Cornell Law Review Volume 94 Issue 1

Globalizing Commercial Litigation

The quality of national judicial systems varies widely from country to country.  In some jurisdictions, the courts resolve commercial disputes quickly, fairly, and economically, while in others, they are slow, inefficient, incompetent, biased, or corrupt.  These differences affect not only litigants, but nations as a whole: effective courts are important for economic development.  A natural implication is that countries […]

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Daniel Defoe and the Written Constitution

Today, as constitutionalism spreads around the globe, it is embodied de rigueur in written documents: even places that sustained polities for centuries without a written constitution have begun to succumb to the lure of writtenness.  America, we think, spawned this worldwide force, inaugurating a radically new form of political organization when it adopted the Constitution as […]

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Big Boy Letters: Trading on Inside Information

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The Offshoring of American Government

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Brown and the Colorblind Constitution

This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School District No. 1, such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew […]

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