Cornell Law Review Volume 95 Issue 1

The Structural Case for Vertical Maximalism

Many prominent jurists and scholars, including those with outlooks as diverse as Chief Justice John Roberts and Cass Sunstein, have recently advocated a “minimalist” approach to opinion writing at the Supreme Court.  They assert that the Court should issue narrow, fact-bound decisions that do not resolve much beyond the case before it.  I argue that minimalism, as employed […]

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Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory?

In 1930, during the Great Depression, Professor Karl Llewellyn declared in the Harvard Law Review that “ferment” was abroad in the land and legal scholarship, proclaiming “realism” a powerful scholarly force.  In the past year, we have seen our own ferment: the world has shown us the folly of some of legal scholarship’s most powerful intellectual assumptions about the […]

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Evolutionary Theory and the Origin of Property Rights

For legal scholars, the evolution of property rights has been a topic in search of a theory.  My aim here is to draw together various accounts (some of them largely neglected in the legal literature), from dated to modern, and suggest a way they can be melded into a plausible explanation of property’s genesis and early development.  What results […]

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Negative Equity and Purchase-Money Security Interests Under the Uniform Commercial Code and the BAPCPA

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An Uncertain Precedent: United States v. Santos and the Possibility of a Legislative Remedy

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