Cornell Law Review

Articles

Constitutional Rights in the Machine-Learning State - Nov 2020

Presidential War Powers, The Take Care, and Article 2(4) of the U.N. Charter - Nov 2020

In Defense of Breakups: Administering a “Radical” Remedy - Nov 2020

Notes

Too Much “Acting,” Not Enough Confirming: The Constitutional Imbalance Between the President and Senate Under the Federal Vacancies Reform Act - Nov 2020

The Death of Retaliatory Arrest Claims: The Supreme Courts Attempt to Kill Retaliatory Arrest Claims in Nieves v. Bartlett - Nov 2020

Articles

Against Prosecutors - Sep 2020

FRAND and Antitrust - Sep 2020

Equity, Punishment, and the Company You Keep: Discerning A Disgorgement Remedy Under the Federal Securities Laws - Sep 2020

Notes

Disciplinary Sodomy: Prison Rape, Police Brutality, and the Gendered Politics of Societal Control in the American Carceral System - Sep 2020

Developing a Digital Property Law Regime - Sep 2020

Articles

Chevron as Construction - Jul 2020

Legitimate Interpretation—Or Legitimate Adjudication - Jul 2020

MDL as Category - Jul 2020

Why has Antitrust Law Failed Workers? - Jul 2020

Notes

Demanding Trust in the Private Genetic Data Market - Jul 2020

International Cultural Heritage Law: The Link Between Cultural Nationalism, Internationalism, and the Concept of Cultural Genocide - Jul 2020

Articles

An Essay on the Quieting of Products Liability Law - May 2020

The Paradoxical Impact of Scalia’s Campaign Against Legislative History - May 2020

Torts as Private Administration - May 2020

The Corporate Privacy Proxy - May 2020

Notes

Closing the Racial Gap in Financial Services: Balancing Algorithmic Opportunity with Legal Limitations - May 2020

Executive Privilege—With A Catch: How a Crime-Fraud Exception to Executive Privilege Would Facilitate Congressional Oversight of Executive Branch Malfeasance in Accordance with the Constitution’s Separation of Powers - May 2020

Lynn Stout Symposium

Remutualization - Mar 2020

Cryptocommunity Currencies - Mar 2020

Artificial Agents in Corporate Boardrooms - Mar 2020

A Democratic Political Economy For the First Amendment - Mar 2020

Defined Contribution Plans and the Challenge of Financial Illiteracy - Mar 2020

Corporate Law and the Myth of Efficient Market Control - Mar 2020

Are Publicly Traded Corporations Disappearing? - Mar 2020

Lynn Stout Symposium: Introduction - Mar 2020

Articles

The New Migration Law: Migrants, Refugees, and Citizens in an Anxious Age - Jan 2020

The Six-Month List and the Unintended Consequences of Judicial Accountability - Jan 2020

You Might Be a Robot - Jan 2020

Notes

Queer Eyes Don’t Sympathize: An Empirical Investigation of LGB Identity and Judicial Decision Making - Jan 2020

Domesticating Comity: Territorial U.S. Discovery in Violation of Foreign Privacy Laws - Jan 2020

Articles

A Computational Analysis of Constitutional Polarization - Dec 2019

The Audiences of Statutes - Dec 2019

Virtual Briefing at the Supreme Court - Dec 2019

Notes

Affordable Renewables—Unjust and Unreasonable? - Dec 2019

Extending United States v. Mendoza: Why Defensive Nonmutual Issue Preclusion is Unavailable Against the Federal Government - Dec 2019

Articles

Privacy as Pretext - Nov 2019

Does the Clear and Present Danger Test Survive Cost-Benefit Analysis? - Nov 2019

Oversight Failure in Securities Markets - Nov 2019

Notes

Incarceration or E-Carceration: California SB 10 Bail Reform and the Potential Pitfalls for Pretrial Detainees - Nov 2019

To Know Our Enemy: How and When the International Laws of War Define Whom the President May Fight in the War on Terror - Nov 2019

Articles

Politics and Authority in the U.S. Supreme Court - Sep 2019

Aiding and Abetting in International Criminal Law - Sep 2019

Staying Faithful to the Standards of Proof - Sep 2019

Notes

Locked Up, Then Locked Out: The Case for Legislative—Rather Than Executive—Felon Disenfranchisement Reform - Sep 2019

Incorporating the Fresh Start Into Sovereign Debt Restructuring Through Odious Debt - Sep 2019

Articles

Speech, Intent, and the President - Jul 2019

The Endogenous Fourth Amendment: An Empirical Assessment of How Police Understandings of Excessive Force Become Constitutional Law - Jul 2019

The Paradox of Source Code Secrecy - Jul 2019

An Empirical Investigation of Third Party Consumer Litigant Funding - Jul 2019

Notes

“Traveling While Hispanic”: Border Patrol Immigration Investigatory Stops at TSA Checkpoints and Hispanic Appearance - Jul 2019

Articles

The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration - May 2019

Local Evidence in Constitutional Interpretation - May 2019

Toward a Horizontal Fiduciary Duty in Corporate Law - May 2019

Essay

Property, Dignity, and Human Flourishing - May 2019

Notes

Hertz So Good: Amazon, General Jurisdiction’s Principal Place of Business, and Contacts Plus as the Future of the Exceptional Case - May 2019

Rethinking “Just” Compensation: Dignity Restoration as a Basis for Supplementing Existing Takings Remedies with Government-Supported Community Building Initiatives - May 2019

Articles

The Fair Labor Standards Act at 80: Everything Old is New Again - Mar 2019

How Essential are Standard-Essential Patents? - Mar 2019

Energy Exactions - Mar 2019

Notes

Suicide and Euthanasia: The International Perspective on the Right to Die - Mar 2019

On the Basis of Sex(ual Orientation or Gender Identity): Bringing Queer Equity to School with Title IX - Mar 2019

Articles

The Puzzle of the Dignitary Torts - Jan 2019

Activist Directors and Agency Costs: What Happens When an Activist Director Goes on the Board? - Jan 2019

Notes

Gender Parity: The Increasing Success and Subsequent Effect of ‘Anti-Male Bias’ Claims in Campus Sexual Assault Proceedings - Jan 2019

Impersonal Personhood: Crafting a Coherent Theory of the Corporate Entity - Jan 2019

Regulatory Takings and the Constitutionality of Commercial Rent Regulation in New York City - Jan 2019

Articles

Making State Civil Procedure - Nov 2018

Will Delaware be Different? An Empirical Study of TC Heartland and the Shift to Defendant Choice of Venue - Nov 2018

Remote Control: Treaty Requirements for Regulatory Procedures - Nov 2018

Notes

You are Not Cordially Invited: How Universities Maintain First Amendment Rights and Safety in the Midst of Controversial On-Campus Speakers - Dec 2018

Wrongful Termi(gay)tion: A Comparative Analysis of Employment Non-Discrimination Laws and LGBTQ+ Workplace Protections in South Africa and the United States - Nov 2018

Articles

Preferencing Educational Choice: The Constitutional Limits - Sep 2018

Justiciability, Federalism, and the Administrative State - Sep 2018

The End of Bargaining in the Digital Age - Sep 2018

Too Big to Supervise: The Rise of Financial Conglomerates and the Decline of Discretionary Oversight in Banking - Sep 2018

Notes

Don’t Take Me Out to That Ballpark: State Action, Government Speech, and Chief Wahoo After Matal - Sep 2018

A Jury of Your [Redacted]: The Rise and Implications of Anonymous Juries - Sep 2018

Articles

Prioritizing Privacy in the Courts and Beyond - Jul 2020

Antitrust and the Designing of Production - Jul 2020

What is Discriminatory Intent? - Jul 2020

Notes

“Mob-Legislating”: JASTA’s Addition to the Terrorism Exception to Foreign Sovereign Immunity - Jul 2020

Articles

Lawyers’ Abuse of Technology - Jul 2020

Divide & Concur: Separate Opinions & Legal Change - Jul 2020

The Maternal Dilemma - Jul 2020

Notes

“Making America Safe Again”: The Proper Interpretation § 1101(A)(43)(S) of the Immigration and Nationality Act From both Immigration and Nationality Act From both a Chevron and a Public Policy Perspective - Jul 2020

Benefit Corporations: A Proposal for Assessing Liability in Benefit Enforcement Proceedings - Jul 2020

Articles

International Cybertorts: Expanding State Accountability in Cyberspace - Jul 2020

The Central Claiming Renaissance - Jul 2020

The Rights of Marriage: Obergefell, Din, and the Future of Constitutional Family Law - Jul 2020

Notes

The Partiality Norm: Systematic Deference in the Office of Legal Counsel - Jul 2020

Using Daubert to Evaluate Evidence-Based Sentencing - Jul 2020

Articles

Degrees of Deference: Applying vs. Adopting Another Sovereign’s Law - Aug 2020

The Constitutional Law of Incarceration, Reconfigured - Jul 2020

Semi-confidential Settlements in Civil, Criminal, and Sexual Assault Cases - Jul 2020

Notes

Stricken: The Need For Positive Statutory Law To Prevent Discriminatory Peremptory Strikes Of Disabled Jurors - Jul 2020

A First Amendment Right to Corrupt your Politician - Jul 2020

Articles

The Perverse Consequences of Disclosing Standard Terms - Jul 2020

Panel Assignments in the Federal Courts of Appeals - Jul 2020

Sharing, Samples, and Generics: An Antitrust Framework - Jul 2020

Notes

Columbia University and Incarcerated Worker Labor Unions Under the National Labor Relations Act - Jul 2020

Beware the “Terror Gap”: Closing the Loophole Between the U.S. Terrorist Watchlist System and the Right to Bear Arms - Jul 2020