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Category: Current Online Issue

Cornell Law Review Online

Do Reason-Based Abortion Bans Prevent Eugenics?

Sital Kalantry, Associate Professor of Law, Seattle University School of Law

This Essay discusses a lesser‑known case through which Roe v. Wade could be gutted—by declaring reason‑based bans constitutional.  If the Court finds that one reason‑based abortion ban is constitutionally permissible, it will open the door for states to destroy the fundamental right to abortion by enacting many more reasons for why abortion is impermissible.

Oct 2021

Cornell Law Review Online

COVID, Sex Discrimination, and Medical Research

Lori Andrews, J.D., is the Director of the Institute for Science, Law and Technology and Distinguished Professor of Law at IIT Chicago-Kent College of Law.

Bora Ndregjoni, third-year law student at IIT Chicago-Kent College of Law.

This Article analyzes the burgeoning medical research literature about COVID-19 and finds that the historical failure to take women’s symptoms and needs into account continues to this day.

Apr 2021

Cornell Law Review Online

Unequal Representation: Women in Clinical Research

Allison M. Whelan

Associate, Covington & Burling LLP, Washington D.C.; J.D., University of Minnesota Law School; M.A. Bioethics, University of Minnesota.  Special thanks to Professor Michele Goodwin and the editors of the Cornell Law Review.  The views expressed in this article are the author’s and do not represent those of any past, current, or future employer.

Much progress has been made to increase women’s overall representation in clinical trials, but there is far more work to be done with respect to the representation of women of color, and people of color in general. The primary focus of this Article is the inadequate representation of women of color, and people of color more generally, in clinical trials.

Apr 2021

Cornell Law Review Online

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.

Copyright has been weaponized to suppress speech,1 See David S. Olson, First Amendment Based Copyright Misuse, 52 WILLIAM & MARY L. REV. 537, 547–48 (2010) (describing examples of “the Estate of James Joyce’s history of aggressive use of copyright claims to stifle the speech of others”). frustrate competition, 2 See, e.g., Adi Robertson, The EFF is…

Jan 2021

Cornell Law Review Online

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.

This Essay examines whether the United States Constitution allows a governor to veto a state legislature’s bill governing presidential elections. The Constitution does not support this seemingly intuitive proposition directly, and on its face appears to vest control over presidential elections solely in the hands of state legislatures: while Article II of the Constitution explicitly provides for the “Legislature” of each state to control the “manner” in which electors are chosen, it makes no mention of state governors. This vagary in the Constitution’s text takes on particular import in light of political polarization over election administration in recent years. Moreover, the COVID-19 pandemic has prompted numerous states to make emergency modifications to their election systems, including delaying elections or attempting to cancel marginally competitive presidential primaries. Commentators have even expressed fear that a state legislature may eventually attempt to exercise its plenary authority to determine how presidential electors are appointed under Article II, Section 1 of the Constitution to choose electors without holding a popular vote. This Essay answers these concerns by arguing that a state governor can veto state legislatures’ bills governing presidential elections on the same terms as any other legislation.

Jan 2021

Cornell Law Review Online

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.

Book: MIGRATING TO PRISON: AMERICA’S OBSESSION WITH LOCKING UP IMMIGRANTS. César Cuauhtémoc García Hernández. 2019. 190 pages.  Migrating to Prison assumes a primary position among the growing body of legal scholarship that focuses on the role of incarceration in immigration regulation. This Review explores two key contributions of the book, while situating the work among…

Oct 2020

Cornell Law Review Online

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.

 

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 where…

Oct 2020

Cornell Law Review Online

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.

In New York’s statewide court system, once someone is arrested they typically experience what can be an arduous process. For many, that process may involve time spent in jail, regardless of guilt or a conviction. At the heart of that quandary is the use of cash bail.  For example, let’s say that Tina is a…

Oct 2020

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