Category: Issue 1

Note

You are Not Cordially Invited: How Universities Maintain First Amendment Rights and Safety in the Midst of Controversial On-Campus Speakers

Alyson R. Hamby

Against a backdrop of national political turmoil, universities have experienced volatile reactions from their student bodies and outsiders in protest of the inflammatory speakers that schools host on their campuses. This Note discusses the tension between First Amendment protections and tort liability in the context of higher education. Specifically, it focuses on the interplay between…

Dec 2018

Note

Wrongful Termi(gay)tion: A Comparative Analysis of Employment Non-Discrimination Laws and LGBTQ+ Workplace Protections in South Africa and the United States

Jared Ham, B.A., Cornell University, 2015; J.D., Cornell Law School, 2019

Every American deserves the freedom and opportunity to dream the same dreams, chase the same ambitions, and have the same shot at success[.] A growing number of Americans recognize that their LGBT[Q+] family members, friends, and neighbors deserve to be treated like everyone else in the United States. Yet today in America, in the majority…

Nov 2018

Article

Making State Civil Procedure

Zachary D. Clopton

State courts matter. Not only do state courts handle more than sixty times the number of civil cases as federal courts, but they also represent an important bulwark against the effects of federal procedural retrenchment. Yet state courts and state procedure are notably absent from the scholarly discourse. In order to evaluate state procedure—and in…

Nov 2018

Article

Will Delaware be Different? An Empirical Study of TC Heartland and the Shift to Defendant Choice of Venue

Ofer Eldar, Associate Professor, Duke University School of Law; Research Fellow, Duke Innovation & Entrepreneurship Initiative.

Neel U. Sukhatme, Associate Professor, Georgetown University Law Center; Affiliated Faculty, Georgetown McCourt School of Public Policy.

Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, like enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue,…

Nov 2018

Article

Remote Control: Treaty Requirements for Regulatory Procedures

Paul Mertenskötter & Richard B. Stewart

Modern trade agreements have come to include many and varied obligations for domestic regulation and administration. These treaty-based commitments aim primarily to improve the freedom of firms to operate in the global economy by aligning the ways in which governments regulate markets and private actors engage governments through administrative law. They therefore strike at the…

Nov 2018