March, 2014
Imaginary Contradictions: A Reply to Professor Oleske
Mar. 29, 2014—RESPONSE TO James M. Oleske, Jr., The Public Meaning of RFRA Versus Legislators’ Understanding of RLPA: A Response to Professor Laycock67 VAND. L. REV. EN BANC 125 (2014) Imaginary Contradictions: A Reply to Professor Oleske Although not a part of the original roundtable, the Vanderbilt Law Review is pleased to also present this paper by...
The Supercharged IPO
Mar. 24, 2014—1 – Fleischer&Staudt_67_Vand_L_Rev_307 A new innovation on the IPO landscape has emerged in the last two decades, allowing owner-founders to extract billions of dollars from newly public companies. These IPOs␣labeled supercharged IPOs␣have been the subject of widespread debate and controversy: lawyers, financial experts, journalists, and members of Congress have all weighed in on the topic....
Against Settlement of (Some) Patent Cases
Mar. 24, 2014—2 – La Belle_67_Vand_L_Rev_375 For decades now, there has been a pronounced trend in civil litigation away from adjudication and toward settlement. This settlement phenomenon has spawned a vast critical literature beginning with Owen Fiss’s seminal work, Against Settlement. Fiss opposes settlement because it achieves peace rather than justice, and because settlements often are coerced...
States, Agencies, and Legitimacy
Mar. 24, 2014—3 – Seifter_67_Vand_L_Rev_443 Scholarship on the administrative process has scarcely attended to the role that states play in federal regulation. This Article argues that it is time for that to change. An emerging, important new strand of federalism scholarship, known as “administrative federalism,” now seeks to safeguard state interests in the administrative process and argues...
Bond, Buckley, and the Boundaries of Separation of Powers Standing
Mar. 24, 2014—4 – Marks _67_Vand_L_Rev_505
Getting to the (Non)Point: Private Governance as a Solution to Nonpoint Source Pollution
Mar. 24, 2014—5 – Robisch_67_Vand_L_Rev_539
Immunity Games: How the State Department Has Provided Courts with a Post-Samantar Framework for Determining Foreign Official Immunity
Mar. 24, 2014—6 – Smith_67_Vand_L_Rev_569