Cornell Law Review Volume 102 Issue 5

The Finance Franchise

The dominant view of banks and other financial institutions is that they function primarily as intermediaries, managing flows of scarce funds from those who have accumulated them to those who have need of them and can pay for their use. This understanding pervades textbooks, scholarly writings, and policy discussions – yet it is fundamentally false […]

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The Political Economy of the Constitutional Right to Asylum

The issues of mass migrations, displaced persons, and refugees from war-torn countries are not new, but they have become particularly prominent and contentious in recent years and will garner even more attention as climate change refugees begin to cross borders seeking new homes in foreign countries. Academics and policy-makers have jointly turned to international law […]

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Empowering Individual Plaintiffs

The individual plaintiff plays a critical—yet underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a […]

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Why Congress Cannot Unilaterally Repeal Puerto Rico’s Constitution

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The Disobedient Jury: Why Lawmakers Should Codify Jury Nullification

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