Cornell Law Review Volume 97 Issue 1

Double Jeopardy as a Limit on Punishment

One of the most common reasons for a sentencing enhancement is that the defendant has a prior conviction. Courts have rejected claims that these recidivism enhancements violate the prohibition against double jeopardy. They have explained that the Double Jeopardy Clause does not prohibit the legislature from authorizing multiple punishments for one offense and that, in any event, the Double […]

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Foreign Citizens in Transnational Class Actions

This Article addresses an increasingly important question: When, if ever, should foreign citizens be included as members of an American class action? The existing consensus holds that courts should exclude from class membership those foreign citizens whose country does not recognize an American class judgment. Our analysis begins by establishing that this consensus is flawed. Rather, to minimize the […]

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Rational Treaties: Article II, Congressional-Executive Agreements, and International Bargaining

In April 2010, U.S. President Barack Obama and Russian President Dmitry Medvedev signed a new arms-control agreement. “New START” will cut the strategic nuclear arms stockpiles of the two nations by 30%, limit the number of weapon launchers, and link the development of offensive and defensive missile systems. President Obama was required to submit the agreement, the first arms-reduction pact […]

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Curtailing Copycat Couture: The Merits of the Innovative Design Protection and Piracy Prevention Act and a Licensing Scheme for the Fashion Industry

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Langdell and the Leviathan: Improving the First Year Law School Curriculum by Incorporating Moby Dick

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