Cornell Law Review Volume 91 Issue 6

Reserved Indian Water Rights in Riparian Jurisdictions: Water, Water Everywhere, Perhaps Some Drops For Us

In this Article, the author explores the question of whether nonfederally recognized eastern Indian tribes can claim reserved tribal rights to water under the Winters doctrine. The urgency of resolving this question in the tribes favor is underscored by the mounting problem of water scarcity in the East, where most such tribes live, and the problems these tribes have […]

Read More :: View PDF

Say You’re Sorry: Court-Ordered Apologies as a Civil Rights Remedy

This Article proposes that civil rights plaintiffs pursuing cases against governmental defendants should be entitled to receive court-ordered apologies as an equitable remedy. Part I discusses the importance of apology in American society and concludes that apology is culturally embedded as an essential component of everyday dispute resolution. Part II provides a brief overview of current legal scholarship in the […]

Read More :: View PDF

Younger Students, Different Rights? Examining the Standard for Student-Initiated Religious Free Speech in Elementary Schools

To read the complete Note, click “VIEW PDF” below. 

Read More :: View PDF

Searching for Confusion: The Initial Interest Confusion Doctrine and its Misapplication to Search Engine Sponsored Links

To read the complete Note, click “VIEW PDF” below. 

Read More :: View PDF

The Lamentable Notion of Indefeasible Presidential Powers: A Reply to Professor Prakash

In his thoughtful review of my book, Presidential Powers, Professor Sai Prakash cogently criticizes its failure to attempt a taxonomy of when Congress can regulate or interfere with the exercise of presidential powers prescribed in Article II of the Constitution.  Professor Prakash is on the mark.  Charitably, he notes that my omission follows on the failings […]

Read More :: View PDF