Alexandra Lahav

@alahav.bsky.social

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Law professor at Cornell
Subjects: litigation risk, torts, civil procedure

https://www.alexandralahav.com/

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Back in 2006 Andrew Siegel wrote an article called The Court Against the Courts: Hostility to Litigation as an Organizing Theme in the Rehnquist Court's Jurisprudence. Now I think we can say whose ever court this is -- is it still a Roberts court? -- it's a litigation promoting court.

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Justice Thomas concurred in Loper Bright to say that Chevron was unconstitutional, but the Roberts majority opinion is unclear about that question. I probe the matter on the blog in a new essay.

Could Congress Reinstate <i>Chevron</i>?www.dorfonlaw.org Dissenting from today's ruling in Loper Bright Enterprises v. Raimondo , Justice Kagan argued that the majority failed to make a case that a...

To whomever is writing the Harvard Law Review Foreword: The theme should be the irony of rules creating unpredictability.

This is going to be a great opportunity to test my less regulation = more tort thesis.

Just putting this here for no reason en.wikipedia.org/wiki/John_G....

John G. Rowland - Wikipediaen.wikipedia.org

I don't know if this will pass but doctrinally I wish design defect had more purchase rather than labeling as the gravamen of many products claims. www.agriculture.com/house-farm-b...

House farm bill would shield Bayer from Roundup lawsuitswww.agriculture.com Tucked into the horticulture section of the farm bill approved by the House Agriculture Committee is language shielding seed and ag chemical giant Bayer from lawsuits against its Roundup weedkiller.

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Does a securities class action's outcome hinge on which shareholder firm handles the case? A study found that top-tier firms invest more time and money into their cases but don’t get better results. Robbins Geller says its latest mega settlement proves otherwise. reut.rs/3VI62Hg

How law firm Robbins Geller won $434 mln post-dismissal settlement with Under Armourreut.rs Does the outcome of a securities class action hinge on which shareholder firm is handling the case?

Once again, your torts exam writes itself

Save it for the evidence file at the trial.

A great analysis by @dorfonlaw.bsky.social on Dept of State v Munoz, procedural and substantive due process. If you're a civ pro prof and teach Lassiter, this post is worth reading!

Is Gen Y a thing? I always hear about GenX (well mostly complaints GenX is being ignored) but whatever happened to Y?

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Relieved that SCOTUS rejected standing in the mifepristone challenge? Don't be. Confusing coverage of the case could demotivate pro-choice swing voters & thus lead to reduced abortion access (and also end constitutional democracy in America). Details on the blog.

Why Did Justice Alito Join in Rejecting Standing in the Mifepristone Case?www.dorfonlaw.org In my essay after the oral argument in FDA v. Alliance for Hippocratic Medicine , I more or less predicted that the Supreme Court would co...

I find this very interesting - what is/ought to be people's tolerance for direct feedback? Baseline everyone deserves to be treated with respect. But when I was young, I often bristled at criticism when I should have seen it as a *mark* of respect. davidlat.substack.com/p/judge-sara...

Who’s The Judge With An ‘Overly Harsh’ Management Style?davidlat.substack.com The answer to this question has been an open secret among legal elites for months.

AI is like salt. Just put a little bit on everything it will taste better.

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In my latest Verdict column, I confirm reporting that Cornell Law faculty were troubled by the terms of a $25 million donation our alum Leonard Leo sought to give and argue that donors who value higher education shouldn't want to exert ideological influence.

Advice to Alumni Donors: Pay the Piper but Don’t Call the Tunej.st Cornell Law professor Michael C. Dorf discusses the challenge faced by colleges and universities in accepting donations from wealthy alumni and other benefactors while maintaining academic freedom and...

On preserving the status quo ante: the CLR Board published a statement saying it had temporarily taking down the CLR website to preserve the status quo while they worked out some kind of compromise with what seem to be internal factions on the review. /1

Really looking forward to @mbjacoby.bsky.social 's book Unjust Debts. I had forgotten the Dalcon Shield piece of this history until I read this op ed. www.nytimes.com/2024/06/04/o...

Opinion | The Moral Limits of Bankruptcy Lawwww.nytimes.com Companies are increasingly using the bankruptcy process to shortchange the rights of those seeking accountability for corporate wrongdoing.

My unpopular opinion: Articles should never be called [Noun] as [Noun] Law as Policy Mountains as Molehills Breakfast as Dinner It's just wrong wrong wrong and you shouldn't do it.

Fabulous

I love Edward Gorey’s theory of art: “Art…is presumably about some certain thing, but is really always about something else, and it’s no good having one without the other, because if you just have the something it is boring and if you just have the something else it’s irritating.”

www.newyorker.com/news/daily-c...

Speech Under the Shadow of Punishmentwww.newyorker.com For years, universities have been less inclined to protect speech and quicker to sanction it. After this spring’s protests, it will be difficult to turn back.

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If you are mass torts lawyer, you should be paying attention to a trend that has emerged in litigation over the discontinued heartburn medication Zantac reut.rs/4bH4LHy

Will Zantac ruling make Delaware a mass torts magnet?reut.rs If you are mass torts lawyer, you should be paying attention to a trend that has emerged in litigation over the discontinued heartburn medication Zantac.

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Wait, hold on. The entire frog-in-hot-water metaphor is a LIE!! The frogs that stayed in had had their BRAINS REMOVED. The frogs w brains jumped out when water got too hot.

WHAT THE FUCK

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Here I explain what's very clearly wrong with the assertion that taking down the Insurrectionist flag would have interfered with Mrs. Alito's "legal right to use the property as she sees fit."

Justice Alito Fails Both Constitutional Law and Property Lawwww.dorfonlaw.org Among the more eyebrow-raising statements by Justice Alito in the course of blaming his wife for flying insurrectionist flags was this : My ...

I am here to tell you "unfiltered" is almost always bad.

I cannot believe that until today I was unfamiliar with the word Logomachy

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Last week's SCOTUS majority opinion by Justice Alito reversing a district court finding of racial gerrymandering leans hard on another dubious decision--that one rejecting federal court review of political gerrymandering. He did something similar in Dobbs. It's his M.O.

The Infuriating Alito Two-Stepwww.dorfonlaw.org Readers could be forgiven for thinking that the title of today's essay is chiefly meant to invoke the two pro-insurrection flags flown by Ju...

PFAS litigation will continue into the unforeseeable future www.nytimes.com/2024/05/28/c...

Lawyers to Plastics Makers: Prepare for ‘Astronomical’ PFAS Lawsuitswww.nytimes.com At an industry presentation about dangerous “forever chemicals,” lawyers predicted a wave of lawsuits that could dwarf asbestos litigation, audio from the event revealed.

Once again, your torts exam writes itself

8, 12, 56, 50

What are some numbers in your field that anyone else in it would identify without even thinking about it, but folk outside may have no idea. Just the numbers, no explanations. Yet. 105 148 210 297 420 594 841 1189

www.courthousenews.com/families-of-...

Families of Uvalde school shooting victims are suing Texas state police over botched responsewww.courthousenews.com It is the first lawsuit to be filed after a 600-page Justice Department report that cataloged “cascading failures” in training, communication, leadership and technology problems that day.

Super interesting for people thinking about aggregation in the federal courts: news.bloomberglaw.com/product/blaw...

Bloomberg Lawnews.bloomberglaw.com