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Category: Print Volume 104

Recent News & Events

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

Note

Incarceration or E-Carceration: California SB 10 Bail Reform and the Potential Pitfalls for Pretrial Detainees

Ashley Mullen

On April 23, 2017, Kenneth Humphrey followed an elderly man into his home and demanded money—he left with seven dollars and a bottle of cologne.1In re Humphrey, 228 Cal. Rptr. 3d 513, 518 (Cal. Ct. App. 2018). A few days later, Humphrey was arrested and a court ordered that he be held on $350,000 bail.2Id….

Nov 2019

Note

To Know Our Enemy: How and When the International Laws of War Define Whom the President May Fight in the War on Terror

Gianni P. Pizzitola

Within one week of the terrorist attacks on September 11, 2001, the United States Congress authorized the President to hunt down those responsible. Through the Authorization for the Use of Military Force (AUMF), Congress granted the President the power to mobilize the military and destroy the terrorist organizations that planned and carried out the attack….

Nov 2019

Article

Privacy as Pretext

Susan Hazeldean

The terms of the debate over LGBT rights have shifted in recent years, particularly since the Supreme Court made marriage equality the law of the land in Obergefell v. Hodges. Today, people against LGBT equality argue that curtailing LGBT rights is necessary to protect the rights of others. One potent rhetorical weapon used to oppose…

Nov 2019

Article

Does the Clear and Present Danger Test Survive Cost-Benefit Analysis?

Cass R. Sunstein, Robert Walmsley University Professor, Harvard University.

Under American regulatory law, the dominant contemporary test involves cost-benefit analysis. The benefits of regulation must justify the costs; if they do, regulation is permissible and even mandatory. Under American free speech law, in sharp contrast, an important contemporary test for the regulation of speech involves “clear and present danger.” In general, officials cannot censor…

Nov 2019

Article

Oversight Failure in Securities Markets

Yesha Yadav, Professor of Law, Vanderbilt Law School

According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect information and exclude problem participants from the marketplace, exchanges have offered an efficient source of private discipline for public regulators. The classic conception of…

Nov 2019

Article

Politics and Authority in the U.S. Supreme Court

Joshua B. Fischman, Professor of Law, University of Virginia School of Law

Public discourse on the Supreme Court often focuses on the divide between the liberal and conservative Justices. There has been a second persistent divide in the Court, however, which has been largely overlooked by scholars, the media, and the public. This second divide has arisen most often in cases involving the jury trial right, the…

Sep 2019

Note

Locked Up, Then Locked Out: The Case for Legislative—Rather Than Executive—Felon Disenfranchisement Reform

Amanda J. Wong

A cohesive anti-felon disenfranchisement perspective has gained traction over the last two decades in America. Scholars have harshly criticized disenfranchisement provisions for their insulation and perpetuation of nonwhite marginalization a la Jim Crow. ` Other critics have also decried felon disenfranchisement for barring prior felons from full social integration. Still more critics point to how…

Sep 2019

Note

Incorporating the Fresh Start Into Sovereign Debt Restructuring Through Odious Debt

Matthew B. Masaro

One of the glaring differences between personal bankruptcies and sovereign “bankruptcies” is the absence of a fresh start for sovereigns. This is largely because sovereigns cannot declare bankruptcy in the same way that individuals can declare bankruptcy.1Martin Guzman et al., Introduction to TOO LITTLE, TOO LATE: THE QUEST TO RESOLVE SOVEREIGN DEBT CRISES XIII, XIII (Martin…

Sep 2019

Article

Aiding and Abetting in International Criminal Law

Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy & Alyssa T. Yamamoto

To achieve justice for violations of international law such as genocide, torture, crimes against humanity, and war crimes, it is essential to address complicity for international crimes. Beginning in the 1990s, there was a proliferation of international and hybrid criminal tribunals, which sought to hold perpetrators of these crimes accountable and, in turn, generated an…

Sep 2019

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