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Category: Current CLR Print Vol.

Article

Amazon as a Seller of Marketplace Goods Under Article 2

Tanya J. Monestier, Professor of Law, University at Buffalo School of Law

You have probably purchased goods on Amazon. Did you know that if the goods you purchased on Amazon turn out to be defective and cause serious personal injury, Amazon is probably not liable for them? Did you know that even though you placed an order on Amazon, gave payment to Amazon, and received the goods…

Jun 2022

Article

Medication Abortion Exceptionalism

Greer Donley, Assistant Professor at the University of Pittsburgh Law School

Though state laws dominate the abortion debate, there is a federal abortion policy that significantly curtails access to early abortion in all fifty states. The policy, known as a Risk Evaluation and Mitigation Strategy (REMS), limits the distribution of mifepristone, the only drug approved to terminate a pregnancy so long as it is within the…

Jun 2022

Note

The Death of Presumptive Unconditional Release: Evaluating the Developing Standards for Early Release in the International Residual Mechanism for Criminal Tribunals

Gabriela Markolovic

Since the birth of international criminal courts and tribunals, persons convicted of international crimes have long enjoyed a presumption of early release after serving two-thirds of their sentence. This presumption, however, is dying: concerns for post-conflict regional stability and evolving notions of rehabilitation in the international context have refashioned the law of early release, resulting…

Jun 2022

Note

Challenging Guilt by Association: Rethinking Youths’ First Amendment Right to Associate and Their Protection from Gang Databases

Victor M. Flores

The purpose of this Note is to help rethink how to better protect minors and emerging adults from the long-standing threat of gang policing and databases. This Note applies the First Amendment right to associate to challenge gang policing in New York as an example of potential challenges to gang policing in other jurisdictions. However,…

Jun 2022

Article

Unequal Investment: A Regulatory Case Study

Emily Winston, Assistant Professor, University of South Carolina School of Law

Growing economic inequality in the United States has reduced social mobility, placing financial security farther out of reach for a growing number of Americans. During the COVID19 pandemic, U.S. stock prices have grown simultaneously with unemployment and food insecurity, highlighting the fact that prosperity is unequally distributed in the U.S. economy. Many Americans do not…

Jun 2022

Article

Jurisdictional Elements and the Jury

G. Alexander Nunn, Assistant Professor of Law, University of Arkansas School of Law

Do jurisdictional elements in criminal statutes actually matter? Of course, formally, the answer is obvious; jurisdictional elements are of paramount importance. In fact, they often serve as the entire justifying basis for a federal (rather than state) criminal prosecution. But beyond mere technicalities, do jurisdictional elements actually make a difference in a jury deliberation room?…

Apr 2022

Article

Systematically Important Platforms

Caleb N. Griffin, Assistant Professor, University of Arkansas School of Law

Regulating Big Tech is now a matter of intense public debate. We ask how well Big Tech companies fulfill their role as gatekeepers of the public square. We ponder whether their dominant market positions merit an antitrust response. We assess their culpability and complicity in spreading online misinformation and hate. However, in the many normative…

Apr 2022

Article

Deregulated Redistricting

Travis Crum, Associate Professor of Law, Washington University in St. Louis

From the civil rights movement through the Obama administration, each successive redistricting cycle involved ever greater regulation of the mapmaking process. But in the past decade, the Supreme Court has rewritten the ground rules for redistricting. For the first time in fifty years, Southern States will redistrict free of the pre clearance process that long…

Apr 2022

Note

Policing the Police Under 42 U.S.C. § 1983: Rethinking Monell to Impose Municipal Liability on the Basis of Respondeat Superior

Jordyn Manly, J.D. Candidate, Cornell Law School, 2022

The callous murders of George Floyd and Breonna Taylor at the hands of police in 2020 sparked nationwide protests surrounding racial injustice and ignited calls to “defund thepolice.” But while technological advances have led to a rise in highly publicized instances of such injustices, police brutality and misconduct are not novel concepts. Indeed, police misconduct…

Apr 2022

Note

America, Land of the Fee: A Constitutional Analysis of Federal Filing Fees

Marissa Smith, B.S., University of Texas at Austin, 2017; J.D., Cornell Law School, 2022

This Note will examine the Fee’s [the first hurdle for litigants taking their claims to federal court: the $402 fee charged at filing] impact on those of low-to-moderate income that are ineligible for IFP status. Further, this Note will look at the disproportionate impact the Fee has on racial minorities. This Note will then argue…

Apr 2022

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