Cornell Law Review Volume 97 Issue 2

Hon. Ellsworth A. Van Graafeiland

If I could ask him, I have no doubt that the late Judge Van Graafeiland would tell me I could find something more useful to do than write his dedication. A tough questioner on the bench and a fierce dissenter, the Judge was a modest, unassuming person in chambers—a mentor, a role model, and a teacher to […]

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Can the Rule of Law Survive Judicial Politics?

According to legends dating back to the Renaissance, the ermine would rather die than soil its pristine white coat. The ermine so came to symbolize purity, and English judges adopted this symbol by adorning their robes with ermine fur. For their part, American judges took a more ermine-friendly approach, dispensing with the fur but retaining the ermine as a symbol. Wearing the […]

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Moral Character, Motive, and the Psychology of Blame

Criminal law conceives blameworthiness as the carefully calculated end product of discrete judgments about a transgressor’s intentionality, causal proximity to harm, and the harm’s foreseeability. Research in social psychology, on the other hand, suggests that blaming is often intuitive and automatic, driven by a natural impulsive desire to express and defend social values and expectations. Reconciling legal blame […]

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Judicial Takings or Due Process?

In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, a plurality of the U.S. Supreme Court concluded that the Takings Clause of the U.S. Constitution prohibits the judiciary from declaring that “what was once an established right of private property no longer exists” unless the property owner in question receives just compensation. In this Article, […]

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The Age of Consent: When is Sexting No Longer “Speech Integral to Criminal Conduct?”

To read the complete Note, click “VIEW PDF” below. 

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“Vacation” at the Farm: Why Courts Should Not Extend “Remand Without Vacation” to Environmental Deregulation

To read the complete Note, click “VIEW PDF” below. 

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