Cornell Law Review Volume 98 Issue 1

Patent Holdup, the ITC, and the Public Interest

Patent-assertion entities, or “patent trolls,” use the threat of injunction to hold up product-producing companies in patent suits.  The Supreme Court’s 2006 decision in eBay Inc. v. MercExchange, L.L.C. largely ended that practice, at least in federal courts.  But it has had the unintended consequence of driving patent assertion entities to a different forum, the International Trade Commission […]

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Habeas Corpus and Due Process

The writ of habeas corpus and the right to due process have long been linked together, but their relationship has never been more unsettled or important.  Following the September 11, 2001 attacks, the United States detained hundreds of suspected terrorists who later brought legal challenges using the writ.  In the first of the landmark Supreme Court cases addressing […]

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Managerial Judging: The 9/11 Responders’ Tort Litigation

Most Americans associate the terrorist attacks on the World Trade Center (WTC) in New York with the violent deaths of nearly three thousand victims within hours from the time that jetliners crashed into the twin towers.  Less attention has been focused on the more than sixty thousand postcollapse responders who, over a ten-month period, engaged in round-the-clock rescue, recovery, […]

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Inseverability, Religious Exemptions, and New York’s Same-Sex Marriage Law

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

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Droning On: The War Powers Resolution and the Numbing Effect of Technology-Driven Warfare

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

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