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Category: Issue 4

Note

Hertz So Good: Amazon, General Jurisdiction’s Principal Place of Business, and Contacts Plus as the Future of the Exceptional Case

D.E. Wagner, B.A., McGill University, 2013; J.D., Cornell Law School, 2019; Publishing Editor, Cornell Law Review, Vol. 104. My thanks to Professor Zachary D. Clopton, for his unwavering guidance in aid of both this Note and my development as an attorney; to Leonardo Mangat, for listening to me ramble endlessly about personal jurisdiction; and to the entire staff of the Cornell Law Review for their tireless work. All errors are my own.

This Note proceeds in six parts. Part I describes the genesis of general jurisdiction jurisprudence from Pennoyer v. Neff through Daimler. Part II briefly describes the curtailment of specific jurisdiction in Bristol-Myers Squibb and its effect on personal jurisdiction. In Part III, this Note details lower courts’ treatment of general jurisdiction following Daimler, finding that…

May 2019

Note

Rethinking “Just” Compensation: Dignity Restoration as a Basis for Supplementing Existing Takings Remedies with Government-Supported Community Building Initiatives

Alyssa M. Hasbrouck, B.A., Yale University, 2014; J.D., Cornell Law School, 2019; Notes Editor, Cornell Law Review, Vol. 104. I would like to thank Professor Laura Underkuffler for her unwavering confidence in me and for encouraging me throughout the process of writing this Note. Without her thoughtful feedback, this Note would not exist. Further, my thanks to Susan Green Pado and my colleagues on the Cornell Law Review for their diligent work on this Note during the publication process. Special thanks to Madelaine Horn, Doug Wagner, and Bryan Magee for selflessly going above and beyond to prepare this Note for publication, and for their intellectual camaraderie and support. Lastly, thank you to my parents—for your unconditional love and support since day one.

“We have to give a damn. We have to give a damn about people staying in their home. We have to give a damn about poor and working-class folks, and about seniors who want to spend their sunset years in the homes that they know and love. We have to care, and our policies will follow…

May 2019

Property, Dignity, and Human Flourishing

Gregory S. Alexander

Human flourishing and human dignity are not empty phrases. They have real content, and they matter in real lives. The facts are that we want to live flourishing lives and we want to live lives of dignity. We cannot live such lives, however, unless certain conditions are fulfilled. Among these conditions, flourishing is personal autonomy,…

May 2019

Article

The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration

Michele Goodwin, University of California, Irvine School of Law

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Thirteenth Amendment (1865) Introduction On August 31, 2017, The New York Times published a provocative news article, “The Incarcerated Women Who Fight California’s…

May 2019

Article

Local Evidence in Constitutional Interpretation

Brandon L. Garrett,

The Supreme Court frequently relies on state law when interpreting the U.S. Constitution. What is less understood is the degree and manner in which the Supreme Court and other federal courts look to local law. Although it has gone largely unnoticed, there is a robust practice of acknowledging and accounting for local law in the…

May 2019

Article

Toward a Horizontal Fiduciary Duty in Corporate Law

Asaf Eckstein, Law Lecturer, the Ono Academic College.

Gideon Parchomovsky, Robert G. Fuller, Jr. Professor of Law, University of Pennsylvania Law.

Fiduciary duty is arguably the single most important aspect of our corporate law system. It consists of two distinct sub-duties — a duty of care and a duty of loyalty — and it applies to all directors and corporate officers. Yet, under extant law, the duty only applies vertically, in the relationship between directors and…

May 2019

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