Cornell Law Review Volume 101 Issue 1

Executive Privilege as Constitutional Common Law: Establishing Ground Rules in Political-Branch Information Disputes

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What Comes After “Get a Warrant”: Balancing Particularity and Practicality in Mobile Device Search Warrants Post-Riley

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Pragmatism Rules

The Roberts Court’s decisions interpreting the Federal Rules of Civil Procedure are reshaping the litigation landscape. Yet neither scholars, nor the Court itself, have articulated a coherent theory of interpretation for the Rules. This Article constructs a theory of Rules interpretation by discerning and critically examining the two starkly different methodologies the Roberts Court applies in its Rules cases. It traces the […]

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Constitutional Law and the Law of Evidence

When a constitutional right conflicts with an evidentiary rule that would otherwise allow a piece of evidence to be admitted at trial, should the constitutional right be a “trump”? The Supreme Court and lower courts have often interpreted the Constitution to abstain from regulating questions of trial evidence. Taking the opposite course, courts have displaced evidence law to dramatic effect, as […]

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Challenging the Randomness of Panel Assignment in the Federal Courts of Appeals

A fundamental academic assumption about the federal courts of appeals is that the three-judge panels that hear cases have been randomly configured. Scores of scholarly articles have noted this “fact,” and it has been relied on heavily by empirical researchers. Even though there are practical reasons to doubt that judges would always be randomly assigned to panels—such as courts might well […]

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