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Site URL: www.cornelllawreview.org
Feed URL: cornelllawreview.org/feed
Posts: 10
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Altered Stakes: Reimagining the Amount-in-Controversy Requirement
Published: September 23, 2024 20:56
Which state-law cases should Congress allow into federal court? Congress’s answer has always been “only the big ones.” This article revisits the choice to limit diversity jurisdiction to higher-value cases and critically examines how Congress has…
Defense Lawyering in the Progressive Prosecution Era
Published: September 23, 2024 20:43
The movement to elect so-called “progressive prosecutors” is relatively new, but there is a robust literature analyzing it from a number of angles. Scholars consider how to define “progressive prosecution,” look at the movement through a racial justice…
Taxing Luxury Emissions
Published: September 23, 2024 19:46
Recent economic and sociological studies have documented the rising challenge of carbon inequality—that is, extreme class disparities in carbon emissions both within the United States and globally. These studies show an alarming divide, with the top 10% of…
Takings and Homeowners’ Expectations in Times of Rapid Climate Change
Published: September 23, 2024 19:33
This Note argues that courts should give more weight to climate change when assessing the reasonable investment-backed expectations that define the owner’s property interest. First, the owner’s expectations should be viewed dynamically, evolving over time,…
The Case For a Uniform Invention Assignment Agreement Act (UIAAA)
Published: September 23, 2024 19:13
An invention is broadly defined as “anything that is created or devised.” As the Supreme Court once remarked, “the word cannot be defined in such manner as to afford any substantial aid in determining whether a particular device involves an exercise of the…
Arousal by Algorithm
Published: August 1, 2024 05:24
The problem of Big Tech has consumed recent legal scholarship and popular discourse. We are reckoning daily with the threats that digital speech platforms like Facebook, X (formerly known as Twitter), TikTok, and YouTube pose to our personal and political…
Article II and the Federal Reserve
Published: August 1, 2024 05:11
The Supreme Court has twice held since 2020 that statutory restrictions on the President’s removal power violate Article II of the U.S. Constitution. Because such removal restrictions create a measure of policy independence from the President, these cases…
Antitrust for Immigrants
Published: August 1, 2024 04:56
Immigrants and undocumented people have often encountered discrimination because they compete against “native” businesses and workers, resulting in protests, boycotts, and even violence intended to exclude immigrants from markets. Key to this story is…
How the Mitigation Doctrine Produces Protections Against Workplace Discrimination
Published: August 1, 2024 04:29
Employment discrimination weakens the American economy, contributes to inequality, and deprives individuals of career opportunities. Estimates place the annual cost of employment discrimination at over sixty-four billion dollars. Economic research further…
Neurosearches
Published: August 1, 2024 03:34
Neurotechnology is advancing exponentially, and the laws of data privacy and security cannot keep pace. Soon, governments will exploit this technology in criminal investigations with what this Note calls “neurosearches.” Scholars have argued against the…