Cornell Law Review Volume 90 Issue 5

Our Inquisitorial Tradition: Equity Procedure, Due Process, and the Search for an Alternative to the Adversarial

American lawyers think of our legal system as firmly adversarial. Yet – as Professor Kessler demonstrates – as late as the nineteenth century, Anglo-American courts of equity employed a mode of procedure, which like that of the courts of continental Europe, derived from the Roman-canon tradition and thus was significantly inquisitorial. Moreover, she argues that, contrary to our tendency […]

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Speech as Conduct: Generally Applicable Laws, Illegal Courses of Conduct, “Situation-Altering Utterances,” and the Uncharted Zones

When, if ever, should speech lose its First Amendment protection on the grounds that it’s really just conduct? Let us set aside restrictions of speech or expressive conduct based on its noncommunicative aspects, for instance because the speakers are blocking traffic or are being too loud.’ Rather, let’s focus on situations in which speech is restricted because of the harm […]

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Assuming Maturity Matters: the Limited Reach of the Establishment Clause at Public Universities

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A Constitutional Oddity of Almost Byzantine Complexity: Analyzing the Efficiency of the Political Function Doctrine

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