Print Volume 108 – Cornell Law Review

Category: Print Volume 108

Note

Political Advertising on Free Streaming Sites: Conflicts with First Amendment and Exploring Viability of Regulation

Pilar Gonzalez Navarrine

J.D., Cornell Law School, 2024; B.A., Washington University in St. Louis, 2018.

When broadcast TV first became a staple in the American household, it probably seemed unlikely that fifty years later, its hold on the American public would lessen in favor of other types of media. However, for years now, users have relied on online news—whether websites, social media sites, or streaming sites—instead of cable and broadcast…

Jan 2024

Note

Waging War: Exercising the Right to Selfdefense in Disputed Territories

Merrick Black

B.A., Yale University, 2019; J.D., Cornell Law School, 2024; Publishing Editor, Cornell Law Review, Vol. 109.

This Note will focus on whether a state may invoke the right to self-defense in order to protect citizens living in a different territory. In my Note, I will examine the separatist regions of Abkhazia, Transnistria, and Donbas. First, I will argue that Russia’s efforts to foster sovereignty in separatist regions by creating treaties with…

Jan 2024

Article

Arbitration Secrecy

E. Gary Spitko

Presidential Professor of Ethics and the Common Good and Professor of Law, Santa Clara University.

Parties to an arbitration contract may agree to a secrecy clause that will govern their arbitration process to protect the confdentiality of their proprietary or personal information. Of great concern, however, is that they also may use such an arbitration secrecy clause to hide their improper or discriminatory practices or defects in their products, and…

Jan 2024

Article

Federal Rules of Private Enforcement

David L. Noll & Luke P. Norris

Professor of Law and Associate Dean for Faculty Research and Development, Rutgers Law School & Associate Professor of Law, University of Richmond School of Law.

The Federal Rules of Civil Procedure were made for a different world. Fast approaching their hundredth anniversary, the Rules reflect the state of litigation in the first few decades of the twentieth century and the then-prevailing distinction between “substantive” rights and the “procedure” used to adjudicate them. The role of procedure, the rulemakers believed, was…

Jan 2024

Article

The Sea Corporation

Robert Anderson

Professor of Law, University of Arkansas School of Law.

Over the past two centuries the corporation has emerged from obscurity to become the dominant form of business organization in the United States, accounting for more productive assets than all other business forms combined. Yet the corporation is relatively young for a legal institution of such economic importance. As late as the middle of the…

Jan 2024

Note

How to Get Away with Murder: The Norwegian Approach

Elena Smalline

J.D., Cornell Law School, 2023; B.S. (Business Management and Psychological Sciences), Rensselaer Polytechnic Institute, 2020.

What does it mean for one to be insane enough to not be held responsible for a criminal act one committed? The answer to this question varies across differing eras, cultures, countries, and laws. If one were to ask English legal-scholar Sir Matthew Hale, he would assert that to be insane enough to not be…

Nov 2023

Note

Googling, Profiling, and Drafting a “Fantasy Team” of Jurors: Contextualizing Online Investigations into Jurors and Venirepersons Within Centurues of Analog Litigation Practices

Alison Draikiwicz

J.D., Cornell Law School, 2023; B.A., Wellesley College, 2018.

In recent years, judges and commentators have sounded the alarm on litigators’ increasingly extensive research into jurors’ and venirepersons’ online presences. Despite critics’ ethical and practical concerns, the age of “voir google” continues to thrive and evolve. In this Note, I seek to contextualize the era of online investigations within the broader era of American…

Nov 2023

Article

The Unique Appearance of Corruption in Personal Loan Repayments

John J. Martin

Research Assistant Professor of Law, University of Virginia School of Law.

Under U.S. campaign finance jurisprudence, electoral candidates have the right to self-fund their campaigns without limitation. The majority of self-funded candidates do so by issuing personal loans—i.e., personal money given to their campaign with the expectation of having it paid back. Many such candidates rely on outside contributions to help repay these personal loans, leaving…

Nov 2023

Article

The Constitutional Limits of Criminal Supervision

Eric S. Fish

Acting Professor of Law, University of California at Davis.

Nearly four million people are under criminal supervision in the United States. Most are on probation or parole. They can be sent to prison if a judge concludes that they violated the terms of their supervision. When that happens, there is no right to a jury trial. The violation only needs to be proven to…

Nov 2023

Article

The Independent Agency Myth

Neal Devins & David E. Lewis

Sandra Day O’Connor Professor of Law and Professor of Government, College of William and Mary & Rebecca Webb Wilson University Distinguished Professor, Vanderbilt University.

Republicans and Democrats are fighting the wrong fight over independent agencies. Republicans are wrong to see independent agencies as anathema to hierarchical presidential control of the administrative state. Democrats are likewise wrong to reflexively defend independent agency expertise and influence. Supreme Court Justices also need to break free from this trap; the ongoing struggle over…

Nov 2023

Category: Print Volume 108

Pilar Gonzalez Navarrine J.D., Cornell Law School, 2024; B.A., Washington University in St. Louis, 2018.

Merrick Black B.A., Yale University, 2019; J.D., Cornell Law School, 2024; Publishing Editor, Cornell Law Review, Vol. 109.

E. Gary Spitko Presidential Professor of Ethics and the Common Good and Professor of Law, Santa Clara University.

David L. Noll & Luke P. Norris Professor of Law and Associate Dean for Faculty Research and Development, Rutgers Law School & Associate Professor of Law, University of Richmond School of Law.

Robert Anderson Professor of Law, University of Arkansas School of Law.

Elena Smalline J.D., Cornell Law School, 2023; B.S. (Business Management and Psychological Sciences), Rensselaer Polytechnic Institute, 2020.

Alison Draikiwicz J.D., Cornell Law School, 2023; B.A., Wellesley College, 2018.

John J. Martin Research Assistant Professor of Law, University of Virginia School of Law.

Eric S. Fish Acting Professor of Law, University of California at Davis.

Neal Devins & David E. Lewis Sandra Day O’Connor Professor of Law and Professor of Government, College of William and Mary & Rebecca Webb Wilson University Distinguished Professor, Vanderbilt University.

Pilar Gonzalez Navarrine

J.D., Cornell Law School, 2024; B.A., Washington University in St. Louis, 2018.

Merrick Black

B.A., Yale University, 2019; J.D., Cornell Law School, 2024; Publishing Editor, Cornell Law Review, Vol. 109.

E. Gary Spitko

Presidential Professor of Ethics and the Common Good and Professor of Law, Santa Clara University.

David L. Noll & Luke P. Norris

Professor of Law and Associate Dean for Faculty Research and Development, Rutgers Law School & Associate Professor of Law, University of Richmond School of Law.

Robert Anderson

Professor of Law, University of Arkansas School of Law.

Elena Smalline

J.D., Cornell Law School, 2023; B.S. (Business Management and Psychological Sciences), Rensselaer Polytechnic Institute, 2020.

Alison Draikiwicz

J.D., Cornell Law School, 2023; B.A., Wellesley College, 2018.

John J. Martin

Research Assistant Professor of Law, University of Virginia School of Law.

Eric S. Fish

Acting Professor of Law, University of California at Davis.

Neal Devins & David E. Lewis

Sandra Day O’Connor Professor of Law and Professor of Government, College of William and Mary & Rebecca Webb Wilson University Distinguished Professor, Vanderbilt University.