Cornell Law Review Volume 103 Issue 6

A Jury of Your [Redacted]: The Rise and Implications of Anonymous Juries

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Don’t Take Me Out to That Ballpark: State Action, Government Speech, and Chief Wahoo After Matal

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Too Big to Supervise: The Rise of Financial Conglomerates and the Decline of Discretionary Oversight in Banking

The authority of government officials to define and eliminate “unsafe and unsound” banking practices is one of the oldest and broadest powers in U.S. banking law. But this authority has been neglected in the recent literature, in part because of a movement in the 1990s to convert many supervisory judgments about “safety and soundness” into […]

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The End of Bargaining in the Digital Age

Bargaining is a fundamental characteristic of many markets and legal disputes, but it can be a source of inefficiency. Buyers often waste resources by searching for information about past prices, where a seller already holds that information. A second—and novel—source of social loss is that some buyers will avoid otherwise beneficial bargains and sellers with […]

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Justiciability, Federalism, and the Administrative State

Article III provides that the judicial power of the United States extends to certain justiciable cases and controversies. So if a plaintiff bringing a federal claim lacks constitutional standing or her dispute is moot under Article III, then a federal court should dismiss. But this dismissal need not end the story. This Article suggests a […]

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Preferencing Educational Choice: The Constitutional Limits

Rapidly expanding charter and voucher programs are establishing a new education paradigm in which access to traditional public schools is no longer guaranteed. In some areas, charter and voucher programs are on a trajectory to phase out traditional public schools altogether. This Article argues that this trend and its effects violate the constitutional right to […]

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To All Government Lawyers, Roger Left You a Note Tribute to Roger C. Cramton

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