Liquidity partitioning [...]

Read More :: View PDF

Three Symmetries Between Textualist and Purposivist Theories of Statutory Interpretation—And the Irreducible Roles of Values and Judgment Within Both

This Article illuminates an important, ongoing debate between “textualist” and “purposivist” theories of statutory interpretation by identifying three separate stages of the interpretive process at which textualists, as much as purposivists, need to make value judgments. The Article’s analysis, which reveals previously unrecognized symmetries between the two theories, is consistent with, but does not depend [...]

Read More :: View PDF

Agencies and Aliens: A Modified Approach to Chevron Deference in Immigration Cases

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

Read More :: View PDF

Locked Out Without a Key: How the Eighth Circuit Wielded a Pro-labor Statute as a Sword Against Labor

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

Read More :: View PDF

Mug Shots and the FOIA: Weighing the Public’s Interest in Disclosure Against the Individual’s Right to Privacy

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

Read More :: View PDF

A Two-Branched Attack on the Jury Right in Patent Litigation

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

Read More :: View PDF

Congress’s (Limited) Power to Represent Itself in Court

Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least [...]

Read More :: View PDF

Visual Gut Punch: Persuasion, Emotion, and the Constitutional Meaning of Graphic Disclosure

The ability of government to “nudge” with information mandates, or merely to inform consumers of risks, is circumscribed by First Amendment interests that have been poorly articulated. New graphic cigarette warning labels supplied courts with the first opportunity to assess the informational interests attending novel forms of product disclosures. The D.C. Circuit enjoined them as [...]

Read More :: View PDF