Volume 102 Issue 2 Cornell Law Review
Volume 102 Issue 2

Let’s Keep It Civil: An Evaluation of Civil Disabilities, a Call for Reform, and Recommendations to Reduce Recidivism

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“Voluntariness With A Vengeance”: The Coerciveness of Police Lies in Interrogations

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Constitutional Liberty and the Progression of Punishment

The Eighth Amendment’s prohibition on cruel and unusual punishment has long been interpreted by scholars and judges to provide very limited protections for criminal defendants. This understanding of the Eighth Amendment claims that the prohibition is operationalized mostly to prevent torturous methods of punishment or halt the isolated use of a punishment practice that has […]

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The Structure of Federal Public Defense: A Call for Independence

Independence is a foundational requirement for any good system of public criminal defense. The Constitution guarantees anyone charged with a crime the right to a defense attorney regardless of ability to pay, and that attorney has the ethical obligation to provide a zealous defense, free from any conflicting outside influence. And yet the system of […]

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A Market Test for Bayh–Dole Patents

The Bayh–Dole Act, which allows patenting of federally funded research, has been praised for driving growth but also criticized for creating unnecessary deadweight loss and contributing to a patent “anticommons.” Much of the controversy stems from Bayh–Dole’s differing effects on different inventions. The dominant justification for Bayh–Dole patents is commercialization theory: the idea that exclusive […]

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“Unique Identities and Vulnerabilities”: The Case For Transgender Identity as a Basis for Asylum

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Striking the Right Chord: 
A Theoretical Approach to Balancing Artists’ Intellectual Property Rights on
 Remix Audio-Sharing Platforms

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The New School Segregation

The South has a long and sordid history of resisting school desegregation. Yet after a long and vigorous legal fight, by the mid-1980s, schools in the South became among the most desegregated in the country. An important but often underappreciated tool that aided in the fight to desegregate schools in the South was the conventional […]

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Unquantified Benefits and the Problem of Regulation Under Uncertainty

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Don’t End or Audit the Fed: Central Bank Independence in an Age of Austerity

The Federal Reserve (the Fed) is the central bank of the United States. Because of its power and importance in guiding the economy, the Fed’s independence from direct political influence has made it a target of ideologically motivated attacks throughout its history, with an especially aggressive round of attacks coming in the wake of the […]

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