Cornell Law Review Volume 98 Issue 5

Political Speech and Association Rights After Knox v. SEIU, Local 1000

In Citizens United v. Federal Election Commission, Boy Scouts of America v. Dale, and other recent cases, the Supreme Court has given organizations a newly robust First Amendment right to use the entity’s money in ways that stakeholders within the organization may find anathema and to discriminate against employees and members in order to advance […]

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Virtual Assembly

This Article provides one of the first scholarly considerations of the constitutional boundaries for online groups. It explores both why and how we should protect these groups by asking two related questions. The first question is theoretical: Do online groups implicate the kinds of values that warrant elevated constitutional protection? The second question is doctrinal: […]

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The Merger Agreement Myth

Practitioners and academics have long assumed that financial markets value the deal-specific legal terms of public company acquisition agreements, yet legal scholarship has failed to subject this premise to empirical scrutiny. The conventional wisdom is that markets must value the tremendous amount of time and money invested in negotiating and tailoring the legal provisions of […]

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Contrition in the Courtroom: Do Apologies Affect Adjudication?

Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal […]

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Pleading Guilty to Death: Protecting the Capital Defendant’s Sixth Amendment Right to a Jury Sentencing After Entering a Guilty Plea

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Libor Integrity and Holistic Domestic Enforcement

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