Category: Issue 6
Note
“Are We There Yet?” No.: The Numbers That Support Adopting Automatic Appeals in Juvenile Delinquency Proceedings
Thomas G. Shannan, Cornell Law School’s Frank H.T. Rhodes 2021–2023 Public Interest Fellow, Citizens Concerned for Children, Inc.; J.D., Cornell Law School, 2021; B.S., Vanderbilt University, 2017.
The United States juvenile justice system is grossly inadequate on a national level. For over a century, juvenile courts in various forms have been heralded as benign mechanisms that offer an alternative for “troubled youth” who commit acts that would constitute crimes if committed by adults.11. See, e.g., Youth in the Justice System: An Overview,…
Nov 2021
Note
Bostock v. Clayton County: The Implications of a Binary Bias
A. Russell, J.D. Candidate 2022, Cornell Law School; B.A. in Theater, Film & Media Studies, and Gender & Sexuality Studies, Haverford College, 2014.
This Note focuses specifically on the implications of Bostock v. Clayton County for nonbinary people. Although part of the broader transgender community, nonbinary people do not directly enter into the Court’s analysis.11. Vin Gurrieri, Questions About ‘Nonbinary’ Bias Linger After LGBT Ruling, LAW 360 (June 19, 2020), https://www.law360.com/articles/1284955/questions-about-nonbinary-bias-linger-after-lgbt-ruling [https://perma.cc/CML7V9WD]. Indeed, the only mention of gender…
Nov 2021
Article
The State Courts Don’t Have Time for Your Crackpot Antiquarianism: A Decade of Domestic Homicides Since Giles V. California
Caren Myers Morrison, Associate Professor of Law, Georgia State University College of Law
How Giles v. California would affect domestic violence cases was hotly debated within the case itself and in the literature that followed. This article presents the first comprehensive review of the 114 domestic homicide cases since Giles in which there was an intimate relationship between the victim and the accused,11. The vast majority of the…
Nov 2021
Article
Elder Financial Abuse: Capacity Law and Economics
Ben Chen, Lecturer in Law (Assistant Professor equivalent), The University of Sydney
Elder financial abuse is an alarming problem in this era of aging population. Baby boomers are entering retirement with a higher life expectancy and more wealth than any generation before them. The combination of mental decline and substantial wealth renders many seniors vulnerable to overreach. In private suits alleging elder financial abuse, courts often apply…
Nov 2021
Article
Legal Corpus Linguistics and the Half-Empirical Attitude
Anya Bernstein, Professor of Law, SUNY Buffalo Law School
Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that…
Nov 2021
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