Volume 103 Issue 5 Cornell Law Review
Volume 103 Issue 5

“Mob-Legislating”: JASTA’s Addition to the Terrorism Exception to Foreign Sovereign Immunity

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What is Discriminatory Intent?

The Constitution’s protection of racial and religious groups is organized around the concept of discriminatory intent. But the Supreme Court has never provided a crisp, single definition of ‘discriminatory intent’ that applies across different institutions and public policy contexts. Instead, current jurisprudence tacks among numerous, competing conceptions of unconstitutional intent. Amplifying the doctrine’s complexity, the […]

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Antitrust and the Design of Production

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much concern with production as such. Although courts do not view it […]

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Prioritizing Privacy in The Courts and Beyond

Big data has affected American life and business in a variety of ways—inspiring both technological development and industrial change. The legal protections for a person’s right to his or her own personal information, however, have not matched the growth in the collection and aggregation of data. These legal shortcomings are exacerbated when third party privacy […]

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Benefit Corporations: A Proposal for Assessing Liability in Benefit Enforcement Proceedings

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“Making America Safe Again”: The Proper Interpretation of § 1101(A)(43)(S) of the Immigration and Nationality Act from Both a Chevron and a Public Policy Perspective

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The Maternal Dilemma

This article questions the sufficiency of contemporary parental policies in undermining the gendered division of care-work at home. It reveals that despite the optimistic expectations that accompanied the enactment of gender-neutral leave legislation such as the Family and Medical Leave Act (FMLA), and the provision of equal care opportunities for men, a marked gap separates […]

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Lawyers’ Abuse of Technology

The Article is a thorough analysis of how the current scheme for regulating lawyers has failed to adapt to technology and why that failure is disastrous. It discusses (1) why technology, electronic communications, and social media require specialized attention in lawyer regulation, (2) what mechanisms can be harnessed to meet this need, and (3) the […]

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Divide & Concur: Separate Opinions & Legal Change

To the extent concurring opinions elicit commentary at all, it is largely contempt. They are condemned for muddying the clarity of the law, fracturing the court, and diminishing the authoritative voice of the majority. But what if this neglect, or even disdain, of concurring opinions is off the mark? In this article, we argue for […]

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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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