Cornell Law Review Volume 94 Issue 3

Listening to Congress: Earmark Rules and Statutory Interpretation

Many scholars have categorized legislative rules of procedure as precommitment devices—devices adopted by agents to bind themselves—drawing analogies between legislative rules and famous illustrations of precommitment: Ulysses binds himself to the mast near the island of the Sirens while Jane burns the bridges she crosses to leave Tarzan’s jungle, both to destroy the means to sate temptation.  Yet in the context […]

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Judicial Independence in Excess: Reviving the Judicial Duty of the Supreme Court

Independence from extrinsic influence is, we know, indispensable to public trust in the integrity of professional judges who share the duty to decide cases according to preexisting law.  But such independence is less appropriate for those expected to make new law to govern future events.  Indeed, in a democratic government those who make new law are expected […]

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A Few Thoughts on Judicial Supremacy: A Response to Professors Carrington and Cramton

The efforts of Justices Sandra Day O’Connor and Stephen Breyer to provoke examination of the vitality of the American judiciary’s independence have inspired two conferences, which in turn have produced many thoughtful papers and much commentary. I have been asked to respond to one such paper offered by Professors Paul Carrington of Duke and Roger Cramton of Cornell. […]

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Reining in the Superlegislature: A Response to Professors Carrington and Cramton

Unlike a traditional court of law in the Anglo-American legal world, the United States Supreme Court chooses the cases and issues it will decide.  It selects them from the many thousands of petitions presented to it annually, declining to decide all but a tiny percentage.  The Court is obliged to decide none.  In fact, it currently provides review in […]

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Genocide Funding: The Constitutionality of State Divestment Statutes

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

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The Tide Turns: The Changing HIV/AIDS Epidemic and the Criminalization of HIV Exposure

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

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