Volume 100 Issue 1 Cornell Law Review
Volume 100 Issue 1

The First Amendment in the Public School Classroom: A Cognitive Theory Approach

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

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Why Salinas v. Texas Blurs the Line Between Voluntary Interviews and Custodial Interrogations

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Plaintiphobia in the Supreme Court

Through the years, debate has raged over whether the Supreme Court’s summary judgment trilogy and Twombly-Iqbal pleading decisions had significant practical effects. To address that question, this Article introduces a new empirical measure: the difference between the pretrial-adjudication judgment rates for the defendant and for the plaintiff. Plotting that difference over time suggests that the […]

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The Unexonerated: Factually Innocent Defendants Who Plead Guilty

Several recent high profile cases, including the case of the West Memphis Three, have revealed (again) that factually innocent defendants do plead guilty. And, more disturbingly, in many of the cases, the defendant’s innocence is known, or at least highly suspected, at the time the plea is entered. Innocent defendants plead guilty most often, but […]

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Finding Order in the Morass: The Three Real Justifications for Piercing the Corporate Veil

Few doctrines are more shrouded in mystery or litigated more often than piercing the corporate veil. We develop a new theoretical framework that posits that veil piercing is done to achieve three discrete public policy goals, each of which is consistent with economic efficiency: (1) achieving the purpose of an existing statute or regulation; (2) […]

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Text and Context: Contract Interpretation as Contract Design

Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions about the prototypical […]

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In Memoriam: Theodore Eisenberg

The Board of Editors dedicates this issue of the Cornell Law Review to Theodore Eisenberg (1947–2014), the Henry Allen Mark Professor of Law and Adjunct Professor of Statistical Sciences at Cornell Law School. Professor Eisenberg taught at Cornell Law School for thirty-three years. In memory of his contribution to law and to Cornell Law School, we […]

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What We Don’t Talk About When We Talk About Extraterritoriality: Kiobel and the Conflict of Laws

How . . . incredible it is that we should be [involved] here because of a quarrel in a far-away country between people of whom we know nothing. —Neville Chamberlain Thirty-four years ago, in the celebrated case of Filartiga v. Pena-Irala, a federal appeals court famously asserted jurisdiction over a case with which the United States apparently […]

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Extraterritoriality and the Interest of the United States in Regulating Its Own

As an exemplar of extraterritorial application of United States law, consider the recent decision of a Seventh Circuit panel in United States v. Stokes. A teacher in Florida had been prosecuted for indecently touching two of his male pupils and after a guilty plea had been placed on probation. The Florida authorities then permitted him—whether […]

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The New Territorialism in the Not-So-New Frontier of Cyberspace

Who should govern cyberspace? And what rules should apply? When Professor Louise Weinberg invited us to contribute to this symposium, she asked us to write on governance issues in the new frontier of cyberspace. That could have been a daunting task. The electronic world we live in today presents many challenges. Fortunately, cyberspace is no […]

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