Infamous Misdemeanors and the Grand Jury Clause By Gabriel J. Chin & John Ormonde. Full text here. Under an overlooked body of constitutional law, many more federal offenses must be prosecuted by grand jury indictment than is now the practice. Current rules provide that felonies must be prosecuted by grand jury indictment, but misdemeanor charges…

Dean David Wippman: Strong Leadership in a Challenging Time By Fionnuala Ní Aoláin & Brett McDonnell. Full text here. David Wippman graduated from Yale Law School in 1982. Within ten years of graduating, he became co-managing partner of a boutique law firm. His love of research and scholarly work, however, drew him to Cornell Law…

Keeping Promises and Meeting Needs: Public Charities at a Crossroads By Allison Anna Tait. Full text here. When a charitable institution cannot fulfill the terms governing a gift agreement, it must decide whether to keep a promise or meet a need. If an institution chooses to keep a promise to a donor, it might not…

By Robert J. Rhee. Full text here. Shareholder primacy is one of the most fundamental concepts in corporate law and corporate governance. It is widely embraced in the business, legal, and academic communities. Economic analysis and policy arguments advance a normative theory that corporate managers should maximize shareholder wealth. Academic literature invariably describes shareholder primacy…

Administrative Answers to Major Questions: On the Democratic Legitimacy of Agency Statutory Interpretation By Blake Emerson. Full text here. This Article critiques the legal and theoretical premises of the major questions doctrine, and proposes a revision to the doctrine that better comports with the institutional structure and ideological origins of our administrative state. The major…

Corporate Charter Competition By Lynn M. LoPucki. Full text here. Corporate charter competition has dominated the corporate-law literature for four decades. This Article draws on the theoretical and empirical insights from that vast literature to present a systems analysis of the competition. The analysis shows the competition to be a system composed of three subsystems,…

When Should Employers Be Liable for Factoring Biased Customer Feedback into Employment Decisions? By Dallan F. Flake. Full text here. In today’s customer-centric business environment, firms seek feedback from consumers seemingly at every turn. Firms factor customer feedback into a host of decisions, including employment-related decisions such as who to hire, promote, and fire; how…