Category: Archives
Challenging Multigenerational Punishment
Naoka Carey
Acting Assistant Professor of Law, New York University School of Law. JD, New York University. PhD, Boston College Lynch School of Education & Human Development.
Many thanks to Rebekah Levine Coley, Lael Hiam Chester, Randy Hertz, Martin Guggenheim, Perry Moriearty, Rachel Rosenbloom, and Ryan Sakoda for helpful comments on earlier drafts, as well as participants in the Northeastern School of Law Junior Scholars Conference. Thank you also to my research assistant at Boston College, Jacob Lensen, and the editors at the Cornell Law Review, who provided excellent editorial assistance. All errors are my own.
Any views expressed are those of the author and not those of the U.S. Census Bureau. The Census Bureau has reviewed this data product to ensure appropriate access, use, and disclosure avoidance protection of the confidential source data used to produce this product. This research was performed at a Federal Statistical Research Data Center under FSRDC Project Number 2931 (CBDRB-FY24-P2931-R11936 and R12112).
This Article presents novel empirical research showing that one in seven U.S. children have had a household member prosecuted by the state in the last ve years. Using unique data derived from millions of administrative and Census survey records from multiple states and decades, I show that for an estimated eleven million U.S. children each…
Jul 2026
Military Sexual Trauma Survivors’ Second Battle
Eleanor T. Morales
Assistant Clinical Professor of Law at Wake Forest University School of Law.
The author has had the honor of representing several Military Sexual Trauma survivors in her capacity as Director of the Veterans Legal Clinic at Wake Law. This Article is dedicated to those clinic clients. I am incredibly grateful to Alyse Bertenthal, John W. Brooker, Meghan Brooks, Yelena Duterte, Elizabeth G. Kubala, Dana Montalto, Rebecca Morrow, Sidney A. Shapiro, and Ronald Wright for their thoughtful feedback. Many thanks to Emily Norris for excellent research assistance.
Service members face an increased risk of sexual assault and harassment in the U.S. military when compared to American civilian society. Yet, Congress recently dialed back its efforts to help military sexual trauma (MST) survivors. Congress cut access to Department of Veterans Affairs (VA) health care for a subset of MST survivors—those who receive bad…
Jul 2026
Damage Award Taxation And Distributive Justice
Manoj Viswanathan
Joseph W. Cotchett ‘64 Professor of Law and Co-Director, Center on Tax Law, University of California College of the Law, San Francisco (formerly UC Hastings).
I am grateful to Benjamin Alarie, Lisa Chen, Michael Doran, Heather Field, David Gamage, Angie Gius, Brant Hellwig, David Levine, Dave Owen, Gregg Polsky, Sam Rosloff, Doug Stevick, Holden Taaffe, Larry Zelenak, and participants in workshops at the University of Toronto, UC Law San Francisco, Duke University, and the University of Virginia for their helpful feedback on earlier drafts. Special thanks are owed to Francis Shih for his truly outstanding research assistance.
Damage awards are often intended to make plaintiffs whole, yet their tax treatment often undermines this goal. Plaintiffs frequently face unfavorable tax consequences that reduce the net value of their awards, leaving them worse off relative to the position they would have occupied absent the defendant’s wrongful conduct. Despite their significant impact, the tax costs…
Jul 2026
Post-Jarkesy Administrative Jury In NLRB
Heeseung Noh
J.D. Candidate, Cornell Law School, 2026.
Many thanks to Michael T. Anderson for inspiring me to look for solutions to the current predicament of labor law in legal history, to Professors Angela Cornell and Jed Stiglitz for providing a strong foundation for this research, to the Cornell Law Review editors for their patience, and to Gabrielle for unwavering support.
The 2023–2024 Supreme Court term marks a watershed moment in American administrative law. In a trilogy of pivotal rulings—Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the Federal Reserve System, and SEC v. Jarkesy—the Court decisively curtailed longstanding doctrinal foundations supporting agency autonomy. While Loper Bright garnered national attention for…
Jul 2026
Hold The Whistle, Start Training: Circumventing Distortion Of Sarbanes-Oxley Whistleblower Protections Through Common-Sense Employee Education
Brendan W. Klein
J.D., Cornell Law School, 2026; B.S. in Industrial and Labor Relations, Cornell University, 2023.
The author expresses his gratitude to John Crain, whose encouragement and mentorship inspired this Note. The author also thanks Professor Stewart J. Schwab for his feedback, and the editors at the Cornell Law Review for their diligence and hard work in bringing this Note to completion.
Section 806 of the Sarbanes-Oxley Act protects employees of publicly traded companies from retaliation by their employers for reporting conduct that they reasonably believe constitutes shareholder fraud or a violation of U.S. securities law. This protection empowers employees with knowledge of past, ongoing, or likely future fraud to “blow the whistle” by sharing that information…
Jul 2026
Turning Over New Leaves: Achieving Equity Through Cannabis Licensure Reform In New York
Frederick B. Jackson
J.D., Cornell Law School, 2026; B.A., Hobart and William Smith Colleges, 2024; Online Editor, Cornell Law Review Vol. 111.
The author would like to thank Professor Leslie Danks Burke for her helpful feedback and the editors of Cornell Law Review for lending their talents to this Note. The author would also like to thank Joel and Sarah Jackson for their unwavering support throughout this process.
New York’s Marihuana Regulation and Taxation Act (MRTA) promised an equity-centered model of cannabis legalization, but its Social and Economic Equity (SEE) and priority licensing programs have fallen far short of their goals. This Note argues that low licensing rates, predatory financing structures, pervasive illicit markets, and severe rollout delays have undermined justice-involved entrepreneurs and…
Jul 2026
Unconstitutional But Not Unconstitutional Enough
Katherine Steefel
Incoming Associate Professor of Law, University of Kansas School of Law (Fall 2026).
I am grateful to Alan Chen, Kevin M. Clermont, Nancy Leong, Seth Packrone, Judge Roberto Ramírez, and the participants of the University of Denver Sturm College of Law 2025 Summer Scholarship Workshop for their helpful comments and feedback. This Article benefited from excellent research and citation support from Claire Johnson, Avery Landt, Aili Miyake, Lauren Rowell, and Jeremy Werner. Finally, I would like to thank the editors of the Cornell Law Review for their careful editing.
When one imagines a judge deciding whether a statute violates the U.S. Constitution, the natural question that comes to mind is whether the statute violates the constitutional doctrine raised. And that is precisely what the U.S. Supreme Court considers. But—as this Article demonstrates in an original fifty-state survey—this approach is far from universal. In forty-four…
Jul 2026
Shadow Forensics: Uncovering 911 Call Analysis
Christopher Lau
Clinical Associate Professor, Co-Director, Wisconsin Innocence Project, University of Wisconsin Law School. 2026 Scholarly Papers Competition Finalist.
For feedback and engagement, thank you to Valena Beety, Teneille Brown, Edward Cheng, Catherine Crump, Eve Hanan, Daniel Harawa, Randy Hertz, Alexis Hoag-Fordjour, Nathan Rouse, Maneka Sinha, Sonja Starr, and Lisa Washington. Thank you as well to workshop organizers and participants of CrimFest, Decarceration Law Professors Workshop, N.Y.U. Clinical Law Review Writers’ Workshop, Chicagoland Junior Scholars Conference, and Vanderbilt University’s Evidence Summer Workshop. For excellent research assistance, thank you to Ismail El-Hassan, Demetri Sweat, and Grace Woo.
Junk forensics have played a central role in wrongful convictions. From bitemark evidence to hair microscopy, from arson investigation to toolmark comparison, courts have repeatedly allowed testimony about techniques and methodologies that have no basis in reliable science. The result has been hundreds of exonerations, and likely thousands more wrongful convictions. One of the newest…
Jul 2026
The Public Franchise Tradition as a Limit on Patent Takings
Laura E. Dolbow.
Associate Professor of Law, University of Colorado Law School.
Thanks to David Abrams, Jonas Anderson, Tom Baker, Fred Bloom, Cary Coglianese, Jorge Contreras, Sarah Fox, Tim Holbrook, Mark Janis, Amy Kapczynski, Mark Lemley, Chris Morten, Kali Murray, Tejas Narechania, Dave Owen, Ben Sirolly, Mike Pappas, Eloise Pasachoff, Arti Rai, Blake Reid, Jason Reinecke, Rachel Sachs, Chris Serkin, Sean Seymore, Ganesh Sitaraman, Harry Surden, Polk Wagner, Melissa Wasserman, and Christopher Yoo and to participants in the ABA Administrative Law Spring 2024 Conference, the Penn Carey Law Ad Hoc Workshop, the Marquette Junior Scholars Works-in-Progress Workshop, the NPU Workshop, the Power in the Administrative State Workshop, the Rocky Mountain IP Workshop, the Colorado Law Works-in-Progress Workshop, and the 2025 Intellectual Property Scholars Law Conference for helpful comments and conversations. Thanks to Amanda Donoghue and Tori Hawekotte for excellent research assistance.
A longstanding debate exists over whether patents are forms of “private property” that the Takings Clause protects. Recently, in a different context, the Supreme Court stated that a patent is a specific form of property: a public franchise. Several scholars have argued that the public franchise characterization means patents are not protected by the Takings…
Jul 2026
A First Amendment Right to Know
David S. Ardia
Reef C. Ivey II Excellence Fund Term Professor of Law, University of North Carolina School of Law, and Faculty Co-Director, UNC Center for Media Law and Policy. Thanks to Margaret Kwoka, Bill Marshall, Mary-Rose Papandrea, and participants at the UNC Faculty Scholarship Workshop for helpful comments and discussion. Thank you also to Amy Price, Blythe Riggan, Kloee Sander Placke, and Kalysta Strauss for their research assistance.
This Article tackles an increasingly important question: Can police round up people on American streets and keep secret the names of those they detain without violating the First Amendment? Alarmingly, the government made this very argument in the summer of 2020 when it sought to break up Black Lives Matter protests occurring in cities across…
May 2026
An Empirical Examination of the Dangerous Patient Exception
Griffin Edwards, Samuel Landes & Stephen Rushin
Griffin Edwards is a Professor at the Collat School of Business at the University of Alabama, Birmingham. Edwards holds a Ph.D. from Emory University. Samuel Landes is a partner at Flannery | Georgalis, LLC. Landes holds a J.D. from The Ohio State University. Stephen Rushin is the Judge Hubert Louis Will Professor of Law and the Associate Dean of Faculty Research and Development at Loyola University Chicago. Rushin holds a J.D. and Ph.D. from the University of California, Berkeley. Thanks to those who have provided comments on earlier versions of this Article, including Jeannine Bell, John Breen, Samuel Brunson, Ramsey Donnell, Cynthia Ho, Margaret Moses, Nadia Sawicki, Jonathan Sheffield, and Arti Walker-Peddakotla.
This Article empirically examines the effect of the dangerous patient exception to the psychotherapist-patient evidentiary privilege. The U.S. Supreme Court first recognized the psychotherapist-patient privilege in Jaffee v. Redmond. This evidentiary privilege prevents mental health professionals from testifying about confidential statements made by patients for the purposes of treatment. Since Jaffee, federal circuit courts have…
May 2026
The Difference a Year Makes: The Admissibility of Expert Opinion Testimony Under the 2023 Amendment
Daniel J. Capra & Liesa L. Richter
Philip Reed Professor of Law, Fordham Law School. Reporter to the Judicial Conference Advisory Committee on Evidence Rules. All views expressed in this Article are those of the authors individually and do not represent the official views of the Advisory Committee on Evidence Rules. Our sincere thanks to Jessica Goldman, J.D. Fordham Law School 2025, for her invaluable research assistance.
George Lynn Cross Research Professor, Floyd & Martha Norris Chair in Law, University of Oklahoma College of Law. Academic Consultant to the Judicial Conference Advisory Committee on Evidence Rules.
Rule 702 of the Federal Rules of Evidence governs the admissibility of expert opinion testimony in federal court. Indeed, the admissibility of expert opinion testimony is a key driver of the outcome in a multitude of criminal and civil proceedings. In the absence of admissible DNA or fingerprint evidence, a prosecutor may make an attractive…
May 2026
#Landback to Indigenous Peoples from “Land-Grab” Universities
Melissa Fergusson
J.D., Cornell Law School, 2026; M.P.P., University of Virginia, 2017; B.A. Foreign Affairs, University of Virginia, 2016. Special thanks to Professor Robert Odawi Porter and Professor Laura Underkuffler for your helpful review and feedback on this Note. Thank you to Dr. Robert Lee for your foundational research tracing and quantifying the economic value of the Morrill Act land parcels. Finally, thank you to the Cornell Law Review Notes Office for your work in preparing this Note for publication.
The Morrill Land Grant Act of 1862 (Morrill Act) was the first federal legislation to fund public higher education in the United States, funding fifty-two land-grant universities (LGUs) that still exist today. While the purpose of the Act was to “democratiz[e] . . . education” focusing on the study of agriculture and mechanical arts, it…
May 2026
Mass-Tort Trusts and the Faustian Bargain
Suneal Bedi & Samir D. Parikh
Associate Professor of Business Law & Ethics, Jerome Bess Faculty Fellow, Kelley School of Business, Indiana University. Ishani Sachdeva provided excellent research assistance.
Professor of Law, Wake Forest School of Law. For helpful comments and conversations, I am grateful to Ronit Berkovich, Judge Shelley Chapman (ret.), Judge Robert Drain (ret.), Eric Green, Laura Davis Jones, Jessica Lauria, and Judge James Peck. Davis Hayter, Mark Lee, and Austin Magleby provided excellent research assistance. As always, I thank my family for their unwavering support.
In bankruptcy, establishing a mass-tort trust is the final piece in structuring resolution of protracted aggregate litigation faced by a corporate debtor. As seen in cases like Purdue Pharma and Boy Scouts of America, the multibillion-dollar aggregate settlement figure captures all the headlines. But the trust distribution provisions—which actually provide the details of how individual…
May 2026
Phase II: Managing the Remedial Phase in Aggregate Litigation
Alexandra D. Lahav
Anthony W. and Lulu C. Wang Professor, Cornell Law School. Conflicts of interest disclosure: The author has been a paid expert on how to approach Phase II in litigation. Many thanks to the editors of the Cornell Law Review and to Tom Baker, David Hoffman, Brian Fitzpatrick, Joe Sellers and participants in the University of Pennsylvania and Vanderbilt University law school workshops for excellent comments that helped improve this Article.
This Article proposes nine methods for dealing with the damages phase in a mass tort or mass accident situation after an issue class action on liability has been certified and plaintiff has prevailed on liability in Phase I or once a case has been filed in a bankruptcy court and needs to be valued. Courts,…
May 2026
The Alchemist’s Inversion
Samir D. Parikh
Professor of Law, Wake Forest University School of Law. For helpful comments and conversations, I am grateful to John Abegg, Suneal Bedi, John Beisner, Andrew Bradt, Elizabeth Cabraser, Sergio Campos, Zachary Clopton, Alex Dahl, Hon. Robert Drain, Nora Freeman Engstrom, Page Faulk, Peter Gardner, Maria Glover, Jason Joy, Alexi Lahav, Jessica Lauria, Matt Linder, Jim Murdica, Edward Neiger, Leigh O’Dell, Billy Organek, Robert Rasmussen, Teddy Rave, Chris Seeger, Emily Siegel, Brennan Torregrossa, Chaz Vandemotter, Anupama Yerramalli, and participants at the Duke-UNC-UVA-Wake Forest Business Law Colloquium and the Law & Economics Center’s Third Party Litigation Research Roundtable. I thank my family for their unwavering support.
Litigation finance makes the world go round. The capital financiers provide is the lifeblood for plaintiffs’ firms and individual claimants attempting to run the litigation gauntlet in high-stakes battles with wealthy corporate entities. Third-party litigation funding in general litigation is well documented and frequently discussed. But the role financiers play and the dynamics they create…
May 2026
Zombie Litigation: Claim Aggregation, Litigant Autonomy, and Funders’ Intermeddling
Maya Steinitz
Professor of Law and R. Gordon Butler Scholar in International Law at Boston University Law School. I thank Nora Freeman Engstrom, Brian Fitzpatrick, Nancy Moore, Jessica Silbey, Chris Robertson, Mike Maurer, Nathan Miller, Abigail Field, and the participants of Boston University School of Law’s faculty workshop for their comments. I am also grateful to Ryan Reimers and Robert Madden for their research assistance. The Author occasionally serves in litigation finance matters as an expert witness or consultant to plaintiffs, defendants, litigation funding firms, law firms, and investors.
The main debate surrounding litigation funding in recent years has focused on the question of disclosure of funding agreements. While the issue is important, predominantly because of its effects on the course and outcome of individual cases, far more important are bigger, interrelated questions that have systemic effects on the civil justice system, the legal…
May 2026
The Ordinary and Extraordinary in Mass Tort Litigation
Andrew D. Bradt & Sergio J. Campos
Shannon Cecil Turner Professor of Jurisprudence, University of California, Berkeley, School of Law. Email: abradt@law.berkeley.edu. Phone: (510) 664-4984.
Professor of Law, Boston College Law School. Email: sergio.campos@bc.edu. Phone: (617) 552-4387. The authors would like to thank Abbe Gluck, Alexi Lahav, Samir Parikh, Adam Zimmerman, and the participants at a summer workshop at Boston College Law School for their comments. Emma McMillan and Chloe Heller provided excellent research assistance. All errors are our own.
Mass torts have inspired a number of innovative procedural approaches. They include creative uses of class actions, multidistrict litigation (“MDL”) and, more recently, the bankruptcy system. These procedural innovations have been challenged as a “revolution” that departs from “traditional litigation goals,” particularly our “deep-rooted tradition” of one having their “day in court.” In this Essay,…
May 2026
MDL Strikes Back
Andrew D. Bradt, Zachary D. Clopton & D. Theodore Rave
Bradt is the Shannon Cecil Turner Professor of Jurisprudence at University of California Berkeley School of Law, Clopton is the Daniel Hale Williams Professor of Law at Northwestern University School of Law, and Rave is the Bernard J. Ward Centennial Professor of Law at the University of Texas School of Law. Thanks to Bruce Markel, Troy McKenzie, and David Molton for helpful conversations. Madeline Love and Jackson Roberg provided excellent research assistance.
One of the crucial insights of the judges responsible for the Multidistrict Litigation Act was that no one could opt out. Indeed, the whole idea of MDL is that everyone is stuck there, required to participate in pretrial proceedings until the litigation is resolved or the Judicial Panel on Multidistrict Litigation (JPML) decides it’s time…
May 2026
Her Fundamental Right To Procreate: The Unconstitutionality Of Abortion Bans
Yasmine Leila Kasra
J.D., Cornell Law School, 2026; B.A., Government, Cornell University, 2022. I would like to extend my gratitude to Professor Nelson Tebbe for the generosity of his time and guidance, along with the Cornell Law Review editors for assisting in the publication of this Note. Most importantly, I would like to thank my mother and father for teaching me to have courage in my convictions and speak loudly against injustice. I hope this Note does just that.
As she was wheeled into surgery, Amber Thurman said to her mother, “Promise me you’ll take care of my son.” She was suffering a rare complication from the abortion pill that she was legally prescribed at nine weeks of pregnancy. Not all of the fetal tissue had been expelled, and, as a result, she needed…
Mar 2026
A Call To Eradicate The Reid Technique: An Alternative To Deceptive Interrogations
Marieya E. Jagroop
J.D., Cornell Law School, 2026; B.A., Political Science, Macaulay Honors College at CUNY John Jay College of Criminal Justice, 2023. Thank you to the editors of Cornell Law Review for their suggestions and edits. This Note is dedicated to the innocent who were pressured to confess and to those working to make sure it never happens again. To truth, fairness, and the hope of a better future.
The use of manipulative interrogation techniques by police officers in the United States, specifically the Reid Interrogation Technique, is like a psychological tsunami. The steam-rolling effect of utilizing intense pressure and police deception to intimidate suspects into confessing to crimes has resulted in false confessions and wrongful convictions, which disparately impact the Black community, youth,…
Mar 2026
The Public/Private Home
Clare Ryan
Associate Professor of Law, University of Alabama School of Law. My deepest thanks to the participants in the 2023 and 2024 Family Law Scholars and Teachers Conferences, the 2024 West Coast Gender, Sexuality, and the Law Conference, the 2024 Law & Society Association Annual Meeting, the Northeastern University School of Law faculty colloquium, the Yale Law School PhD in Law 10th Anniversary conference, and the 2024 Junior/Senior Faculty workshop, as well as to my wonderful colleagues at the University of Alabama School of Law for their insights. I am also grateful to my excellent research assistants, Margaret-Anne Stewart, Sydney Hardern, and Bailey Ruhm for their hard work. My thanks to the editors of Cornell Law Review.
Families today are more private and more public than traditional family law doctrine ever envisioned. This Article reveals how many elements of family life, which the law often assumes will occur in public—work, school, social life—have moved into the private sphere of the home. While at the same time, private family life has become increasingly…
Mar 2026
A Critical Analysis Of Rap Shield Laws
Alexa Perez
Assistant Professor of Law at Drake University Law School.
Many thanks to Andrea Dennis, Laura Appleman, Erin Sheley, Danielle Shelton, Anthony Gaughan, Andrew Jurs, Mark Kende, Joseph Schomberg, and the participants at the 2024 Evidence Summer Workshop at Vanderbilt Law School and the 2024 Women in Law Teaching Works-in-Progress Workshop at the University of Minnesota Law School for helpful comments and suggestions. For research support, many thanks to Rachel Rozendaal, Michael Blankenship, and the Drake University Law School Library, particularly Karen Wallace, Lexi Brennan, Rebecca Lutkenhaus, and David Hanson. Thanks also to the editors of the Cornell Law Review for their excellent editing and professionalism.
For years, scholars have been sounding the alarm on “rap on trial,” or the use of rap as evidence in criminal proceedings, pointing out that the fundamental characteristics of rap music make it uniquely susceptible to misinterpretation and prejudice. Scholars have also cautioned that rap on trial has the potential to chill artistic expression in…
Mar 2026
Formulating Public Pharma
Shweta Kumar
Assistant Professor of Law, University of Kentucky J. David Rosenberg College of Law. I am very grateful to Christopher Morten, John F. Duffy, Joshua Sarnoff, Sapna Kumar, George Horvath, Anya Prince, Larry Solum, Amanda Levendowski, Omolara Bewaji Joseney, Sarah Dorman, Regina Wang, Ashlynn Kendzior, and Sophia Tan for their incredible expertise and insights on this paper. Thank you to the scholars and organizers at the Wiet Life Science Law Scholars Workshop, ASMLE Health Law Professors Conference, Intellectual Property Scholars Conference, and Mid-Atlantic Clinicians Writing Workshop who provided valuable suggestions and helped me workshop this paper.
In 2022, prices for both brand-name and generic drugs in the United States were nearly three times as high as prices in comparably industrialized nations, with the cost of insulin products in particular being nearly ten times as high. As a result, three out of ten American adults cannot afford to take their medication as…
Mar 2026
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…
Feb 2026
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…
Feb 2026
Moving Forward from Brackeen and Solutions for the Greater Efficacy of the Indian Child Welfare Act
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…
Jan 2026
The Unpropertied Internet
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…
Jan 2026
Proportional Possession
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….
Jan 2026