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Are Anticompetitive Contracts Enforceable? The Illegality Defense and Modern Anticompetitive Contracts

https://publications.lawschool.cornell.edu/lawreview/2025/04/19/are-anticompetitive-contracts-enforceable-the-illegality-defense-and-modern-anticompetitive-contracts/?utm_source=rss&utm_medium=rss&utm_campaign=are-anticompetitive-contracts-enforceable-the-illegality-defense-and-modern-anticompetitive-contracts

Published: April 19, 2025 01:35

This Article argues that contracts that violate Section 1 of the Sherman Act should not be enforceable. Although seemingly modest, courts do not accept this proposition. When a defendant in a breach of contract action raises the defense of “illegality”…

Creditors, Shareholders, and Losers in Between: A Failed Regulatory Experiment

https://publications.lawschool.cornell.edu/lawreview/2025/04/19/creditors-shareholders-and-losers-in-between-a-failed-regulatory-experiment/?utm_source=rss&utm_medium=rss&utm_campaign=creditors-shareholders-and-losers-in-between-a-failed-regulatory-experiment

Published: April 19, 2025 01:35

In the aftermath of the 2007–08 Global Financial Crisis, regulators encouraged many of the world’s largest banks to hold a new type of regulatory instrument with the goal of improving their safety and soundness. The regulatory instrument was known as a…

Social Network as Work: A Labor Paradigm for Regulating Speech on Social Media

https://publications.lawschool.cornell.edu/lawreview/2025/04/19/social-network-as-work-a-labor-paradigm-for-regulating-speech-on-social-media/?utm_source=rss&utm_medium=rss&utm_campaign=social-network-as-work-a-labor-paradigm-for-regulating-speech-on-social-media

Published: April 19, 2025 01:34

Social media has eluded regulation by taking refuge in the First Amendment. The First Amendment, scholars and lawmakers overwhelmingly argue, is a formidable obstacle to regulation because social media facilitates the creation and exchange of speech by…

Protecting Entitlement-Holders with a Uniform Meaning of Fifth Amendment Property

https://publications.lawschool.cornell.edu/lawreview/2025/04/19/protecting-entitlement-holders-with-a-uniform-meaning-of-fifth-amendment-property/?utm_source=rss&utm_medium=rss&utm_campaign=protecting-entitlement-holders-with-a-uniform-meaning-of-fifth-amendment-property

Published: April 19, 2025 01:26

Courts and commentators take it as given that the word “property” in the Fifth Amendment’s Due Process Clause refers to a broader class of assets than does the word “property” in the Fifth Amendment’s Takings Clause. In this Note, I challenge that…

Murder, Multiple Values, and Harmless Free Exercise Error

https://publications.lawschool.cornell.edu/lawreview/2025/04/19/murder-multiple-values-and-harmless-free-exercise-error/?utm_source=rss&utm_medium=rss&utm_campaign=murder-multiple-values-and-harmless-free-exercise-error

Published: April 19, 2025 01:24

Happily, ours is a country dedicated to religious toleration. Among the “crucial principles of our liberal democracy” is that “Americans should freely practice their religions, and government should not establish any religion.” Not content to let those…

Synthetic Data and the Future of AI

https://publications.lawschool.cornell.edu/lawreview/2025/03/18/synthetic-data-and-the-future-of-ai/?utm_source=rss&utm_medium=rss&utm_campaign=synthetic-data-and-the-future-of-ai

Published: March 18, 2025 16:25

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…