Cornell Law Review Volume 92 Issue 1

The “Public Use” Requirement in Eminent Domain Law: A Rationale Based on Secret Purchases and Private Influence

This Article provides a rationale for understanding and interpreting the “public use” requirement within eminent domain law. The rationale is based on two factors. First, while the government often needs the power of eminent domain to avoid the problem of strategic holdout, private parties are generally able to purchase property through secret buying agents. The availability of these undisclosed […]

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The Failure of Bankruptcy’s Fresh Start

An untested assumption of Chapter 7 bankruptcy is that it rehabilitates debtors for a fresh start in the economy. Using original, longitudinal data, we examine this assumption against the realities of life after bankruptcy. Our findings challenge the fresh start as the theoretical underpinning for consumer bankruptcy relief. We found that just one year postbankruptcy, one in four debtors was […]

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Death Row for Child Rape? Cruel and Unusual Punishment Under the Roper-Atkins “Evolving Standards of Decency” Framework

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Checking Reasonableness at the Ticket Counter: The Eighth Circuit’s Flawed Approach to Seizures of Checked Baggage in United States v. Va Lerie

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