Cornell Law Review

Articles

Notes

Articles

• Privacy as Pretext November 15, 2019
• Does the Clear and Present Danger Test Survive Cost-Benefit Analysis? November 15, 2019
• Oversight Failure in Securities Markets November 15, 2019

Notes

• Incarceration or E-Carceration: California SB 10 Bail Reform and the Potential Pitfalls for Pretrial Detainees November 15, 2019
• To Know Our Enemy: How and When the International Laws of War Define Whom the President May Fight in the War on Terror November 15, 2019

Articles

• Politics and Authority in the U.S. Supreme Court September 15, 2019
• Aiding and Abetting in International Criminal Law September 15, 2019
• Staying Faithful to the Standards of Proof September 15, 2019

Notes

• Locked Up, Then Locked Out: The Case for Legislative—Rather Than Executive—Felon Disenfranchisement Reform September 15, 2019
• Incorporating the Fresh Start Into Sovereign Debt Restructuring Through Odious Debt September 15, 2019

Articles

• Speech, Intent, and the President July 15, 2019
• The Endogenous Fourth Amendment: An Empirical Assessment of How Police Understandings of Excessive Force Become Constitutional Law July 15, 2019
• The Paradox of Source Code Secrecy July 15, 2019
• An Empirical Investigation of Third Party Consumer Litigant Funding July 15, 2019

Notes

• “Traveling While Hispanic”: Border Patrol Immigration Investigatory Stops at TSA Checkpoints and Hispanic Appearance July 15, 2019

Articles

• The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration May 15, 2019
• Local Evidence in Constitutional Interpretation May 15, 2019
• Toward a Horizontal Fiduciary Duty in Corporate Law May 15, 2019

Essay

• Property, Dignity, and Human Flourishing May 15, 2019

Notes

• Hertz So Good: Amazon, General Jurisdiction’s Principal Place of Business, and Contacts Plus as the Future of the Exceptional Case May 15, 2019
• Rethinking “Just” Compensation: Dignity Restoration as a Basis for Supplementing Existing Takings Remedies with Government-Supported Community Building Initiatives May 15, 2019

Articles

• The Fair Labor Standards Act at 80: Everything Old is New Again March 15, 2019
• How Essential are Standard-Essential Patents? March 15, 2019
• Energy Exactions March 15, 2019

Notes

• Suicide and Euthanasia: The International Perspective on the Right to Die March 15, 2019
• On the Basis of Sex(ual Orientation or Gender Identity): Bringing Queer Equity to School with Title IX March 15, 2019

Articles

• The Puzzle of the Dignitary Torts January 15, 2019
• Activist Directors and Agency Costs: What Happens When an Activist Director Goes on the Board? January 15, 2019

Notes

• Gender Parity: The Increasing Success and Subsequent Effect of ‘Anti-Male Bias’ Claims in Campus Sexual Assault Proceedings January 15, 2019
• Impersonal Personhood: Crafting a Coherent Theory of the Corporate Entity January 15, 2019
• Regulatory Takings and the Constitutionality of Commercial Rent Regulation in New York City January 15, 2019

Articles

• Making State Civil Procedure November 15, 2018
• Will Delaware be Different? An Empirical Study of TC Heartland and the Shift to Defendant Choice of Venue November 15, 2018
• Remote Control: Treaty Requirements for Regulatory Procedures November 15, 2018

Notes

• You are Not Cordially Invited: How Universities Maintain First Amendment Rights and Safety in the Midst of Controversial On-Campus Speakers December 15, 2018
• Wrongful Termi(gay)tion: A Comparative Analysis of Employment Non-Discrimination Laws and LGBTQ+ Workplace Protections in South Africa and the United States November 15, 2018

Articles

• Preferencing Educational Choice: The Constitutional Limits September 15, 2018
• Justiciability, Federalism, and the Administrative State September 15, 2018
• The End of Bargaining in the Digital Age September 15, 2018
• Too Big to Supervise: The Rise of Financial Conglomerates and the Decline of Discretionary Oversight in Banking September 15, 2018

Notes

• Don’t Take Me Out to That Ballpark: State Action, Government Speech, and Chief Wahoo After Matal September 15, 2018
• A Jury of Your [Redacted]: The Rise and Implications of Anonymous Juries September 15, 2018

Articles

• Prioritizing Privacy in the Courts and Beyond July 28, 2020
• Antitrust and the Designing of Production July 28, 2020
• What is Discriminatory Intent? July 28, 2020
• Prioritizing Privacy in the Courts and Beyond July 18, 2018
• Antitrust and the Design of Production July 15, 2018
• What is Discriminatory Intent? July 15, 2018

Notes

• “Mob-Legislating”: JASTA’s Addition to the Terrorism Exception to Foreign Sovereign Immunity July 28, 2020
• “Mob-Legislating”: JASTA’s Addition to the Terrorism Exception to Foreign Sovereign Immunity July 15, 2018

Articles

• Lawyers’ Abuse of Technology July 29, 2020
• Divide & Concur: Separate Opinions & Legal Change July 29, 2020
• The Maternal Dilemma July 29, 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 July 29, 2020
• Benefit Corporations: A Proposal for Assessing Liability in Benefit Enforcement Proceedings July 29, 2020

Articles

• International Cybertorts: Expanding State Accountability in Cyberspace July 29, 2020
• The Central Claiming Renaissance July 29, 2020
• The Rights of Marriage: Obergefell, Din, and the Future of Constitutional Family Law July 29, 2020
• Degrees of Deference: Applying vs. Adopting Another Sovereign’s Law July 28, 2020

Notes

• The Partiality Norm: Systematic Deference in the Office of Legal Counsel July 29, 2020
• Using Daubert to Evaluate Evidence-Based Sentencing July 29, 2020

Articles

• Degrees of Deference: Applying vs. Adopting Another Sovereign’s Law August 21, 2020
• The Constitutional Law of Incarceration, Reconfigured July 28, 2020
• Semi-confidential Settlements in Civil, Criminal, and Sexual Assault Cases July 28, 2020

Notes

• Stricken: The Need For Positive Statutory Law To Prevent Discriminatory Peremptory Strikes Of Disabled Jurors July 29, 2020
• A First Amendment Right to Corrupt your Politician July 28, 2020

Articles

• The Perverse Consequences of Disclosing Standard Terms July 28, 2020
• Panel Assignments in the Federal Courts of Appeals July 28, 2020
• Beware the “Terror Gap”: Closing the Loophole Between the U.S. Terrorist Watchlist System and the Right to Bear Arms July 19, 2020
• Sharing, Samples, and Generics: An Antitrust Framework July 18, 2020

Notes

• Columbia University and Incarcerated Worker Labor Unions Under the National Labor Relations Act July 28, 2020