Cornell Law Review Volume 98 Issue 3

The Neutral Road: Toward Complete Independence of the Federal Reserve System

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The Dual Face of the American Jury: The Antiauthoritarian and Antimajoritarian Hero and Villain in American Law and Legal Scholarship

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The Social Production of National Security

This Article analyzes a recent policy innovation offered by governments on both sides of the Atlantic as a means of mitigating one form of national security risk: the idea that private individuals and voluntary associations have an untapped capacity for combating terrorism and in particular al Qaeda. Bold assertions in recent strategy statements mooting this […]

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The Regulator Effect in Financial Regulation

This Article examines situations in which government regulation makes mandatory the use of certain devices and institutions that have been generated by markets and private ordering in the financial sector. I refer to the process of taking devices and institutions created by market processes and making their use mandatory “regulation by assimilation” because the process […]

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Accepting the Limits of Tax Law and Economics

This Article explores the limits of tax law and economics, attributing them to the unique complexity of the tax optimization problem. Designers of the optimal tax system must account for the impossibility of deterring socially undesirable behavior, provide for redistribution, and minimize social costs on the basis of assumptions that are laden with deeply contested […]

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