Category: Current CLR Print Vol.
Article
Arousal by Algorithm
Amy Adler
Emily Kempin Professor of Law, NYU School of Law.
The problem of Big Tech has consumed recent legal scholarship and popular discourse. We are reckoning daily with the threats that digital speech platforms like Facebook, X (formerly known as Twitter), TikTok, and YouTube pose to our personal and political lives. Yet while this conversation is raging in discussions about the impact of technology on…
Aug 2024
Article
Article II and the Federal Reserve
Aditya Bamzai & Aaron L. Nielson
Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law, University of Virginia School of Law, Professor of Law, J. Reuben Clark Law School, Brigham Young University.
The Supreme Court has twice held since 2020 that statutory restrictions on the President’s removal power violate Article II of the U.S. Constitution. Because such removal restrictions create a measure of policy independence from the President, these cases have prompted discussion about the future of independent agencies generally, with special attention to the Federal Reserve…
Aug 2024
Article
Antitrust for Immigrants
Gregory Day
Associate Professor, University of Georgia Terry College of Business; Courtesy Appointment University of Georgia School of Law; Affliated Fellow, Yale Law School Information Society Project.
Immigrants and undocumented people have often encountered discrimination because they compete against “native” businesses and workers, resulting in protests, boycotts, and even violence intended to exclude immigrants from markets. Key to this story is government’s ability to discriminate as well: it is indeed common for state and federal actors to enact protectionist laws and regulations…
Aug 2024
Note
How the Mitigation Doctrine Produces Protections Against Workplace Discrimination
Richard A Gagliardi, III
J.D. Candidate, Cornell Law School, 2024; Ph.D. in Politics, Princeton University, 2021; A.B. in Economics and Political Science, Brown University, 2015; Online Editor, Cornell Law Review Vol. 109.
Employment discrimination weakens the American economy, contributes to inequality, and deprives individuals of career opportunities. Estimates place the annual cost of employment discrimination at over sixty-four billion dollars. Economic research further documents earnings differentials of more than thirty percent between members of different racial groups or genders. To combat employment discrimination, Congress enacted a series…
Aug 2024
Note
Neurosearches
Josh A. Roth
J.D. Candidate, Cornell Law School, 2024; Articles Editor, Cornell Law Review Vol. 109.
Neurotechnology is advancing exponentially, and the laws of data privacy and security cannot keep pace. Soon, governments will exploit this technology in criminal investigations with what this Note calls “neurosearches.” Scholars have argued against the compelled gathering of neurological evidence as a violation of the Fifth Amendment, likening it to testimony and thus barred as…
Aug 2024
Article
Perceptions of Justice in Multidistrict Litigation: Voices from the Crowd
Elizabeth Chamblee Burch, Fuller E. Callaway Chair of Law, University of Georgia School of Law & Margaret S. Williams, Adjunct Faculty, Johns Hopkins University
With all eyes on criminal justice reform, multidistrict litigation (MDL) has quietly reshaped civil justice, undermining fundamental tenets of due process, procedural justice, attorney ethics, and tort law along the way. In 2020, the MDL caseload tripled that of the federal criminal caseload, one out of every two cases filed in federal civil court was…
Nov 2022
Article
Remote Work and the Future of Disability Accommodations
Arlene S. Kanter, Laura J. and L. Douglas Meredith Professor of Teaching Excellence (2005–07), Syracuse University; Bond, Schoeneck and King Distinguished Professor of Law (2011–13); Director, Disability Law and Policy Program; Director, International Programs, Syracuse University College of Law
When the Americans with Disabilities Act was originally enacted in 1990, and later amended in 2008, technology had not yet advanced to where it is today. In the past decade, sophisticated computer applications and programs have become commonplace. These advances in technology, have enabled millions of employees to work from home since the onset of…
Nov 2022
Article
Discredited Data
Ngozi Okidegbe, Associate Professor of Law & Assistant Professor of Computing and Data Science, Boston University
Jurisdictions are increasingly employing pretrial algorithms as a solution to the racial and socioeconomic inequities in the bail system. But in practice, pretrial algorithms have reproduced the very inequities they were intended to correct. Scholars have diagnosed this problem as the biased data problem: pretrial algorithms generate racially and socioeconomically biased predictions because they are…
Nov 2022
Note
Websites, Wellness, and Winn-Dixie: Telehealth Accessibility During COVID-19 and Beyond
Peyton B. Brooks, J.D., Cornell Law School, 2023
During the COVID-19 pandemic, people with disabilities struggled to find proper access to health care. According to a report by the disability services organization Easterseals, approximately forty-six percent of those who had used Easterseals services lost access to health care between the beginning of the public health emergency in March 2020 and April 2021. Furthermore,…
Nov 2022
Note
Judicial Discretion Across Jurisdictions: McGirt’s Effects on Indian Offenders in Oklahoma
Emily N. Harwell, J.D., Cornell Law School, Class of 2022
Oklahoma’s exercise of criminal jurisdiction over crime committed on tribal reservations remained unchecked until 2020. In McGirt v. Oklahoma, the Supreme Court held that the Muscogee Creek Nation’s reservation had in fact never been disestablished and remains in existence today. In doing so, the Court restored criminal prosecution authority to tribal and federal courts. McGirt…
Nov 2022
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