Cornell Law Review Volume 94 Issue 5

The Law, Economics and Psychology of Subprime Mortgage Contracts

Almost three million subprime loans were originated in 2006, bringing the total value of outstanding subprime loans over a trillion dollars. A few months later the subprime crisis began, with soaring foreclosure rates and hundreds of billions, perhaps trillions, of dollars in losses to borrowers, lenders, neighborhoods, and cities, not to mention broader effects on the U.S. and world […]

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Super Wicked Problems and Climate Change: Restraining the Present to Liberate the Future

Climate change may soon have its “lawmaking moment” in the United States.  The inherent problem with such lawmaking moments, however, is just that: they are moments.  What Congress and the President do with much fanfare can quickly and quietly slip away in the ensuing years.  This is famously so for environmental law.  Subsequent legislative amendments, limited budgets, appropriations riders, […]

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Regulating Funny: Humor and the Law

Chuck makes a joke.  The joke hurts Gladys, who complains, “That’s not funny!”  If Gladys presses her view, ascribing blame and demanding redress, a court matches her hurt with rules of law.  Carried to its logical conclusion, this legal process regulates Chuck’s joke, sending a message about whether society likes his humor.  The law can regulate Chuck’s joke in […]

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Alternate Remedies & The False Claims Act: Protecting Qui Tam Relators in Light of Government Intervention and Criminal Prosecution Decisions

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Defining the Contours of United States v. Hensley: Limiting the Use of Terry Stops for Completed Misdemeanors

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