Cornell Law Review Volume 96 Issue 5

Widening Batson’s Net to Ensnare More Than the Unapologetically Bigoted or Painfully Unimaginative Attorney

In Snyder v. Louisiana, the Supreme Court reaffirmed its commitment to rooting out racially discriminatory jury selection and its belief that the three-step framework established in Batson v. Kentucky is capable of unearthing racially discriminatory peremptory strikes.  Yet the Court left in place the talismanic protection available to those who might misuse the peremptory challenge—the unbounded collection of […]

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Disaster Mythology and the Law

Sociologists have identified a number of “myths”—widely shared misconceptions—about the ways people behave in the immediate aftermath of natural disasters.  While these disaster myths have been the subject of intensive investigation by sociology scholars, they have been wholly neglected in legal scholarship.  Yet these myths have important implications for disaster law and policy.  This Article considers the legal […]

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Chasing the Greased Pig Down Wall Street: A Gatekeeper’s Guide to the Psychology, Culture, and Ethics of Financial Risk Taking

Of all the questions about why the recent financial mess happened, the most perplexing have to do with the immense risk taken on by supposedly sophisticated financial institutions.  There were many different kinds of transactions that shifted subprime mortgage risk from originators to end-of-the-line buyers. Most of it moved rapidly into securitization vehicles or derivatives and then […]

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Employment Discrimination Plaintiffs in the District of Maryland

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The Alien Tort Statute and Prudential Exhaustion

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