Cornell Law Review Volume 96 Issue 2

Deciding When to Decide: How Appellate Procedure Distributes the Costs of Legal Change

Legal change is a fact of life, and the need to deal with it has spawned a number of complicated bodies of doctrine.  Some aspects of the problem of legal change have been studied extensively, such as doctrines concerning the retroactivity of new law and the question whether inferior courts can anticipatorily overrule a moribund superior court precedent. […]

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Consent versus Closure

The difficulty of resolving mass tort cases has frustrated claimants, defendants, courts, and counsel alike.  Defendants demand closure, but class certification has proved elusive, and nonclass settlements require individual consent.  Lawyers and scholars have been drawn to strategies that solve the problem of mass tort cases by empowering plaintiffs’ counsel to negotiate package deals that effectively sidestep individual consent. […]

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Destructive Coordination

An important goal of financial risk regulation is promoting coordination.  Law’s coordinating function minimizes costly conflict and encourages greater uniformity among market participants.  Likewise, privately developed market standards, such as standard-form contracts and rules incorporated into widely used vendor technology systems, help to lower transaction costs partly by increasing coordination. By contrast, much of modern financial economics is premised […]

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Welfare Family Caps and the Zero-Grant Situation

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Confrontation Clause Violations as Structural Defects

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