Category: Essay
Cornell Law Review Online
The Leadership Limitation on Persecutors and Terrorist Organizations
Josh A. Roth
J.D. Candidate, Cornell Law School, 2024.
The asylum system in the United States is a melting pot of political discourse, international relations, and novel questions of law. Among other legal requirements, an asylee bears the burden of showing (1) they were persecuted or have a well-founded fear of future persecution and (2) that the persecution was committed by the government or…
May 2023
Cornell Law Review Online
Antitrust Remedies for Fissured Work
Brian Callaci & Sandeep Vaheesan
Chief economist, Open Markets Institute & Legal director, Open Markets Institute
Can parties control independent trading partners through contract? Antitrust law in the United States has confronted this question since its inception. From the 1940s through the 1970s, the Supreme Court generally held that corporations could not control the business decisions of distributors and suppliers using contracts, or vertical restraints in the parlance of antitrust. For…
Mar 2023
Anecdotes Versus Data in the Search for Truth About Multidistrict Litigation
Lynn A. Baker, Frederick M. Baron Chair in Law, University of Texas School of Law & Andrew Bradt, Professor of Law; Associate Dean of J.D. Curriculum & Teaching; University of California, Berkeley School of Law
A reply to Elizabeth Chamblee Burch & Margaret S. Williams, Perceptions of Justice in Multidistrict Litigation: Voices from the Crowd, 107 Cornell Law Review 1835 (2022). To read this Comment, please click here: Anecdotes Versus Data in the Search for Truth About Multidistrict Litigation
Jan 2023
Data Versus More Data in Multidistrict Litigation
Elizabeth Chamblee Burch, Fuller E. Callaway Chair of Law, University of Georgia School of Law
A reply to Lynn A. Baker & Andrew Bradt, Anecdotes in the Search for Truth About Multidistrict Litigation, 107 Cornell Law Review Online 249 (2023). To read this Comment, please click here: Data Versus More Data in Multidistrict Litigation
Jan 2023
Cornell Law Review Online
An Alternative to Zombieing: Lawfare Between Russian and Ukraine and the Future of International Law
Jill Goldenziel, Professor, National Defense University-College of Information and Cyberspace. Ph.D., A.M., Government, Harvard; J.D. NYU Law; A.B. Princeton
Unlike zombies, Ukraine’s lawfare strategy is very much alive. Ukraine’s lawsuits harm Russia’s reputation in the international community and give states legal ammunition to sanction Russia. Lawfare between Russia and Ukraine will change the future of international law and armed conflict. To explain how and why, this paper proceeds in four parts. Part I briefly…
Jan 2023
Article
Rhetoric and the Creation of Hysteria
Ediberto Román, Professor of Law, Florida International University & Ernesto Sagás, Professor of Ethnic Studies, Colorado State University
The anti-immigrant tenor of the debate leading to the need for a wall, the frustrations relating to it, and its resulting political opportunism are not limited to the United States. Throughout the Western Hemisphere and Europe, political leaders are using similar rhetoric of the immigrant “other” in order to rally the base, deflect criticism, and…
Dec 2022
“Shake the Hand that Feeds You”: Creating Custom Food Safety Certifications for Farm to School Programs
Lauren Tonti, M.P.H Harvard T.H. Chan School of Public Health, J.D. Case Western Reserve University School of Law, B.A. Wellesley College
The United States is home to approximately 14.4 million obese children. Federal government encouragement that schools “purchase unprocessed agricultural products, both locally grown and locally raised, to the maximum extent practicable and appropriate” with federal funds has fallen upon the receptive ears of administrators, whose schools often feed America’s youth two out of three meals…
Aug 2022
Scientific Evidence: Grand Theories and Basic Methods
Curtis E.A. Karnow, Judge of The California Superior Court (County of San Francisco)
California law requires judges to admit expert scientific testimony without resolving scientific controversies, which are left to juries. But case law does not provide a definition of “science” verses inadmissible pseudoscience. And typically juries are asked to resolve ‘scientific’ controversies based on studies never provided to them. The Essay discusses three common definitions of science,…
Aug 2022
Harming Competition and Consumers Under the Guise of Protecting Privacy: An Analysis of Apple’s iOS 14 Policy Updates
D. Daniel Sokol, Carolyn Craig Franklin Chair in Law and Business, USC Gould School of Law & Feng Zhu, Professor of Business Administration, Harvard Business School
This Essay identifies how Apple’s iOS 14 strategy serves to reinforce Apple’s dominance over the mobile ecosystem by significantly reducing—if not effectively precluding—the ability of third-party apps to create value through personalized advertising. This move to stifle competition is consistent with Apple’s established track record of engaging in conduct that protects and extends the dominance…
Jul 2022
Countering the Big Lie: The Role of the Courts in the Post Truth World
Edward D. Cavanagh, Professor of Law, St. John’s University School of Law
This Essay analyzes the role of the courts in handling Trump’s election lie. It argues that the courts were certainly correct in giving short shrift to Trump’s lawsuits, but further that the courts should have done more than simply dismiss Trump’s claims. Had the courts aggressively utilized existing tools to identify and punish prosecution of…
Jun 2022