Cornell Law Review Volume 92 Issue 4

Democracy and Distortion

This Article contends that judicial supervision of excessive manipulation of electoral lines for partisan purposes–political gerrymandering-may be justified in a mature democracy. The Article responds to the debate among courts and commentators over whether political gerymandering presents any constitutionally relevant harms and, further, whether courts may be able to resolve the structural issues presented by political gerrymandering claims. Drawing from […]

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Structural Reform in Criminal Defense: Relocating Ineffective Assistance of Counsel Claims

This Article suggests a structural reform that could solve two different problems in criminal defense representation.  The first problem is that the right to effective trial counsel lacks a meaningful remedy.  Defendants are generally not permitted to raise ineffective assistance of counsel claims under collateral review.  Given that collateral review typically occurs years after trial, […]

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Full Public Funding: An Effective and Legally Viable Model for Campaign Finance Reform in the States

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The SEC’s Ineffective Move Toward Greater Regulation of Offshore Hedge Funds: The Failure of the Hedge Fund Registration Requirement

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The Promise and Shortcomings of Forensic Linguistics

When many people think of expert testimony in the criminal justice system, they imagine testimony involving the forensic techniques employed by the fictional investigators on the television show CSI: Crime Scene Investigation. In a high-profile case, jurors expect to hear about DNA testing, ballistics analysis, fingerprint matching, handwriting comparisons, and autopsies. Indeed, jurors have developed a near reverence for such expert […]

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Undercover Operatives and Recorded Conversations: A Response to Professors Shuy and Lininger

In Creating Language Crimes: How Law Enforcement Uses (and Misuses) Language, Professor Roger W. Shuy contends that audio recordings of suspects made by undercover operatives, a staple of modern criminal investigations and prosecutions, are potentially misleading. He warns that the unchecked use of such recordings at trial can result in conviction of the innocent. In a review of that […]

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