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Category: Essay

Cornell Law Review Online

“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

Cornell Law Review Online

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

Cornell Law Review Online

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

Cornell Law Review Online

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

Cornell Law Review Online

Localizing Minimum Wage Laws: A Rural Perspective

Travis S. Andrews, J.D., University of Virginia, 2016

Since launching in 2012, the Fight for 15 movement has successfully lobbied for a $15 per hour minimum wage in many urban localities.[1]  Today, more than 50 localities have their own minimum wage laws that set a rate higher than state or national pay floors.[2]  Two of the primary justifications for raising the minimum wage…

Jun 2022

Cornell Law Review Online

Racial Reckoning With Economic Inequities

Lisa M. Fairfax,  Alexander Hamilton Professor of Business Law, George Washington University School of Law

In response to the racial reckoning sparked by the police killings of George Floyd, Breonna Taylor and other unarmed Black men and women during the summer of 2020, many corporations publicly expressed their commitment to not only grapple with racial inequities in the economic sphere, but also increase racial diversity on their board, with particular…

Feb 2022

Cornell Law Review Online

Toward a Law and Politics of Racial Solidarity

Luis Fuentes-Rohwer, Class of 1950 Herman B. Wells Endowed Professor of Law, Indiana University Maurer School of Law

Guy-Uriel Charles, Edward & Ellen Schwarzman Professor of Law, Co-Director, Center on Law, Race, and Politics, Duke Law School

The killings of George Floyd, Michael Brown, Trayvon Martin, and others have occurred under different factual circumstances, in different states, at the hands of both state and private actors, and have engendered different levels of outrage on the basis of their perceived egregiousness. Collectively and cumulatively, they have forced Americans to, once again, wrestle with…

Feb 2022

The Inevitability and Desirability of the Corporate Discretion to Advance Stakeholder Interests

Einer Elhauge, Petrie Professor of Law, Harvard Law School

In The Illusory Promise of Stakeholder Governance, Lucian Bebchuk and Roberto Tallarita offer a vigorous defense of the view that corporate leaders should have a legal duty to maximize only shareholder value.11. Lucian A. Bebchuk & Roberto Tallarita, The Illusory Promise of Stakeholder Governance, 106 CORNELL L. REV. 91 (2020). They define “corporate leaders” as…

Feb 2022

Shareholderism Versus Stakeholderism–A Misconceived Contradiction

Colin Mayer, Peter Moores Professor of Management Studies, Saïd Business School, University of Oxford

This Essay critiques an assessment by Lucian Bebchuk and Roberto Tallarita of the relative merits of shareholder and stakeholder governance. In “The Illusory Promise of Stakeholder Governance,” Bebchuk and Tallarita argue that stakeholder governance is either nothing more than enlightened shareholder value, or it imposes unmanageable trade-offs on directors of companies. But trade-offs are ubiquitous…

Feb 2022

On the Promise of Stakeholder Governance: A Response to Bebchuk and Tallarita

William Savitt, Partner, Wachtell, Lipton, Rosen & Katz

Aneil Kovvali, Harry A. Bigelow Teaching Fellow & Lecturer in Law, University of Chicago Law School

Professor Bebchuk and his coauthor Roberto Tallarita have launched a broadside against recent efforts of business leaders, scholars, and lawyers to promote a corporate governance model that permits directors to take into account interests other than stockholders—a governance regime that authorizes directors to manage their corporations having in mind the interests not of stockholders alone,…

Feb 2022

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