Cornell Law Review Volume 92 Issue 3

Regulatory Beneficiaries and Informal Agency Policymaking

Administrative agencies frequently use guidance documents to set policy broadly and prospectively in areas ranging from Department of Education Title IX enforcement to Food and Drug Administration regulation of directto-consumer pharmaceutical advertising. In form, these guidances often closely resemble the policies agencies issue in ordinary notice-and-comment rulemaking. However, guidances are generally developed with little public participation and are often immune […]

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Are Senior Judges Unconstitutional?

With many federal courts facing burgeoning caseloads and persistent judicial vacancies, senior judges play a vital role in the continued well-being of the federal Judiciary. Despite the importance of their participation in the judicial process, however, senior judges raise a host of constitutional concerns that have escaped the notice of scholars and courts. Many of the problems originate with […]

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A Response to Stras and Scott’s “Are Senior Judges Unconstitutional?”

I have been asked to respond to David Stras and Ryan Scott’s article, Are Senior Judges Unconstitutional? I do so on a policy level, commenting on whether the statute authorizing senior-judge status is a wise piece of legislation with somewhat scanty attention to the technical, legalistic arguments of the authors. I also take this opportunity, which I […]

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Senior Status: An “Active” Senior Judge Corrects Some Common Misunderstandings

I had been a federal district court judge for almost eleven years when I took senior status on September 1, 2006. The next day, I interviewed a third-year law student for a clerkship who, upon learning that I was a senior judge, candidly confessed that he applied only to active judges. I soon realized that he associated “senior” […]

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Due Process Limitations on Extraterritorial Tort Legislation

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

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Recognition by Circumvention: Enforcing Foreign Arbitral Awards as Judgments Under the Parallel Entitlements Approach

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