Cornell Law Review Volume 103 Issue 1

Sharing, Samples, and Generics: An Antitrust Framework

Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management programs known as Risk Evaluation and Mitigation Strategies (“REMS”). Pursuant […]

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Panel Assignment in the Federal Courts of Appeals

It is common knowledge that the federal courts of appeals typically hear cases in panels of three judges and that the composition of the panel can have significant consequences for case outcomes and for legal doctrine more generally. Yet neither legal scholars nor social scientists have focused on the question of how judges are selected […]

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The Perverse Consequences of Disclosing Standard Terms

Although assent is the doctrinal and theoretical hallmark of contract, its relevance for form contracts has been drastically undermined by the overwhelming evidence that no one reads standard terms. Until now, most political and academic discussions of this phenomenon have acknowledged the truth of universally unread contracts, but have assumed that even unread terms are […]

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Columbia University and Incarcerated Worker Labor Unions under the National Labor Relations Act

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Beware the “Terror Gap”: Closing the Loophole Between the U.S. Terrorist Watchlist System and the Right to Bear Arms

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