Cornell Law Review Volume 92 Issue 6

The Danger of Underdeveloped Patent Prospects

Commentators have long recognized that much of the work of commercializing an invention occurs after a patent issues. They have not recognized, however, that by the time market conditions make commercialization potentially attractive, the remaining patent term might be sufficiently short such that a patentee will not develop an invention to the extent that the patentee would if […]

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Tort Law and Moral Luck

On its face, tort law is a law of wrongs. The word “tort” means wrong. Before tort was identified as a legal category in its own right, torts were known as “private wrongs.” Judicial opinions in modern tort cases speak of defendants who owe duties to refrain from wrongful conduct. Courts seek to determine whether those duties have been breached. […]

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Avoiding Implicit Acceptance of Bigotry: An Argument for Standardized Testing of Home-schooled Children

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

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National Security Letters and the Amended Patriot Act

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

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Property as Constitutional Myth: Utilities and Dangers

Recently, a revolution has begun in the American study of constitutional law. For many years constitutional scholarship was primarily an insular domestic concern. However, American scholars and decision makers have suddenly become actively aware of the existence of constitutional regimes in other countries and the value of studying those regimes. Just as globalization has become […]

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The Social Responsibility of Ownership

Gregory Alexander’s new book, The Global Debate over Constitutional Property: Lessons for American Takings Jurisprudence, provides a unique opportunity to reflect on the functions of comparative law and the nature of ownership. This Essay highlights the role of comparative law in upsetting law’s tendency to turn contingency into necessity, but also warns against using comparative […]

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Demythologizing Property and the Illusion of Rules: A Response to Two Friendly Critics

Academic life can be a depressing experience. Despite the enormous amount of time many academics spend producing written scholarship, most of us have little expectation that more than a tiny handful of people will read our published work, if indeed it is read at all. And probably even fewer of us have any expectation whatsoever […]

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