Volume 102 Issue 3 Cornell Law Review
Volume 102 Issue 3

THE “SMART” FOURTH AMENDMENT

“Smart” devices radiate data, exposing a continuous, intimate, and revealing pattern of daily life. Billions of sensors collect data from smartphones, smart homes, smart cars, medical devices, and an evolving assortment of consumer and commercial products. But, what are these data trails to the Fourth Amendment? Does data emanating from devices on or about our […]

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THE PRESIDENT’S POWER TO TAX

Existing statutes give the President and his Treasury Department broad authority to implement important elements of the administration’s tax agenda without further congressional action. And yet only occasionally does the executive branch exercise this statutory “power to tax.” Instead, the President often asks Congress to pass revenue-raising measures achieving what the President and his Treasury […]

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DE-POLICING

Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led […]

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INFORMATION GATHERING IN THE ERA OF MOBILE TECHNOLOGY: TOWARDS A LIBERAL RIGHT TO RECORD

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

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CROSS-MARKET MERGERS IN HEALTHCARE: ADAPTING ANTITRUST REGULATION TO ADDRESS A GROWING CONCERN

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

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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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