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Article

Has the Alien Tort Statute Made a Difference?: A Historical, Empirical, and Normative Assessment

Christopher Ewell, J.D., Yale Law School (2022); Oona A. Hathaway, Gerard C. and Bernice Latrobe Smith Professor of Law, Yale Law School & Ellen Nohle, J.S.D. Candidate, Yale Law School (2023)

The Alien Tort Statute (ATS), which allows aliens to file civil suit in U.S. courts for violations of the law of nations, has been considered by many to be one of the most important legal tools for human rights litigation in the United States and perhaps even the world. The effectiveness of this tool, however,…

Oct 2022

Article

Resurrecting Arbitrariness

Kathryn E. Miller, Clinical Assistant Professor of Law, Cardozo Law School. Staff Attorney, Equal Justice Initiative, 2012–2015

What allows judges to sentence a child to die in prison? For years, they did so without constitutional restriction. That all changed in 2012’s Miller v. Alabama, which banned mandatory sentences of life without parole for children convicted of homicide crimes. Miller held that this extreme sentence was constitutional only for the worst offenders—the “permanently…

Oct 2022

Article

Antidiscrimination and Tax Exemption

Alex Zhang, Law Clerk, United States Court of Appeals for the Ninth Circuit. J.D., Yale Law School; Ph.D., Yale University

“The Supreme Court held, in Bob Jones University v. United States, that violations of fundamental public policy—including race discrimination in education—disqualify an entity for tax exemption. The holding of the case was broad, and its results cohered with the ideals of progressive society: the government ought not to subsidize discrimination, particularly of marginalized groups. But…

Oct 2022

Note

A Response-Dependent Perspective on the Theory of Insanity

Bruno Patrick Babij, B.A., Stanford University, 2018; M.Phil., University of Cambridge, 2019;
J.D., Cornell Law School, 2022

“This Note has three parts. The first introduces the idea of response-dependent responsibility in more detail. The second part argues that the traditional tests for insanity assume the view of responsibility the response-dependent account sought to correct and that the failure of these tests to provide satisfactory results follows from that assumption. The third part…

Oct 2022

Note

“F*ck School”? Reconceptualizing Student Speech Rights in the Digital Age

Hannah Middlebrooks, J.D., Cornell Law School, 2022; B.A. in English, French, and Women’s Studies, University of Georgia, 2017

“This Note will examine the impact that the nationwide shift to online distance learning due to the pandemic has had on K12 public school students’ First Amendment speech rights. I will begin with the four foundational Supreme Court cases about on-campus student speech. Next, I will briefly examine the federal circuit split regarding off-campus student…

Oct 2022

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

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

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

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