Cornell Law Review Volume 95 Issue 6

Refining the Democracy Canon

This Article responds to Professor Rick Hasen’s important new work, The Democracy Canon. Hasen identifies an intriguing and, until now, largely unnoticed practice in many state courts—to wit, the construing of election statutes with a strong thumb-on-the-scales in favor of easing voters’ access to the polls and classifying ballots as eligible to be counted.  Hasen defends this “pro voter” canon […]

Read More :: View PDF

Embedded Aggregation in Civil Litigation

When one hears the term aggregation in civil litigation, the long-running debate over class actions comes to mind.  Viewed within its own terms, that debate tends to convey the impression that the world neatly divides itself into the mass effects somehow unique to class actions on the one hand and the confined realm of one-on-one litigation on the […]

Read More :: View PDF

The Benefits of the Democracy Canon and the Virtues of Simplicity: A Reply to Professor Elmendorf

In a recent article, I describe and defend a longstanding substantive canon of statutory interpretation that I dub “the Democracy Canon.”  The Canon calls upon courts to liberally construe election statutes under certain circumstances so as to favor enfranchisement of the voter and to maximize voter choice.  For example, a court applying the Canon could order election officials […]

Read More :: View PDF

Can Bad Science Be Good Evidence? Neuroscience, Lie-Detection, and Beyond

How should the legal system confront the advances in the brain sciences that may possibly allow more accurate determinations of veracity—lie detecting—than those that now pervade the litigation process?  In this Essay, I question the view, widespread among the scientists most familiar with these advances, that the neuroscience of lie detection is not, or at least not yet, […]

Read More :: View PDF

Patent at Your Own Risk: Linguistic Fences and Abbott Labs v. Sandoz

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

Read More :: View PDF

Autism, Insurance, and the IDEA: Providing a Comprehensive Legal Framework

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

Read More :: View PDF