Online Volumes

Thanks to Pamela Samuelson, Rebecca Tushnet, Jonathan Band, Charles Duan, and participants in the 2024 Intellectual Property Scholars Conference at Berkeley Law School for helpful comments and to Jacqueline Jedrych for research assistance.

††Emeritus Professor of Law, American University Washington College of Law.

This Article traces the intellectual history of copyright law’s fair use doctrine at the Supreme Court from its first encounter with fair use to its landmark decision slightly more than three decades ago in Campbell v. Acuff-Rose Music, Inc. Campbell provided courts with a coherent, user-centered theory for applying the four statutory fair use factors…

The Coming Health Insurance Transition

Brendan S. Maher

Professor of Law and Director, Health Law, Policy & Management Program, Texas A&M University School of Law. Stanford A.B.; Harvard J.D.

This Article builds in part upon ideas originally formed while litigating benefit and insurance disputes before the United States Supreme Court, including Gobeille v. Liberty Mut. Ins. Co., 577 U.S. 312 (2016) (representing Gobeille); Montanile v. Bd. of Trs. of Nat’l Elevator Indus. Health Benefit Plan, 577 U.S. 136 (2016) (representing Montanile); Heimeshoff v. Hartford Life & Accident Ins. Co., 571 U.S. 99 (2013) (representing Heimeshoff); U.S. Airways, Inc. v. McCutchen, 569 U.S. 88 (2013) (representing McCutchen); and Conkright v. Frommert, 559 U.S. 506 (2010) (representing Frommert). I would also like to thank Professors Norman Stein, Dana Muir, Matthew Lawrence, Natalya Shnitser, Elizabeth McCluskey, Amy Monahan, Valarie Blake, Jessica Roberts, and Shaun Martin, as well as all the attendees at the Thirteenth Annual Employee Benefits & Social Insurance Conference, for their valuable insights. I would also like to thank my superb research assistants, Gregory Fassuliotis and Brandon Robinson, for their tireless work. All errors are mine.

For decades, the dominant form of private health insurance in the United States—by far—has been employment-based group health insurance. Somewhere in the range of 175 million employees and their families receive health care coverage through a system in which employers serve as financiers, procurers, administrators, and fiduciaries of the health insurance promise. An overwhelming percentage…

A Matter of More Worth: An Intent-Based Approach to Failed Tenancies by the Entirety

Arin Sheehan

J.D., Cornell Law School, 2027; B.S. in Applied Economics and Management, Cornell University, 2022.

Thank you to Professor Chang for inspiring this line of research and generously sharing your feedback and advice on this piece. As with all things, this work is dedicated to Sydney, Ellie, Lily, and Nolan.

“Marriage is a matter of more worth / Than to be dealt in by attorneyship.” William Shakespeare, Henry VI, Part I act 5, sc. 5, l. 55–56. A failed tenancy by the entirety occurs when a conveyance is made to an unmarried pair either as [1] tenants by the entirety or [2] as spouses; because…

Censorship as Segregation: Book Bans and the Return of “Separate But Equal”

Morgan Thomas

J.D., Cornell Law School, 2026; B.A., Public Policy, University of North Carolina at Chapel Hill, 2021.

I would like to extend my deepest gratitude to Professor Chan Tov McNamarah and Jared Ham for their guidance, as well as the Cornell Law Review associates and editors for assisting in the publication of this Note.

The year is 2021. Parents are riddled with strife over their children learning about white supremacy, “critical race theory” is America’s new buzzword, and 1,648 books have been banned. Of those books, 40% featured protagonists or prominent secondary characters of color, 21% of the titles directly addressed issues of race and racism, and 10% of…

Current Online Issue

Copyright’s Invisible Hand: Subsidizing America’s Cultural Institutions

Guy A. Rub

Vincent J. Marella Professor of Law, Temple University Beasley School of Law.

The doctrine of copyright exhaustion conceals a substantial and underappreciated subsidy at the heart of American copyright law. For more than a century, it has operated as a deliberate congressional scheme transferring billions of dollars in value to cultural institutions, such as libraries, museums, and galleries. This Essay reconceptualizes copyright law as a system of…

The Beginnings Of The One Big Beautiful Bill Act: Placing The 2017 Tax Cuts And Jobs Act In Historical Perspective

Amanda Borwegen & Ajay K. Mehrotra

J.D. 2025, Northwestern Pritzker School of Law; B.A. 2019, Washington & Jefferson College. Stanford Clinton Sr. and Zylpha Kilbride Clinton Research Professor of Law, Northwestern Pritzker School of Law; Affiliated Professor of History, Northwestern University; and Research Professor, American Bar Foundation. An earlier version of this essay was presented at the 2025 American Association of Law School Conference. We thank the participants at that conference for their useful feedback, and to those colleagues and friends who reviewed and discussed drafts of this essay including Jennifer Bird-Pollan, Ari Glogower, Christopher Hanna, Andy Koppelman, Philip Postlewaite, Samy Abdelsalam, and Maggie Amen. We are grateful to Noah Taran for excellent research assistance, and to Jeena Patel and the staff of the Cornell Law Review for their assistance. All errors, of course, remain our own.

On July 4, 2025, President Donald J. Trump signed into law the One Big Beautiful Bill Act (OBBBA). This new law was built on the foundations of its immediate predecessor, the 2017 Tax Cuts and Jobs Act (TCJA). This Essay examines the historical roots and contemporary implications of these two laws. It argues that both…

Volume 111

Issue 1

Birthright Citizenship and the Dunning School of Unoriginal Meanings - Jul 2025

The Federal Rules of Climate Change - Jul 2025

Volume 110

Issue 1

The “Section 122 Revolution” in Delaware Corporate Law and What to Do About It - Feb 2025

Treating the Administrative as Law: Responding to the “Judicial Aggrandizement” Critique - Dec 2024

Volume 109

Issue 1

New Vision, Old Model: How the FTC Exaggerated Harms When Rejecting Business Justifications for Noncompetes - Jun 2024

A Common Law for the Age of Amici: How the Party-Presentation Principle Can Help Identify Binding Precedent - May 2024

Volume 108

Issue 1

The Expansive ‘Sensitive Places’ Doctrine: The Limited Right to ‘Keep and Bear’ Arms Outside the Home - Jan 2024

Historical Appendix to “The Expansive ‘Sensitive Places’ Doctrine: The Limited Right to ‘Keep and Bear’ Arms Outside the Home” - Jan 2024

How Did A Rogue 2011 IRS Instruction Produce A Nonsensical and Punitive AMT Investment Interest Expense Deduction Computational Formula and Nobody Knows It? - Dec 2023

The War on Terror & Vigilante Federalism - Oct 2023

Substance and Form in Vigilante Federalism - Oct 2023

Judicial Process and Vigilante Federalism - Oct 2023

Truth, Reason, Justice, and Evidence Law - Oct 2023

Incentive-Compatible Inflation Policy - Jul 2023

Property in Wolves - Jun 2023

The Leadership Limitation on Persecutors and Terrorist Organizations - May 2023

Antitrust Remedies for Fissured Work - Mar 2023

Weaponizing Code Enforcement - Feb 2023

An Alternative to Zombieing: Lawfare Between Russian and Ukraine and the Future of International Law - Jan 2023

Volume 107

Issue 4

Responses to Perceptions of Justice in Multidistrict Litigation: Voices from the Crowd

Anecdotes Versus Data in the Search for Truth About Multidistrict Litigation - Jan 2023

Data Versus More Data in Multidistrict Litigation - Jan 2023

Essays

Cornell Law Review, Volume 112 - Sep 2026

Campbell At 30: A Retrospective Appreciation - Sep 2026

The Coming Health Insurance Transition - Sep 2026

A Matter of More Worth: An Intent-Based Approach to Failed Tenancies by the Entirety - Sep 2026

Censorship as Segregation: Book Bans and the Return of “Separate But Equal” - Sep 2026

Challenging Multigenerational Punishment - Jul 2026

Military Sexual Trauma Survivors’ Second Battle - Jul 2026

Damage Award Taxation And Distributive Justice - Jul 2026

Post-Jarkesy Administrative Jury In NLRB - Jul 2026

Hold The Whistle, Start Training: Circumventing Distortion Of Sarbanes-Oxley Whistleblower Protections Through Common-Sense Employee Education - Jul 2026

Turning Over New Leaves: Achieving Equity Through Cannabis Licensure Reform In New York - Jul 2026

Unconstitutional But Not Unconstitutional Enough - Jul 2026

Shadow Forensics: Uncovering 911 Call Analysis - Jul 2026

The Public Franchise Tradition as a Limit on Patent Takings - Jul 2026

A First Amendment Right to Know - May 2026

An Empirical Examination of the Dangerous Patient Exception - May 2026

The Difference a Year Makes: The Admissibility of Expert Opinion Testimony Under the 2023 Amendment - May 2026

#Landback to Indigenous Peoples from “Land-Grab” Universities - May 2026

Mass-Tort Trusts and the Faustian Bargain - May 2026

Phase II: Managing the Remedial Phase in Aggregate Litigation - May 2026

The Alchemist’s Inversion - May 2026

Zombie Litigation: Claim Aggregation, Litigant Autonomy, and Funders’ Intermeddling - May 2026

The Ordinary and Extraordinary in Mass Tort Litigation - May 2026

MDL Strikes Back - May 2026

Her Fundamental Right To Procreate: The Unconstitutionality Of Abortion Bans - Mar 2026

A Call To Eradicate The Reid Technique: An Alternative To Deceptive Interrogations - Mar 2026

The Public/Private Home - Mar 2026

A Critical Analysis Of Rap Shield Laws - Mar 2026

Formulating Public Pharma - Mar 2026

Copyright’s Invisible Hand: Subsidizing America’s Cultural Institutions - Feb 2026

Issue 3

Essays

“Shake the Hand that Feeds You”: Creating Custom Food Safety Certifications for Farm to School Programs - Aug 2022

Harming Competition and Consumers Under the Guise of Protecting Privacy: An Analysis of Apple’s iOS 14 Policy Updates - Jul 2022

Issue 2

Essays

Issue 1

Essays

Mitigating the PSLF Disaster: Building a Borrower-Friendly Student Loan Forgiveness Program - Nov 2021

Do Reason-Based Abortion Bans Prevent Eugenics? - Oct 2021

Volume 106

Issue 3

COVID, Sex Discrimination, and Medical Research - Apr 2021

Unequal Representation: Women in Clinical Research - Apr 2021

Issue 2

Essays