Cornell Law Review Volume 102 Issue 2

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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