Cornell Law Review

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Animal Rights Before Legal Personhood

Growing scientific evidence shows that vast numbers of nonhuman animals are feeling, sentient beings, and ethicists have argued that this means they have moral value. However, law’s integration of individual animals as subjects with greater protection has been slow, despite the terrible threats that animals face today from human drivers like anthropogenic climate change and…

The Law of Creativity?

What are the barriers to progress? For decades, IP scholars had an easy answer: suboptimal private investment in public goods. Recent work on the psychology and sociology of creativity has, however, undermined this easy answer. Simply put, the level of private investment does not dictate the “Progress” of “Science and useful Arts.” As a result,…

Synthetic Data and the Future of AI

The future of artificial intelligence (AI) is synthetic. Several of the most prominent technical and legal challenges of AI derive from the need to amass huge amounts of real-world data to train machine learning (ML) models. Collecting such real-world data can be highly difficult and can threaten privacy, introduce bias in automated decision making, and…

In Pursuit of Quality: Amplifying Panel Effects on the United States Courts of Appeals

The Shouldice Hospital, a medical center outside of Toronto, has become well known for bucking prevailing medical norms. Rather than performing the full panoply of medical services, like most hospitals, it focuses on a single type of surgery— hernia repair. The surgeons at Shouldice perform up to 800 hernia repairs per year, more than a…

How the FTC Ban On Noncompetes Will Impact Use of the Inevitable Disclosure Doctrine

This Note argues that some courts might increase their use of the inevitable disclosure doctrine if the FTC rule banning noncompetes survives legal challenge. The Note begins from the premise that the reason many courts reject the inevitable disclosure doctrine is that if the employer wanted to protect itself against the competition of former employees,…