Cornell Law School Logo - white on transparent background

Category: Notes

Note

Eliminating the Common Law Limitations on Force Majeure Clauses

Ben Luo

J.D. Candidate, Cornell Law School 2024; B.A., University of California, Berkeley 2020. 

This Note will argue that as a matter of law, courts should not apply common law limitations when interpreting catch-all provisions in contractual force majeure clauses. Instead, to properly limit the potential all-encompassing scope of force majeure catch-alls, courts should rely on the more general principles of contract interpretation. Part I of this Note will…

Feb 2024

Note

Regulating Crisis Pregnancy Centers: the State Attorney General Perspective

 Yue Wu

 J.D., Cornell Law School, 2024; B.A., Carleton College, 2019. 

This Note will discuss state AGs’ role in addressing CPC regulations and in fighting questionable CPC practices. Part I introduces CPCs and their history, describes some of the earlier efforts in combating deceptive CPC practices, and summarizes the supreme Court’s NIFLA ruling that invalidated legislation designed to curb CPC harm. Part II grapples with the…

Jan 2024

Note

Port in a Storm: Colorado’s “Safe Harbor” Settlement as a Template for Online Lending Reform 

Zachary R. Hunt

J.D. Candidate, Cornell Law School, 2024. M.S. in Finance, University of South Florida, 2021. Senior Articles Editor, Cornell Law Review Vol. 109. 

Innovations in financial technology have enabled nonbank firms to market, originate, and service consumer loans entirely online via web-based lending platforms. These online lenders promote themselves as a faster, disintermediated alternative to traditional lending that leverages technology to provide borrowers with convenient and near-instantaneous access to a wider variety of credit products. Yet despite its…

Jan 2024

Note

Political Advertising on Free Streaming Sites: Conflicts with First Amendment and Exploring Viability of Regulation

Pilar Gonzalez Navarrine

J.D., Cornell Law School, 2024; B.A., Washington University in St. Louis, 2018.

When broadcast TV first became a staple in the American household, it probably seemed unlikely that fifty years later, its hold on the American public would lessen in favor of other types of media. However, for years now, users have relied on online news—whether websites, social media sites, or streaming sites—instead of cable and broadcast…

Jan 2024

Note

Waging War: Exercising the Right to Selfdefense in Disputed Territories

Merrick Black

B.A., Yale University, 2019; J.D., Cornell Law School, 2024; Publishing Editor, Cornell Law Review, Vol. 109.

This Note will focus on whether a state may invoke the right to self-defense in order to protect citizens living in a different territory. In my Note, I will examine the separatist regions of Abkhazia, Transnistria, and Donbas. First, I will argue that Russia’s efforts to foster sovereignty in separatist regions by creating treaties with…

Jan 2024

Note

How to Get Away with Murder: The Norwegian Approach

Elena Smalline

J.D., Cornell Law School, 2023; B.S. (Business Management and Psychological Sciences), Rensselaer Polytechnic Institute, 2020.

What does it mean for one to be insane enough to not be held responsible for a criminal act one committed? The answer to this question varies across differing eras, cultures, countries, and laws. If one were to ask English legal-scholar Sir Matthew Hale, he would assert that to be insane enough to not be…

Nov 2023

Note

Googling, Profiling, and Drafting a “Fantasy Team” of Jurors: Contextualizing Online Investigations into Jurors and Venirepersons Within Centurues of Analog Litigation Practices

Alison Draikiwicz

J.D., Cornell Law School, 2023; B.A., Wellesley College, 2018.

In recent years, judges and commentators have sounded the alarm on litigators’ increasingly extensive research into jurors’ and venirepersons’ online presences. Despite critics’ ethical and practical concerns, the age of “voir google” continues to thrive and evolve. In this Note, I seek to contextualize the era of online investigations within the broader era of American…

Nov 2023

Note

A Site to Save a Life: The Case for Lobbying Congress to Restrict the Department of Justice from Targeting Supervised Drug Consumption Sites

Trevor Thompson

J.D., Cornell Law School 2022; B.A. Columbia University, 2018.

This Note will begin with an overview of fentanyl’s role in exacerbating the opioid crisis that has now claimed over a million American lives. It will then offer a partial explanation for why the crisis has gotten worse over the past few years: the Food and Drug Administration’s (“FDA”) refusal to initiate a prescription to…

Sep 2023

Note

Tripping on Patent Hurdles: Exploring the Legal and Policy Implications of Psilocybin Patents

Jennifer S. Seidman

J.D., Cornell Law School, 2023; B.S. in Public Health, B.A. in Chemistry, University at Buffalo, 2020.

Ask any hippie and they will tell you about the euphoric and therapeutic properties of psychedelic “magic” mushrooms (psilocybin). While the therapeutic effects of psilocybin have been long known among indigenous and underground practices, the medicalization of psilocybin therapy is a new phenomenon. Psilocybin poses a unique and promising solution for the growing mental illness…

Jul 2023

Note

Pharmaceutical Patent Protection Beyond the Twenty-Year Statutory Term

M. Houston Brown, Jr.

J.D., Cornell Law School, 2023; B.A. in Neuroscience and Behavior, Columbia University, 2019.

Although many life-saving pharmaceuticals on the market have already seen their patents expire, there are countless life-saving pharmaceuticals that still have patent protection, and many more are currently or will be seeking patent protection. Some of these pharmaceutical inventions still have patent protection despite the initial patents having been filed as far back as 1985….

Jul 2023