Cornell Law Review Volume 98 Issue 2

The Treaty Power: Its History, Scope, and Limits

This Article examines the scope of the treaty power under the U.S. Constitution.  A recent challenge in the courts has revived a debate over the reach and limits of the federal government’s treaty power that dates to the Founding.  This Article begins by placing today’s debate into historical perspective— examining the understanding of the treaty power from […]

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The English Versus the American Rule on Attorney Fees: An Empirical Study of Public Company Contracts

The American rule for attorney fees requires each party to pay its attorney, win or lose; the English rule (applicable in most of the world) requires the losing party to pay the winner’s reasonable attorney fees.  We study fee clauses in 2,347 contracts in large corporations’ public securities filings.   Because contracting parties can opt out of the […]

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Criminalizing Normal Adolescent Behavior in Communities of Color: The Role of Prosecutors in Juvenile Justice Reform

There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent culpability, Professor Kristin Henning […]

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Annexation of the Jury’s Role in Res Judicata Disputes: The Silent Migration from Question of Fact to Question of Law

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Forseeable Issues and Hard Questions: The Implications of U.S. Courts Recognizing and Enforcing Foreign Arbitral Awards Applying Islamic Law Under the New York Convention

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