Cornell Law Review Volume 94 Issue 2

Retributive Damages: A Theory of Punitive Damages as Intermediate Sanction

Not long ago, Professor Cass Sunstein and his co-authors lamented that our legal culture lacks “a full normative account of the relationship between retributive goals and punitive damages.” This Article offers that full normative account—through a theory of “retributive damages” as intermediate civil sanctions. Under the retributive damages framework, when people defy certain legal obligations, the state may […]

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The Anti-Corruption Principle

The Constitution carries within it an anti-corruption principle, much like the separation-of-powers principle, or federalism.  It is a freestanding principle embedded in the Constitution’s structure, and should be given independent weight, like these other principles, in deciding difficult questions concerning how we govern ourselves.  Corruption has been part of our constitutional dialogue since the beginning, but in the last […]

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Weissman v. National Association of Securities Dealers: A Dangerously Narrow Interpretation of Absolute Immunity for Self-Regulatory Organizations

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Mandatory Reassignment Under the ADA: The Circuit Split and Need for A Socio-Political Understanding of Disability

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Pitfalls Ahead: A Manifesto for the Training of Lawyers

Many entrants into the legal profession decided to become lawyers after they were inspired by improvements in social conditions achieved by lawyers like Abraham Lincoln and Thurgood Marshall or literary heroes like Atticus Finch. The historical record of achievement recursively invites new generations into this occupation. Once these entrants arrive at law school, however, the sense of inspiration […]

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