Cornell Law Review Volume 90 Issue 3

A Theory of Property

Notwithstanding its importance, property law has eluded both a consistent definition and a unified conceptual framework. Indeed, modern property scholarship has utterly splintered the field. On the one hand, instrumentalists view property as nothing more than default contract rules. On the other hand, conceptualists proclaim the primacy of in rem, rights and specially privileged rights such as the rights to […]

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Economic Authority and the Limits of Expertise in Antitrust Cases

In antitrust litigation, the factual complexity and economic nature of the issues involved require the presentation of economic expert testimony in all but a few cases. This dependence on economics has increased in recent years because of the courts’ narrowing of per se rules of illegality and the courts’ expansion of certain areas of factual inquiry. At the same […]

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Behavioral Economics and Health Policy: Understanding Medicaid’s Failure

This Article employs a behavioral economic analysis to understand why Medicaid has failed to improve the health outcomes of its beneficiaries.  It begins with a formal economic model of health care consumption and then systematically incorporates a survey of psychosocial variables to formulate explanations for persistent health disparities.  This methodology suggests that consulting the literature […]

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General Bias and Administrative Law Judges: Is There a Remedy for Social Security Disability Claimants?

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A Right With No Remedy: Forced Disclosure of Sexual Orientation and Public “Outing” Under 42 U.S.C. § 1983

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Lamenting Lochner’s Loss: Randy Barnett’s Case for a Libertarian Constitution

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Why You Should Read My Book Anyhow: A Reply to Trevor Morrison

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