Cornell Law Review Volume 95 Issue 5

Law in the Shadow of Bargaining: The Feedback Effect of Civil Settlements

Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important information from the public.  This Essay identifies, to the contrary, problematic issues involving the availability of information on nonrepresentative settlements.  The theoretical and empirical evidence presented in this Essay demonstrates that, despite the widespread use of nondisclosure agreements, information on settlements is distributed both inside and […]

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The Fourth Wave of Education Finance Litigation: Pursuing a Federal Right to an Adequate Education

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“Litigation is Not Ping-Pong,” Except When it is: Resolving the Westfall Act’s Circularity Problem

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Rethinking Trust Law Reform: How Prudent is Modern Prudent Investor Doctrine?

During the 1990s, modern portfolio theory provided the theoretical foundation for significant reforms in trust investment doctrine—reforms that freed trustees from a legal regime in which they faced potential liability for making “speculative” investments.  The reforms enabled trustees to pursue investment policies that protected beneficiaries against inflation risk. But the reforms worked too well; they encouraged trustees to invest […]

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The Inviolate Home: Housing Exceptionalism in the Fourth Amendment

The ideal of the inviolate home dominates the Fourth Amendment. The case law accords stricter protection to residential search and seizure than to many other privacy incursions. The focus on protection of the physical home has decreased doctrinal efficiency and coherence and derailed Fourth Amendment residential privacy from the core principle of intimate association. This Article challenges Fourth Amendment […]

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