Cornell Law Review

Mandating Nature’s Course - Feb 2025

On “Death Houses” and “Kill Boxes”: The Death Penalty and Animal Slaughter - Feb 2025

What If Animals Are Moral Agents? - Feb 2025

Feminism, Theocracy, and Righteous Anger: Sherry Colb Unbound - Feb 2025

In Defense of Katz: In Memory of Professor Sherry Colb - Feb 2025

Sherry Colb: Feminist Theorist and Social Change Agent - Feb 2025

Race and a Revised Doctrine of Double Effect: A Reservation About Professor Colb’s Revision - Feb 2025

A Pro-Feminist Life: Sherry Colb and Abortion Rights - Feb 2025

Dead Infants and Taking the Fifth - Feb 2025

New and Newer Ways of Thinking About the Fourth Amendment - Feb 2025

Desperate Times and Desperate Measures: When Is Rescuing Animals “Necessary?” - Feb 2025

Sherry Colb, Massiah, and Miranda - Feb 2025

Using State Constitutions and International Human Rights Law to Compel Law Enforcement to Test Rape Kits - Feb 2025

Judicial Institutionalism - Dec 2024

Earning Trade Secrets - Dec 2024

Reproductive Justice at Work: Employment Law after Dobbs v. Jackson Women’s Health Organization - Dec 2024

Natural‑Person Shareholder Voting - Dec 2024

On Bankruptcy Appeals: Equitable Mootness as Gatekeeper to Plan Confirmation Review - Dec 2024

Payment as Punishment: Establishing College Athletes as Employees to Safeguard Athlete Welfare in the “Super Conference” Era - Dec 2024

Altered Stakes: Reimagining the Amount-in-Controversy Requirement - Sep 2024

Defense Lawyering in the Progressive Prosecution Era - Sep 2024

Taxing Luxury Emissions - Sep 2024

Takings and Homeowners’ Expectations in Times of Rapid Climate Change - Sep 2024

The Case For a Uniform Invention Assignment Agreement Act (UIAAA)  - Sep 2024

Arousal by Algorithm - Aug 2024

Article II and the Federal Reserve - Aug 2024

Antitrust for Immigrants - Aug 2024

How the Mitigation Doctrine Produces Protections Against Workplace Discrimination - Aug 2024

Neurosearches - Aug 2024

The Right to a Glass Box: Rethinking the Use of Artificial Intelligence in Criminal Justice - Apr 2024

Excuse 2.0  - Apr 2024

Forced Robot Arbitration  - Apr 2024

Collective Disagreement: The Uneasy Interaction of the FLSA and FRCP 4(k) After Bristol-Myers Squibb - Apr 2024

Dependent Contractors? The Case for Giving Non-Competes a Central Role in Worker-Classification Tests Under Federal Law - Apr 2024

Eliminating the Common Law Limitations on Force Majeure Clauses - Feb 2024

One-Offs - Feb 2024

Penalizing Prevention: The Paradoxical Legal Treatment of Preventative Medicine - Feb 2024

Rape as Indignity - Feb 2024

Lethal Immigration Enforcement - Feb 2024

Regulating Crisis Pregnancy Centers: the State Attorney General Perspective - Jan 2024

Port in a Storm: Colorado’s “Safe Harbor” Settlement as a Template for Online Lending Reform  - Jan 2024

Democracy, Civil Litigation, and the Nature of Non-Representative Institutions  - Jan 2024

Balancing is for Suckers  - Jan 2024

The Lost Promise of Private Ordering - Jan 2024

Political Advertising on Free Streaming Sites: Conflicts with First Amendment and Exploring Viability of Regulation - Jan 2024

Waging War: Exercising the Right to Selfdefense in Disputed Territories - Jan 2024

Arbitration Secrecy - Jan 2024

Federal Rules of Private Enforcement - Jan 2024

The Sea Corporation - Jan 2024

How to Get Away with Murder: The Norwegian Approach - Nov 2023

Googling, Profiling, and Drafting a “Fantasy Team” of Jurors: Contextualizing Online Investigations into Jurors and Venirepersons Within Centurues of Analog Litigation Practices - Nov 2023

The Unique Appearance of Corruption in Personal Loan Repayments - Nov 2023

The Constitutional Limits of Criminal Supervision - Nov 2023

The Independent Agency Myth - Nov 2023

Where is Statutory Law? - Sep 2023

Building Better Species: Assisted Evolution, Genetic Engineering, and the Endangered Species Act - Sep 2023

Vigilante Federalism - Sep 2023

A Site to Save a Life: The Case for Lobbying Congress to Restrict the Department of Justice from Targeting Supervised Drug Consumption Sites - Sep 2023

Tripping on Patent Hurdles: Exploring the Legal and Policy Implications of Psilocybin Patents - Jul 2023

Pharmaceutical Patent Protection Beyond the Twenty-Year Statutory Term - Jul 2023

Theorizing Corroboration - Jul 2023

International Law in the Boardroom - Jul 2023

The Private Enforcement of National Security - Jul 2023

Religious or Not Religious? That Is Not the Establishment Clause Question - Jun 2023

Political and Judicial Incorrectness: The Case for Modifying the Arlington Heights Test to Disincentivize Discriminatory Appeals - Jun 2023

Property in Wolves - Jun 2023

Miscarriage of Justice: Early Pregnancy Loss and the Limits of U.S. Employment Law - Jun 2023

Addiction and Liberty - Apr 2023

Municipal Failures - Apr 2023

Unequal Protection: Challenges to Serious Mental Illness Exemptions from the Death Penalty - Apr 2023

Politicization of State Attorneys General: How Partisanship is Changing the Role for the Worse - Apr 2023

If We Build It, Will They Legislate? Empirically Testing the Potential Testing the Potential of the Nondelegation Doctrine to Curb Congressional “Abdication” - Apr 2023

Privacy Pretexts - Mar 2023

The Borderline of Crime: The Case for Reevaluating United States v. Bowman & Vigorously Applying the Presumption Against Extraterritoriality to Federal Criminal Statutes - Mar 2023

The Undemocratic Roots of Agency Rulemaking - Mar 2023

Standing Up to TransUnion: How FDCPA Plaintiffs Can Satisfy TransUnion’s Heightened Concrete Injury Standard - Mar 2023

Forced Remote Arbitration - Mar 2023

Privacy Pretexts - Dec 2022

Articles

Remote Work and the Future of Disability Accommodations - Nov 2022

Discredited Data - Nov 2022

Getting to Death: Race and the Paths of Capital Cases After Furman - Sep 2022

Ghosts of Executions Past: A Case Study of Executions in South Carolina in the Pre-Furman Era - Sep 2022

Explaining the Invidious: How Race Influences Capital Punishment in America - Sep 2022

Little Furmans Everywhere: State Court Intervention and the Decline of the American Death Penalty - Sep 2022

The Modern Federal Death Penalty: A Cruel and Unusual Penalty - Sep 2022

AEDPA Repeal - Sep 2022

Articles

Has the Alien Tort Statute Made a Difference?: A Historical, Empirical, and Normative Assessment - Oct 2022

Antidiscrimination and Tax Exemption - Oct 2022

Resurrecting Arbitrariness - Sep 2022

Articles

Cop Tracing - Aug 2022

Voter Data, Democratic Inequality, and the Risk of Political Violence - Aug 2022

Free Exercise Partisanship - Aug 2022

Articles

Amazon as a Seller of Marketplace Goods Under Article 2 - Jun 2022

Medication Abortion Exceptionalism - Jun 2022

Unequal Investment: A Regulatory Case Study - Jun 2022

Articles

Jurisdictional Elements and the Jury - Apr 2022

Systematically Important Platforms - Apr 2022

Deregulated Redistricting - Apr 2022

Articles

Is Unpublished Unequal? An Empirical Examination of the 87% Nonpublication Rate in Federal Appeals - Apr 2022

When Patients Are Their Own Doctors: Roe v. Wade in an Era of Self-Managed Care - Apr 2022

Protecting Dissent: The Freedom of Peaceful Assembly, Civil Disobedience, and Partial First Amendment Protection - Apr 2022

Essays

The Inevitability and Desirability of the Corporate Discretion to Advance Stakeholder Interests - Feb 2022

Shareholderism Versus Stakeholderism–A Misconceived Contradiction - Feb 2022

On the Promise of Stakeholder Governance: A Response to Bebchuk and Tallarita - Feb 2022

Articles

Distributed Federalism: The Transformation of Younger - Feb 2022

Renaming Deadly Force - Feb 2022

Notes

The Missing Civility in Civil Damages: A Proposed Guidelines Structure for Calculating Punitive Damages - Feb 2022

Cookies and Wires: Can Facebook Lure Users Into Divulging Information Under the Wiretap Act’s Party Exception? - Feb 2022

Articles

The State Courts Don’t Have Time for Your Crackpot Antiquarianism: A Decade of Domestic Homicides Since Giles V. California - Nov 2021

Elder Financial Abuse: Capacity Law and Economics - Nov 2021

Legal Corpus Linguistics and the Half-Empirical Attitude - Nov 2021

Notes

“Are We There Yet?” No.: The Numbers That Support Adopting Automatic Appeals in Juvenile Delinquency Proceedings - Nov 2021

Bostock v. Clayton County: The Implications of a Binary Bias - Nov 2021

Articles

Disentangling Religion and Public Reason: An Alternative to the Ministerial Exception - Sep 2021

The Constitutionalization of Parole: Fulfilling the Promise of Meaningful Review - Sep 2021

Law as a Battlefield: The U.S., China, and the Global Escalation of Lawfare - Sep 2021

Notes

Trending Towards Leniency: What Millenium Laboratories & In re Plavix Marketing Teach About the Future of the False Claims Act’s First-to-File Rule - Sep 2021

Finding Benevolent Neutrality in Land Use: RLUIPA’s Equal Terms Provision and the Human Flourishing Theory of Property - Sep 2021

Articles

Employment Practices Liability Insurance and Ex Post Moral Hazard - Aug 2021

Women on the Frontlines - Aug 2021

Civil Liberties in a Pandemic: The Lessons of History - Aug 2021

Essays

Protecting Pregnancy - Aug 2021

Notes

Patenting Pot: The Hazy Uncertainty Surrounding Cannabis Patents - Aug 2021

Are There Rights in Guantánamo Bay: The Great Writ Rings Hollow - Aug 2021

Articles

The City’s Second Amendment - Mar 2021

A Tale of Two Formalisms: How Law and Economics Mirrors Originalism and Textualism - Mar 2021

Litigation Science After the Knowledge Crisis - Mar 2021

Notes

Left at the Gate: How Gate Money Could Help Prisoners Reintegrate Upon Release - Mar 2021

“The Intent to Influence”: Jury Tampering Statutes and the First Amendment - Mar 2021

Articles

The Evidence Rules That Convict the Innocent - Jan 2021

Inescapable Surveillance - Jan 2021

Population-Based Sentencing - Jan 2021

Notes

Second-Class Citizens Under the Second Amendment: The Case for Applying Strict Scrutiny to Lifetime Firearm Bans for Individuals Previously Committed to Mental Institutions - Jan 2021

Compelling Code: A First Amendment Argument Against Requiring Political Neutrality in Online Content Moderation - Jan 2021

Articles

The Illusory Promise of Stakeholder Governance - Dec 2020

Bad Money - Dec 2020

Automated Legal Guidance - Dec 2020

Notes

Venue Above the Clouds: Prosecuting In-Flight Crimes By Creating A “High Skies” Law - Dec 2020

Disparate Defense in Tribal Courts: The Unequal Rights to Counsel as a Barrier to Expansion of Tribal Court Criminal Jurisdiction - Dec 2020

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