Notes

Demanding Trust in the Private Genetic Data Market

Benjamin T. Van Meter

This Note argues that to prevent the most damaging consequences of the trade in genetic data, U.S. law should impose tailored fiduciary duties on private genetic testing companies to ensure that their business practices do not harm their own customers. These testing companies rely on their customers’ genetic information to turn a profit, while all of the risk of this information’s exposure or misuse falls on customers.

Jul 2020

International Cultural Heritage Law: The Link Between Cultural Nationalism, Internationalism, and the Concept of Cultural Genocide

Ashley Mullen

Part I of this Note will explain the theoretical underpinnings of what constitutes “cultural heritage,” why it deserves protection, and what obstacles stand in the way of protection. Part II will discuss the existing international legal framework aimed at protecting cultural heritage, as well as the flaws within that framework. Part III will analyze the…

Jul 2020

Closing the Racial Gap in Financial Services: Balancing Algorithmic Opportunity with Legal Limitations

 Julia F. Hollreiser

This Note will explore the potential for financial institutions to use fintech to address race-based financial inequality while also being attentive to the possibility that seemingly innocuous technologies can generate biased banking practices against minority communities. Part I of this Note will discuss the history of the inequitable distribution of wealth in the United States and race-based gaps in access to financial services and products. Part II will then identify various techniques that financial institutions have used to target minority consumers. It will discuss the legality of those techniques under existing regulations, statutes, and case law. Part III of this Note will describe the role that algorithms, big data, and artificial intelligence have come to play in credit assessment and lending decisions, focusing on the risks inherent in algorithmic decision-making and the potential for these decisions to generate racially discriminate results. Part IV will then explore the opportunity for algorithmic lending in fintech to close the racial gap in financial services while still operating within the broader legal landscape.

May 2020

Executive Privilege—With A Catch: How a Crime-Fraud Exception to Executive Privilege Would Facilitate Congressional Oversight of Executive Branch Malfeasance in Accordance with the Constitution’s Separation of Powers

Anthony W. Wassef

Part I of this Note will provide a brief history of executive privilege via an analysis of the key case law underlying the doctrine and discuss the core tenets of the privilege that dictate its use. Part II will describe the origins of Congress’s power to investigate and the current rules for overcoming executive privilege in that context. Part III will discuss how, in playing the three critical functions mentioned above, a crime-fraud exception would balance Congress’s interest in performing its oversight duties with the executive branch’s interest in confidentiality while simultaneously reducing instances of criminal or fraudulent conduct by the executive branch.

May 2020

Cornell Law Review, Issue 5

Cornell Law Review is proud to announce Vol. 105, Issue 5, with Articles, Essays, and Notes exploring Multidistrict Litigation as a Category; Why Has Antitrust Law Failed Workers?; Legitimate Interpretation—Or Legitimate Adjudication?; Chevron as Construction; International Cultural Heritage Law; and Demanding Trust in the Private Genetic Data Market. Thank you to our amazing authors for…

Sep 2020

Cornell Law Review, Issue 3

We are honored to announce Cornell Law Review’s Vol. 105, Issue 3, a symposium issue created after the Lynn Stout Memorial Conference, held in memory of Professor Lynn Stout. Professor Stout was a well-respected colleague and dear friend of the Cornell Law community, and the Cornell Law Review is proud to be a part of this memorial issue.

Aug 2020

Cornell Law Review, Issue 4

Cornell Law Review is proud to announce Vol. 105, Issue 4, with Articles and Essays exploring Tort as Private Administration; Justice Scalia’s Campaign Against Legislative History; Corporate Privacy; Product Liability Law; and Student Notes that explore the Racial Gap in Financial Services and a Crime-Fraud Exception to Executive Privilege. Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic.

Aug 2020

Professor Katyal’s Cornell Article is judged as best 2019 intellectual property law review article

Professor Sonia Katyal’s Article The Paradox of Source Code Secrecy was selected for inclusion in the 2020 edition of the Intellectual Property Law Review, an anthology published annually by Thomson Reuters (West). This article was originally published in 104 Cornell L. Rev. 1183 (2019). Abstract In Lear v. Adkins, the Supreme Court precipitously wrote, “federal…

Jul 2020

Two Cornell articles are selected as among the best 2019 corporate and securities articles in legal journals

Scholars in corporate and securities law were asked to select the best corporate and securities articles from a list of articles published in legal journals during 2019. The following Cornell Law Review articles will be included in the Corporate Practice Comment: Professors Asaf Eckstein and Gideon Parchomovsk’s Article Toward a Horizontal Fiduciary Duty in Corporate…

Jul 2020

Professor Michele Goodwin receives the John Hope Franklin Prize, Honorable Mention

Professor Michele Goodwin is honored to receive the John Hope Franklin Prize, Honorable Mention for her Article The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration, which was published in Cornell Law Review‘s Volume 104. This Article exposes how the institution of slavery persists in the American penal system. The article provides a robust historical…

Jul 2020

New York Bail Reform: A Quick Guide to Common Questions and Concerns

Emmanuel Hiram Arnaud & Beulah Sims-Agbabiaka

Jul 2020

The Soldier as an Autonomous Weapon

Or Bassok, Assistant Professor at the School of Law of the University of Nottingham

Jun 2020

Subject of a Death

Sherry Colb, C.S. Wong Professor of Law, Cornell Law School.

Jun 2020

Bad Effects: The Misuses of History in Box v. Planned Parenthood

Mary Ziegler, Stearns Weaver Miller Professor at Florida State University College of Law.

May 2020

Harnessing Law and Economics to Disincentivize Corporate Misbehavior

Zachary Henderson, Law Clerk, Seventh Circuit Court of Appeals

May 2020

Greatly Exaggerating Dualism’s Death: Neuroscience and U.S. Law

Joseph Avery, National Defense Science & Engineering Graduate Fellow at Princeton University

May 2020

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