Cornell Law Review Volume 91 Issue 5

Jurisdictional Fact

What kind offactual showing must the plaintiff make in order to establish, say, personal jurisdiction? While that question may seem simple enough, real difficulties in regard to the standard of proof arise when there is a similarity of the facts entailed in the jurisdictional determination and those on the merits. Surely, the plaintiff has to do more than allege […]

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New Light on the Decision of 1789

In the Constitution’s earliest days, before there were any federal judges, members of the House engaged in the young nation’s first constitutional debate.  While considering the bill to create a new Department of Foreign Affairs, Representatives considered the means of removing executive officers; the debate culminated in the Decision of 1789.  The traditional view of […]

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Giarratano is a Scarecrow: The Right to Counsel in State Capital Postconviction Proceedings

In the apocryphal Case of the Kettle, one thing is plain: The defendant has no liability for the damage to the plaintiff’s pot.  This may be because he never borrowed it, or because it was cracked when he borrowed it, or because it was sound when he returned it.  Murray v. Giarratano is a similar […]

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Wishing Petitioners to Death: Factual Misrepresentations in Fourth Circuit Capital Cases

Children are notorious for their ability to pretend, and concomitantly, their vulnerability to magical thinking. Sometimes the belief that wishing makes a thing so, or that a particular ritual causes seemingly unrelated results, is charming. Other times, the world of fantasy takes a morbid turn: Fail to watch the sidewalk carefully enough and a fracture ensues; play a circle game […]

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Lessons Learned from the “Laboratories of Democracy”: A Critique of Federal Medical Liability Reform

To read the complete Note, click “VIEW PDF” below. 

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