In its 2012 ruling in Knox v. SEIU Local 1000, the Supreme Court signaled that major changes may be coming to the body of First Amendment law governing public-sector unions’ relationships with nonmember employees who work in the bargaining units that those unions represent. The Court’s actual holding in Knox was not the most portentous feature of the case but was significant in its own right: when a public-sector union wishes to levy a midyear dues increase or special assessment, “the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent.” When collecting regularly scheduled annual fees, unions have long been allowed to presume that a nonmember employee is willing to help pay for the union’s political activities unless the employee tells the union otherwise and thereby opts out of helping to cover that nonchargeable portion of the union’s costs. The Court’s insistence upon an opt-in arrangement for midyear dues increases and special assessments thus came as something of a surprise.
Current Print Issue
A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be [...]
This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples—terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to [...]
In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls”, have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising [...]
Currently, there is an important debate about the role of non-practicing entities in patent litigation. People are asking: What are the costs and benefits associated with NPE litigation? Are they too high, too low, or just right? This Essay makes two contributions to the discussion. First, we review a recent study, The Direct Costs from [...]
Symposium on Extraterritorialism
The Cornell Law Review will publish its annual Symposium issue for Volume 99 with a focus on extraterritorialism. The flurry of recent Supreme Court decisions turning on a revived door-closing territorialism is attracting the attention of legal scholars in various substantive as well as methodological fields of federal law, and the lines of debate are [...]
Symposium on Law, Innovation, and Entrepreneurship
The Cornell Law Review and the Clarke Business Law Institute hosted a Symposium on Law, Innovation, and Entrepreneurship on Friday, February 8, 2013, at The Cornell Club in New York City. The Symposium was originally scheduled for November, but postponed due to Hurricane Sandy. It focused on legal and regulatory issues that affect entrepreneurship and [...]
Cornell Law Review Submissions Box Is Now Open
The Cornell Law Review and the Cornell Law Review Online are now accepting submissions for volume 100.
Welcome to CornellLawReview.org
Welcome to CornellLawReview.org, the new online home of the Cornell Law Review. In the spirit of its mission as a student-run journal, the Law Review is launching this site to provide greater access to its top-notch legal scholarship and more publishing opportunities for legal academics. The website will host all of the content that the Law Review publishes in print [...]