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Jeena Patel
J.D. Candidate, Cornell Law School, 2026; B.A. in Political Science, Boston University, 2021. Firstly, the author thanks the editors and board members of Cornell Law Review. The author would like to thank Professor Robert Odawi Porter for teaching a life-changing course on Indigenous Law. The author would also like to thank Kathryn E. Fort, whose knowledge, insights, and passion for ICWA made this Note possible.
The Indian Child Welfare Act (ICWA) of 1978, enacted to protect Native American children from being removed from their tribes, was recently upheld in 2023 by the U.S. Supreme Court in Haaland v. Brackeen in the face of considerable challenge. Through analyzing the upholding of ICWA and its ramifications, this Note seeks to examine how…
Nicholas J. Nugent
Assistant Professor of Law, University of Tennessee. This Article benefited from presentations at New York University, Wake Forest University, the University of Arizona, the University of Richmond, and the Annual Meeting of the Association of American Law Schools in Washington, D.C. In addition to helpful comments from participants in those events, I would like to thank Joshua Fairfield, Aaron Perzanowski, Asaf Lubin, James Grimmelmann, Yaft Lev-Aretz, Maurice Stucke, Gregory Stein, and Gary Pulsinelli for their helpful comments and suggestions. Thanks to Daniel Mendoza for helpful research assistance and to the editors at the Cornell Law Review for fantastic work getting this Article into shape for publication.
It has often been said that the internet lacks public property. Unlike the offline world, denizens of cyberspace cannot gather in the digital equivalent of public parks, cannot shame websites by picketing on adjacent cyber-sidewalks, and cannot loiter in online streets and alleys if they lack a cyber-place of their own. Yet scant attention has…
Allyson E. Gold & Joseph A. Singleton
Allyson E. Gold is a Professor of Law at Wake Forest University School of Law. Joseph A. Singleton is the Health Law & Policy Fellow at Wake Forest University School of Law. Thank you to workshop attendees at the New York University Clinical Writers Workshop, the faculty of NOVA Southeastern Shepard Broad College of Law, and Association for Law and Property Scholars conference attendees for invaluable feedback. We are grateful to John Knox, Jessica Shoemaker, Jenny Russell, Hano Ernst, Michel Vols, and Rachael Walsh for extremely helpful comments and conversations.
American eviction proceedings are governed by a fusion of property and contract law. The law’s narrow understanding of eviction ignores the importance of a dwelling place to its occupants. Property is not merely land or a structure on that land; it is a home with the power to shape communities, social relationships, and human values….
Meghan Brady-Fuchsman
J.D., Cornell Law School, 2026; B.S. in Policy Analysis and Management, Cornell University, 2023; Executive General Editor, Cornell Law Review Vol. 111.
In the summer of 1977, several families living in Tyler, Texas received a letter informing them that their children were no longer eligible to attend public school—unless they could pay $1,000 in tuition. Nine-year-old Alfredo Lopez should have been starting second grade, but his family could not afford the fee. What set him apart from…
Omri Marian
Professor of Law, University of California, Irvine School of Law. I received excellent written comments from Swethaa Ballakrishnen, Joshua Blank, Alex Camacho, Adam Chodorow, Bridget Crawford, Victor Fleischer, Sarah Lawsky, Leslie Samuels, Song Richardson, Gabe Roth, and Ari Waldman. Any errors or omissions are my own.
In 2023, investigative journalists reported multiple instances where billionaires showered Supreme Court Justices with lavish gifts. Previously undisclosed luxury fishing trips, private jet travel, and yacht cruises ignited popular and scholarly debates about Congress’s role in regulating Justices’ conduct. This Article explains how income taxation can, and should, be used to regulate judicial misconduct where…
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Evan D. Bernick, Paul Gowder & Anthony Michael Kreis
Associate Professor of Law, Northern Illinois University College of Law; Professor of Law, Northwestern University Pritzker School of Law; and Assistant Professor of Law, Georgia State University College of Law. Authors’ names are listed in alphabetical order. The authors thank Maggie Blackhawk, Christine Kexel Chabot, Jack Chin, Stella Burch Elias, Paul Lombardo, Ryan Rowberry, and Melissa Stewart for helpful suggestions. The authors alone are responsible for the content of this Essay and any mistakes therein.
This Essay critically surveys the recent debate surrounding birthright citizenship in the United States, particularly in light of arguments presented by legal scholars Randy Barnett, Kurt Lash, and Ilan Wurman. Under the guise of “originalism,” Barnett, Lash, and Wurman propose an ahistorical, revisionist interpretation of the Fourteenth Amendment’s Citizenship Clause. They suggest that the term…
Roger Michalski
Roger Michalski holds the Arch B. & Jo Anne Gilbert Professorship of Law, University of Oklahoma College of Law. The author would like to thank Melissa Mortazavi for her helpful feedback on earlier drafts. A special thanks to Emily Taylor Poppe. This article grew out of a previous article co-authored with her and it would not exist without her.
A new Federal Rule of Civil Procedure, Rule 87, quietly took effect in December 2023. The wholesale adoption of a new rule is rare; most changes to the Federal Rules of Civil Procedure involve tweaks or minor revisions to existing rules, and many existing rules are quite old. Yet, despite the novelty of a new…
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