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Cornell Law Review

Volume 104 Issue 1



Making State Civil Procedure (PDF) 

by Zachary D. Clopton

State courts matter. Not only do state courts handle more than sixty times the number of civil cases as federal courts, but they also represent an important bulwark against the effects of federal procedural retrenchment. Yet state courts and state procedure are notably absent from the scholarly discourse. In order to evaluate state procedure—and in […]

Will Delaware Be Different? An Empirical Study of TC Heartland and the Shift to Defendant Choice of Venue (PDF)

by Ofer Eldar & Neel U. Sukhatme

Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, like enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue, […]

Remote Control: Treaty Requirements for Regulatory Procedures (PDF)

by Paul Mertenskötter & Richard B. Stewart

Modern trade agreements have come to include many and varied obligations for domestic regulation and administration. These treaty-based commitments aim primarily to improve the freedom of firms to operate in the global economy by aligning the ways in which governments regulate markets and private actors engage governments through administrative law. They therefore strike at the […]




Wrongful Termi(Gay)Tion: A Comparative Analysis of Employment Non-Discrimination Laws And LGBTQ+ Workplace Protections in South Africa and the United States (PDF)

by Jared Ham

You Are Not Cordially Invited: How Universities Maintain First Amendment Rights and Safety in the Midst of Controversial on Campus Speakers (PDF)

by Alyson R. Hamby