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Notes

Venue Above the Clouds: Prosecuting In-Flight Crimes By Creating A “High Skies” Law

Philip J. Duggan, B.A., St. Lawrence University, 2015; J.D., Cornell Law School, 2021. With thanks to my friends and family for their steady love and support.

The debate about how to determine a proper venue exemplifies this shifting legal landscape. Recently, statutory and constitutional questions of venue have divided courts and sewn uncertainty as to where defendants charged with in-flight crimes can face justice. This Note calls upon Congress to revise a well-known statute in order to fix the escalating problem of in-flight venue and bring this aspect of criminal procedure into the twenty-first century.

Dec 2020

Disparate Defense in Tribal Courts: The Unequal Rights to Counsel as a Barrier to Expansion of Tribal Court Criminal Jurisdiction

Samuel Macomber, J.D., Cornell Law School, 2020. I thank the Cornell Native American Law Students Association for friendship, community, and learning. I am also grateful to the staff of the Cornell Law Review for their diligent assistance.

This Note argues that modifying the right to counsel for Indians will help expand tribal court criminal jurisdiction over non-Indians. Fixing the discrepancy in representation between Bryant and Jaimez may increase U.S. Congress’s faith in tribal courts and thus encourage Congress to extend tribal jurisdiction over more non-Indian offenders. This Note arises from a deeply held belief in both the rights of the accused as presumptively innocent and the rights of tribes as sovereign nations.

Dec 2020

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

Compelling Code: A First Amendment Argument Against Requiring Political Neutrality in Online Content Moderation

The Internet’s most important law is under attack. Section 230, the statute that provides tech companies with legal immunity from liability for content shared by their users, has recently found its way into the spotlight, becoming one of today’s most hotly debated topics. The short but mighty provision ensures that tech companies can engage in…

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

Forthcoming in Cornell Law Review Online: Ford’s Hidden Fairness Defect

A consumer saves up to buy a used car. Unbeknownst to him, the vehicle has a design defect—and in a crash, the airbag fails to deploy, leaving his passenger severely injured. Under state law, the injured party has a right to sue the vehicle manufacturer: but where? The obvious forum is the plaintiff’s home forum—it’s…

Sep 2020

Cornell Law Review, Issue 5

Cornell Law Review is proud to announce Vol. 105, Issue 5, with Articles, Essays, and Notes exploring Multidistrict Litigation as a Category; Why Has Antitrust Law Failed Workers?; Legitimate Interpretation—Or Legitimate Adjudication?; Chevron as Construction; International Cultural Heritage Law; and Demanding Trust in the Private Genetic Data Market. Thank you to our amazing authors for…

Sep 2020

Cornell Law Review, Issue 3

We are honored to announce Cornell Law Review’s Vol. 105, Issue 3, a symposium issue created after the Lynn Stout Memorial Conference, held in memory of Professor Lynn Stout. Professor Stout was a well-respected colleague and dear friend of the Cornell Law community, and the Cornell Law Review is proud to be a part of this memorial issue.

Aug 2020

Cornell Law Review, Issue 4

Cornell Law Review is proud to announce Vol. 105, Issue 4, with Articles and Essays exploring Tort as Private Administration; Justice Scalia’s Campaign Against Legislative History; Corporate Privacy; Product Liability Law; and Student Notes that explore the Racial Gap in Financial Services and a Crime-Fraud Exception to Executive Privilege. Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic.

Aug 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

Copyright Silencing

Cathay Y. N. Smith, Associate Professor of Law, University of Montana Blewett School of Law. Thanks to Aman Gebru, Jennifer Sturiale, Jacob Victor, Xiyin Tang, for comments and Nicholson Price and Alex Roberts for organizing the 2020 virtual JIPSA summer workshop. Thanks also to Orly Lobel and her students at University of San Diego School of Law for inviting me to talk about this Essay and Tiger King. Finally, thank you to the diligent law review editors at Cornell Law Review.

Jan 2021

The Electors Clause and the Governor’s Veto

Nathaniel F. Rubin. J.D., Stanford Law School, 2018. My thanks go to Lisa Larrimore Ouellette, Allison Douglis, Fares Akremi, and Adam Hersh—without whose feedback and guidance this Essay would not have been possible.  My thanks too to the editors of the Cornell Law Review for their excellent work under trying conditions—including Victor Flores, Nicholas Pulakos, Lachanda Reid, Gabriela Markolovic, and Jared Quigley. All errors are my own.

Jan 2021

Book Review—Yearning to Breathe Free: Migration Related Confinement in America

Danielle C. Jefferis. Assistant Professor, California Western School of Law. I owe deep gratitude to Professor César Cuauhtémoc García Hernández. His research and scholarship are significant contributions to this field and have pushed me to think critically about my own work. He and I, along with Carrie Rosenbaum and Jennifer Chacón, were in conversation about this book during an Author Meets Reader session at the Law and Society’s 2020 Annual Meeting, and our dialogue refined this piece. I also thank the editors of Cornell Law Review, including Gabriela Markolovic, Nicholas Pulakos, and Victor Flores, who have diligently and skillfully prepared this piece for publication during especially unsettled times. Any and all errors are mine.

Oct 2020

Ford’s Hidden Fairness Defect

Linda Sandstrom Simard, Professor of Law, Suffolk University Law School.

Cassandra Burke Robertson, John Deaver Drinko—BakerHostetler Professor of Law and Director of the Center for Professional Ethics, Case Western Reserve University School of Law.

Charles W. “Rocky” Rhodes, Professor of Law, South Texas College of Law Houston.

 

Oct 2020

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

Emmanuel Hiram Arnaud, law clerk at the United States Court of Appeals for the First Circuit and former appellate public defender in New York City.

Beulah Sims-Agbabiaka, law clerk at the Eastern District of Pennsylvania and former appellate public defender in New York City.

Oct 2020

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