Cornell Law Review Volume 96 Issue 1

Valuing Intellectual Property: An Experiment

Over the past few decades, important new research in behavioral psychology and experimental economics has challenged fundamental social-scientific assumptions about individual rationality and the efficient functioning of markets.  The “rational actor” model of neoclassical economics, which assumes that people have stable preferences and make decisions that maximize their utility, is eroding in favor of a more nuanced and empirically […]

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The Repeat Appointment Factor: Exploring Decision Patterns of Elite Investment Arbitrators

This Article analyzes the judicial behavior of repeatedly appointed arbitrators.  Focusing on repeat investment arbitrators, the research empirically controverts the conventional wisdom that arbitrators tend to render compromise awards and the perception that investment arbitrators are biased in favor of investors.  The research explores the decision patterns of repeat investment arbitrators on three levels: the tribunal as […]

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Beyond Fair Use

For centuries, the fair use doctrine has been the main—if not the exclusive—bastion of user rights.  Originating in the English courts of equity, the doctrine permitted users, under appropriate circumstances, to employ copyrighted content without the rightsholder’s consent.  In the current digital media environment, however, the uncertainty that shrouds fair use and the proliferation of technological protection […]

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Same-Sex Second-Parent Adoption and Intestacy Law: Applying the Sharon S. Model of “Simultaneous” Adoption to Parent-Child Provisions of the Uniform Probate Code

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A Role for the Judiciary in Reforming Executive Compensation: The Implications of Securities and Exchange Commission v. Bank of America Corp.

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