Cornell Law Review Volume 97 Issue 3

Hierarchy and Heterogeneity: How to Read a Statute in a Lower Court

Is statutory interpretation an activity that all courts should perform the same way? Courts and commentators implicitly so conclude. I believe that conclusion is wrong. Statutory interpretation is a court-specific activity that should differ according to the institutional circumstances of the interpreting court. The U.S. Supreme Court is not the model all other courts should emulate. I identify three kinds […]

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Making Sense of Intellectual Property Law

Intellectual property (IP) scholars have long struggled to explain the boundaries of and differences between copyright and patent law. This Article proposes a novel explanation: copyright and patent can be fruitfully understood as establishing a dichotomy between two different groups of human senses. Copyright traditionally involves objects addressed to the senses of sight and hearing while products appealing […]

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Children’s Rights and a Capabilities Approach: The Question of Special Priority

The latter part of the twentieth century saw the near-universal recognition of the idea of children’s rights as human rights. At the same time, the conceptual basis for such rights remains largely under-theorized. Part of the aim of this Article is to draw on the insights of the “capabilities approach” developed by Martha Nussbaum in philosophy, and Amartya […]

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The Framework(s) of Legal Change

The Supreme Court constantly is changing what previously had been relatively settled understandings of what the law requires. Whenever that happens, the question arises: What to do about the cases that courts have already resolved using subsequently changed legal principles? In a previous article, I identified and criticized a previously underappreciated method for limiting the disruptive effects of legal change: […]

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Without a Leg to Stand on? Class Representatives, Federal Courts, and

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

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Standing in Nuclear Waste: Challenging the Disposal of Yucca Mountain

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