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Site URL: www.cornelllawreview.org
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Posts: 10
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A First Amendment Right to Know
Published: May 26, 2026 14:36
This Article tackles an increasingly important question: Can police round up people on American streets and keep secret the names of those they detain without violating the First Amendment? Alarmingly, the government made this very argument in the summer…
An Empirical Examination of the Dangerous Patient Exception
Published: May 26, 2026 14:36
This Article empirically examines the effect of the dangerous patient exception to the psychotherapist-patient evidentiary privilege. The U.S. Supreme Court first recognized the psychotherapist-patient privilege in Jaffee v. Redmond. This evidentiary…
The Difference a Year Makes: The Admissibility of Expert Opinion Testimony Under the 2023 Amendment
Published: May 26, 2026 14:35
Rule 702 of the Federal Rules of Evidence governs the admissibility of expert opinion testimony in federal court. Indeed, the admissibility of expert opinion testimony is a key driver of the outcome in a multitude of criminal and civil proceedings. In the…
#Landback to Indigenous Peoples from “Land-Grab” Universities
Published: May 26, 2026 14:35
The Morrill Land Grant Act of 1862 (Morrill Act) was the first federal legislation to fund public higher education in the United States, funding fifty-two land-grant universities (LGUs) that still exist today. While the purpose of the Act was to…
Mass-Tort Trust and the Faustian Bargain
Published: May 11, 2026 22:37
In bankruptcy, establishing a mass-tort trust is the final piece in structuring resolution of protracted aggregate litigation faced by a corporate debtor. As seen in cases like Purdue Pharma and Boy Scouts of America, the multibillion-dollar aggregate…
Phase II: Managing the Remedial Phase in Aggregate Litigation
Published: May 11, 2026 22:37
This Article proposes nine methods for dealing with the damages phase in a mass tort or mass accident situation after an issue class action on liability has been certified and plaintiff has prevailed on liability in Phase I or once a case has been filed in…
The Alchemist’s Inversion
Published: May 11, 2026 22:37
Litigation finance makes the world go round. The capital financiers provide is the lifeblood for plaintiffs’ firms and individual claimants attempting to run the litigation gauntlet in high-stakes battles with wealthy corporate entities. Third-party…
Zombie Litigation: Claim Aggregation, Litigant Autonomy, and Funders’ Intermeddling
Published: May 11, 2026 22:36
The main debate surrounding litigation funding in recent years has focused on the question of disclosure of funding agreements. While the issue is important, predominantly because of its effects on the course and outcome of individual cases, far more…
The Ordinary and Extraordinary in Mass Tort Litigation
Published: May 11, 2026 22:36
Mass torts have inspired a number of innovative procedural approaches. They include creative uses of class actions, multidistrict litigation (“MDL”) and, more recently, the bankruptcy system. These procedural innovations have been challenged as a…
MDL Strikes Back
Published: May 11, 2026 22:36
One of the crucial insights of the judges responsible for the Multidistrict Litigation Act was that no one could opt out. Indeed, the whole idea of MDL is that everyone is stuck there, required to participate in pretrial proceedings until the litigation is…