Article
Jurisdictional Elements and the Jury
Do jurisdictional elements in criminal statutes actually matter? Of course, formally, the answer is obvious; jurisdictional elements are of paramount importance. In fact, they often serve as the entire justifying basis for a federal (rather than state) criminal prosecution. But beyond mere technicalities, do jurisdictional elements actually make a difference in a jury deliberation room?…
Apr 2022
Article
Systematically Important Platforms
Regulating Big Tech is now a matter of intense public debate. We ask how well Big Tech companies fulfill their role as gatekeepers of the public square. We ponder whether their dominant market positions merit an antitrust response. We assess their culpability and complicity in spreading online misinformation and hate. However, in the many normative…
Apr 2022
Article
Is Unpublished Unequal? An Empirical Examination of the 87% Nonpublication Rate in Federal Appeals
Federal judges resolved more than eighty-seven percent of appeals through unpublished opinions over the past five years. These dispositions are non-precedential and typically contain abbreviated reasoning. Such high rates of nonpublication may be difficult to reconcile with the core values of the federal judiciary—values grounded in precedent, reason-giving, and equal treatment. After intense attention to…
Apr 2022
Article
When Patients Are Their Own Doctors: Roe v. Wade in an Era of Self-Managed Care
It is a critical time to re-examine the gatekeeper framing of the abortion right considering the dramatic conservative shift in the Supreme Court that threatens Roe, and in the midst of a pandemic, which—in a complete reversal of the Roe period—renders in-person care by a provider potentially dangerous. In January, the Supreme Court’s first abortion…
Apr 2022
Article
Protecting Dissent: The Freedom of Peaceful Assembly, Civil Disobedience, and Partial First Amendment Protection
Protesters in the United States frequently engage in peaceful unlawful conduct, or civil disobedience, such as blocking traffic or trespass. Often citing to the First Amendment, authorities will routinely decline to arrest or prosecute this nonviolent conduct or do so for lesser offenses than they could. This treatment, though, can vary considerably by location, issue,…
Apr 2022
Note
Independence in the Interregnum: Delayed Presidential Transitions and the GSA Administrator’s Ascertainment Under the Presidential Transition Act of 1963
If presidential transitions are so important, should a political appointee whose performance is subject to the control and direction of the outgoing President have virtually unfettered discretion to determine whether they have the resources they need to succeed? This Note answers that question in thenegative. It argues that the ascertainment the PTA assigns to the…
Apr 2022
Note
Stealing From the Poor: Regulating Robinhood’s Exchange-Traded Options for Retails Investors
During the height of the COVID-19 pandemic, Robinhood, a brokerage-free stock trading app, saw a meteoric rise in account holders, with Americans seeking new income streams during times of economic hardship, unemployment, and, at times, sheer boredom. The ensuing trading activity significantly impacted the country’s stock market—a result of not only Robinhood’s three million new…
Apr 2022
Essay
The Inevitability and Desirability of the Corporate Discretion to Advance Stakeholder Interests
In The Illusory Promise of Stakeholder Governance, Lucian Bebchuk and Roberto Tallarita offer a vigorous defense of the view that corporate leaders should have a legal duty to maximize only shareholder value.11. Lucian A. Bebchuk & Roberto Tallarita, The Illusory Promise of Stakeholder Governance, 106 CORNELL L. REV. 91 (2020). They define “corporate leaders” as…
Feb 2022
Article
Distributed Federalism: The Transformation of Younger
For decades federal courts have remained mostly off limits to civil rights cases challenging the constitutionality of state criminal proceedings. Younger abstention, which requires federal courts to abstain from suits challenging the constitutionality of pending state prosecutions, has blocked plaintiffs from bringing meritorious civil rights cases and insulated local officials and federal courts from having…
Feb 2022
Essay
Shareholderism Versus Stakeholderism–A Misconceived Contradiction
This Essay critiques an assessment by Lucian Bebchuk and Roberto Tallarita of the relative merits of shareholder and stakeholder governance. In “The Illusory Promise of Stakeholder Governance,” Bebchuk and Tallarita argue that stakeholder governance is either nothing more than enlightened shareholder value, or it imposes unmanageable trade-offs on directors of companies. But trade-offs are ubiquitous…
Feb 2022
Cornell Law Review, Volume 106, Issue 7
Please see below for a complete list of Vol. 106, Issue 7 authors and their scholarship. Thank you to our amazing authors and editors! Articles Renaming Deadly Force Scott A. Harman-Heath, J.D. University of Virginia, B.A. McGill University Three times a day in the United States, a police officer kills someone. On any given day,…
Feb 2022
Cornell Law Review, Volume 106, Issue 6
Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic. Please see below for a complete list of Vol. 106, Issue 6 authors and their scholarship. Articles Legal Corpus Linguistics and the Half-Empirical Attitude Anya Bernstein, Professor of Law, SUNY Buffalo Law School Corpus linguistics in linguistics…
Nov 2021
Cornell Law Review, Volume 106, Issue 5
Cornell Law Review is proud to announce Volume 106, Issue 5! Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic. Please see below for a complete list of Vol. 106, Issue 5 authors and their scholarship. Articles Law as a Battlefield: The U.S., China, and the…
Oct 2021
Cornell Law Review, Volume 106, Issue 4
Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic. Please see below for a complete list of Vol. 106, Issue 4 authors and their scholarship. Articles Civil Liberties in a Pandemic: The Lessons of History Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law,…
Oct 2021
New Publication: Volume 106, Issue 3
Articles The City’s Second Amendment Dave Fagundes, Baker Botts LLP Professor of Law, University of Houston Law Center Darrell A. H. Miller, Melvin G. Shimm Professor of Law, Duke University School of Law This Article addresses the question of the extent to which cities themselves have a right to bear arms. In addition to advancing…
Mar 2021
Cornell Law Review, Vol. 106, Issue 2
Cornell Law Review is proud to announce Vol. 106, Issue 2. Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic. Please see below for a complete list of Vol. 106, Issue 2 authors and their scholarship. ARTICLES The Evidence Rules That Convict the Innocent Jeffrey Bellin, Professor, William…
Mar 2021
Cornell Law Review, Volume 106, Issue 1
Cornell Law Review is proud to announce Vol. 106, Issue 1. Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic. Please see below for a complete list of Vol. 106, Issue 1 authors and their scholarship. Articles The Illusory Promise of Stakeholder Governance Lucian A. Bebchuk, James Barr…
Feb 2021
Cornell Law Review Volume 105, Issue 7
Cornell Law Review is proud to announce Vol. 105, Issue 7. Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic. Please see below for a complete list of Issue 7 authors and their scholarship. ARTICLES Constitutional Rights in the Machine-Learning State Aziz Z. Huq, Frank and…
Nov 2020
Online Symposium on Friday, 10/30—Women on the Front Lines: COVID & Beyond
On Friday, October 30, 2020, 11:00 AM EST to 1:00 PM EST, Cornell Law Review Online will host, Women on the Frontlines: COVID and Beyond, an online symposium that examines the political, economic, social, and legal status of women in light of the COVID-19 pandemic, political turmoil, and racial unrest. To attend the event, register here: https://bit.ly/375nJce….
Oct 2020
Cornell Law Review, Issue 6
Cornell Law Review is proud to announce Vol. 105, Issue 6. Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic. Please see below for a complete list of Issue 6 authors and their scholarship. ARTICLES Against Prosecutors I. Bennett Capers, Professor of Law and Director of the…
Oct 2020