Cornell Law Review

Note

Disparate Defense in Tribal Courts: The Unequal Rights to Counsel as a Barrier to Expansion of Tribal Court Criminal Jurisdiction

Samuel Macomber, J.D., Cornell Law School, 2020.

This Note argues that modifying the right to counsel for Indians will help expand tribal court criminal jurisdiction over non-Indians. Fixing the discrepancy in representation between Bryant and Jaimez may increase U.S. Congress’s faith in tribal courts and thus encourage Congress to extend tribal jurisdiction over more non-Indian offenders. This Note arises from a deeply held belief in both the rights of the accused as presumptively innocent and the rights of tribes as sovereign nations.

Dec 2020

When Does The Bell Toll For Women’s Equality?

This year, the Cornell Law Review will host, When Does The Bell Toll For Women’s Equality?,  an online symposium that examines the political, economic, social, and legal status of women. The symposium makes interventions along the lines of sex, race, and class to understand the persistence of women’s inequality and invisibility at a critical juncture…

Sep 2020

Article

Privacy as Pretext

Susan Hazeldean

The terms of the debate over LGBT rights have shifted in recent years, particularly since the Supreme Court made marriage equality the law of the land in Obergefell v. Hodges. Today, people against LGBT equality argue that curtailing LGBT rights is necessary to protect the rights of others. One potent rhetorical weapon used to oppose…

Nov 2019

Article

What is Discriminatory Intent?

Aziz Z. Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School.

The Constitution’s protection of racial and religious groups is organized around the concept of discriminatory intent. But the Supreme Court has never provided a crisp, single defini­tion of ‘discriminatory intent’ that applies across different in­ stitutions and public policy contexts. Instead, current jurisprudence tacks among numerous, competing conceptions of unconstitutional intent. Amplifying the doctrine’s complex­ity, the Court…

Jul 2018