Cornell Law Review Volume 96 Issue 3

In Defense of Noncapital Habeas: A Response to Hoffmann and King

For decades, federal habeas corpus review of state court judgments has generated wide-ranging, sometimes heated, debate among judges, policymakers, and scholars.  In their 2009 Essay, Rethinking the Federal Role in State Criminal Justice, Professors Joseph L. Hoffmann and Nancy J. King added their voices to the exchange, contending that federal habeas corpus review of noncapital state court convictions and […]

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The Evolving Forum Shopping System

This Article uses empirical analysis to provide a new understanding of transnational litigation in U.S. courts.  According to conventional wisdom, the United States has a forum shopping system with two features that encourage plaintiffs to file claims in U.S. courts, even when those claims involve foreign parties or foreign activity: a permissive approach to personal jurisdiction, giving plaintiffs […]

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Self-Altering Injury: The Hidden Harms of Hedonic Adaptation

Several scholars have recently suggested that under one plausible measure of harm-the happiness of the victim-severe disabilities cause little or no long-term harm.  This is because victims adapt and recover much, if not all, of their preinjury happiness.  Yet most people have a powerful and enduring intuition that severe injuries, like paraplegia, cause substantial harm.  Legal scholars have […]

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Adapting Integer Programming Techniques to Circuit Restructuring

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First and Goal: How the NFL’s Personal Conduct Policy Complies with Federal Antitrust Law

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