Cornell Law Review Volume 99 Issue 3

Mug Shots and the FOIA: Weighing the Public’s Interest in Disclosure Against the Individual’s Right to Privacy

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A Two-Branched Attack on the Jury Right in Patent Litigation

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Congress’s (Limited) Power to Represent Itself in Court

Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least […]

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Visual Gut Punch: Persuasion, Emotion, and the Constitutional Meaning of Graphic Disclosure

The ability of government to “nudge” with information mandates, or merely to inform consumers of risks, is circumscribed by First Amendment interests that have been poorly articulated. New graphic cigarette warning labels supplied courts with the first opportunity to assess the informational interests attending novel forms of product disclosures. The D.C. Circuit enjoined them as […]

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