Cornell Law Review: Forthcoming Issue

Forthcoming Issue

Volume 98 Issue 5

July 2013

ARTICLES

Carrots & Sticks: How VCs Introduce Entrepreneurial Teams to Sell Startups

Brian J. Broughman & Jesse M. Fried

Reviving the Paper Patent Doctrine

John F. Duffy

Liquidation Rights and Incentive Misalignment in Start-up Financing

Michael Klausner & Stephen J. Venuto

The Right Not to Use in Property and Patent Law

Oskar Liivak & Eduardo M. Peñalver

Monte Carlo Simulation of Contractual Provisions: An Application to Default Provisions in Venture Capital Limited Partnership Agreements

Katherine Litvak

Law and Entrepreneurial Opportunities

Gordon Smith & Darian Ibrahim

Redrawing the Public-Private Boundaries in Entrepreneurial Capital Raising

Robert B. Thompson & Donald C. Langevoort

Cornell Law Review Online

Accidental Suicide Pacts and Creditor Collective Action Problems: The Mortgage Mess, the Deadweight Loss, and How to Get the Value Back

by Robert Hockett

For six years now, the nation has been struggling with the fallout of a residential real estate bubble and bust. From their 2006 highs, housing prices are down nationally by 26.4%. In harder hit communities, the figure is significantly higher. In Nevada, for example, house prices remain 51.6% below their 2006 peak levels. This is [...]

Reform or Abolition? A Comment on Colleen V. Chien & Mark A. Lemley, Patent Holdup, the ITC, and the Public Interest

by Thomas F. Cotter

Colleen Chien and Mark Lemley’s paper, Patent Holdup, the ITC, and the Public Interest, proposes three principal reforms to the manner in which the International Trade Commission (hereinafter, the “ITC” or “the Commission”) should exercise its discretion in awarding exclusion orders against the importation of patent-infringing goods: first, the ITC should sometimes soften the impact [...]

Habeas Corpus Standing Alone: A Reply to Lee B. Kovarsky and Stephen I. Vladeck

The differences between habeas corpus and due process are important. The Due Process Clause, among other things, regulates the procedures that the government must use before it detains a person and holds the person in custody. But the Suspension Clause safeguards a more elemental habeas privilege. That is, under the Suspension Clause, the judge examines [...]

Habeas Corpus, Due Process, and Extradition

by Stephen I. Vladeck

It is difficult to dispute the central claim of Professor Brandon Garrett’s article, Habeas Corpus and Due Process, that the Supreme Court’s 2008 decision in Boumediene v. Bush “can and should provide a theory of the nature and structure of habeas corpus.” After all, as Professor Garrett cogently explains, Boumediene was not only the first [...]

Custodial and Collateral Process: A Response to Professor Garrett

In Habeas Corpus and Due Process, Professor Brandon Garrett disentangles two threads of decisional law knotted in the federal courts’ post-9/11 national-security detention cases. Such cases can be fish-in-barrel targets for withering criticism, but Professor Garrett makes the novel argument that they reflect confusion about subtle differences between due process and habeas corpus. His thesis centers [...]

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 [...]

News

Cornell Law Review Submissions Box is Closed
The Cornell Law Review is not currently accepting submissions. The submissions box will open again at the end of July.
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 [...]