Category: Issue 1
Article
Is Unpublished Unequal? An Empirical Examination of the 87% Nonpublication Rate in Federal Appeals
Rachel Brown, Jade Ford, Sahrula Kubie, Katrin Marquez, Bennett Ostdiek & Abbe R. Gluck, Yale Law School Class of 2020
Federal judges resolved more than eighty-seven percent of appeals through unpublished opinions over the past five years. These dispositions are non-precedential and typically contain abbreviated reasoning. Such high rates of nonpublication may be difficult to reconcile with the core values of the federal judiciary—values grounded in precedent, reason-giving, and equal treatment. After intense attention to…
Apr 2022
Article
When Patients Are Their Own Doctors: Roe v. Wade in an Era of Self-Managed Care
Yvonne Lindgren, Associate Professor of Law, University of Missouri-Kansas City. J.S.D, LL.M., U.C. Berkeley School of Law; J.D., Hastings College of Law; B.A., U.C.L.A.
It is a critical time to re-examine the gatekeeper framing of the abortion right considering the dramatic conservative shift in the Supreme Court that threatens Roe, and in the midst of a pandemic, which—in a complete reversal of the Roe period—renders in-person care by a provider potentially dangerous. In January, the Supreme Court’s first abortion…
Apr 2022
Article
Protecting Dissent: The Freedom of Peaceful Assembly, Civil Disobedience, and Partial First Amendment Protection
Nick Robinson & Elly Page, Senior Legal Advisors at the International Center for Not-for-Profit Law
Protesters in the United States frequently engage in peaceful unlawful conduct, or civil disobedience, such as blocking traffic or trespass. Often citing to the First Amendment, authorities will routinely decline to arrest or prosecute this nonviolent conduct or do so for lesser offenses than they could. This treatment, though, can vary considerably by location, issue,…
Apr 2022
Note
Independence in the Interregnum: Delayed Presidential Transitions and the GSA Administrator’s Ascertainment Under the Presidential Transition Act of 1963
Christopher D. Johnson, Cornell Law Class of 2021; Articles Editor, Cornell Law Review, Volume 106
If presidential transitions are so important, should a political appointee whose performance is subject to the control and direction of the outgoing President have virtually unfettered discretion to determine whether they have the resources they need to succeed? This Note answers that question in thenegative. It argues that the ascertainment the PTA assigns to the…
Apr 2022
Note
Stealing From the Poor: Regulating Robinhood’s Exchange-Traded Options for Retails Investors
Chris Mao, J.D. Candidate, Cornell Law School Class of 2022
During the height of the COVID-19 pandemic, Robinhood, a brokerage-free stock trading app, saw a meteoric rise in account holders, with Americans seeking new income streams during times of economic hardship, unemployment, and, at times, sheer boredom. The ensuing trading activity significantly impacted the country’s stock market—a result of not only Robinhood’s three million new…
Apr 2022
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