Queer Eyes Don’t Sympathize: An Empirical Investigation of LGB Identity and Judicial Decision Making

Jared Ham & Chan Tov McNamarah

This Note’s objectives are twofold. First, this Note presents the findings of the first ever empirical analysis of the voting patterns of LGB judges, as compared to heterosexual judges in the United States. Second, this Note considers what role a judge’s LGB identity may play in his or her decision making. Using social science research curated in the context of race and gender, this Note summarizes previous debates concerning other minority statuses and introduces them to the environment of sexual orientation. Informed by prior scholarship on race and gender in judicial decision making, this Note extends the conclusions and principles to consider whether LGB identity should affect decision making and how it may do so.

Mar 2020

Domesticating Comity: Territorial U.S. Discovery in Violation of Foreign Privacy Laws

Corby F. Burger

This Note aims to make two contributions. First, this Note addresses a series of threshold descriptive and normative questions that are mostly unaddressed by scholars, the Restatements of Foreign Relations Law, and the courts: Is the doctrine of foreign-state compulsion available to defend against a territorial discovery order or is the foreign-state compulsion defense limited to extraterritorial acts? How have courts applied the doctrine to territorial discovery, if at all? Should the foreign-state compulsion defense be territorially limited? Second, if the foreign-state compulsion defense is available to defend against a territorial discovery order, how do courts account for the fact that the information is presently located in the United States when applying the doctrine? Should courts account for the present location of ESI, and, if so, how much weight should the present location of data be given in a court’s analysis?

Mar 2020

Professor Katyal’s Cornell Article is judged as best 2019 intellectual property law review article

Professor Sonia Katyal’s Article The Paradox of Source Code Secrecy was selected for inclusion in the 2020 edition of the Intellectual Property Law Review, an anthology published annually by Thomson Reuters (West). This article was originally published in 104 Cornell L. Rev. 1183 (2019). Abstract In Lear v. Adkins, the Supreme Court precipitously wrote, “federal…

Jul 2020

Two Cornell articles are selected as among the best 2019 corporate and securities articles in legal journals

Scholars in corporate and securities law were asked to select the best corporate and securities articles from a list of articles published in legal journals during 2019. The following Cornell Law Review articles will be included in the Corporate Practice Comment: Professors Asaf Eckstein and Gideon Parchomovsk’s Article Toward a Horizontal Fiduciary Duty in Corporate…

Jul 2020

Professor Michele Goodwin receives the John Hope Franklin Prize, Honorable Mention

Professor Michele Goodwin is honored to receive the John Hope Franklin Prize, Honorable Mention for her Article The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration, which was published in Cornell Law Review‘s Volume 104. This Article exposes how the institution of slavery persists in the American penal system. The article provides a robust historical…

Jul 2020

New York Bail Reform: A Quick Guide to Common Questions and Concerns

Emmanuel Hiram Arnaud & Beulah Sims-Agbabiaka

Jul 2020

The Soldier as an Autonomous Weapon

Or Bassok, Assistant Professor at the School of Law of the University of Nottingham

Jun 2020

Subject of a Death

Sherry Colb, C.S. Wong Professor of Law, Cornell Law School.

Jun 2020

Bad Effects: The Misuses of History in Box v. Planned Parenthood

Mary Ziegler, Stearns Weaver Miller Professor at Florida State University College of Law.

May 2020

Harnessing Law and Economics to Disincentivize Corporate Misbehavior

Zachary Henderson, Law Clerk, Seventh Circuit Court of Appeals

May 2020

Greatly Exaggerating Dualism’s Death: Neuroscience and U.S. Law

Joseph Avery, National Defense Science & Engineering Graduate Fellow at Princeton University

May 2020

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