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January, 2015

An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants

Jan. 26, 2015—An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants ABSTRACT Employment contracts for most employees are not publicly available, leaving researchers to speculate about whether they contain postemployment restrictions on employee mobility, and if so, what those provisions look like. Using a large sample of publicly available CEO employment contracts, we are able...

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Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law?

Jan. 26, 2015—Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law? ABSTRACT The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear....

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Original Meaning and the Precedent Fallback

Jan. 26, 2015—Original Meaning and the Precedent Fallback ABSTRACT There is longstanding tension between originalism and judicial precedent. With its resolute focus on deciphering the enacted Constitution, the originalist methodology raises questions about whether judges can legitimately defer to their own pronouncements. Numerous scholars have responded by debating whether and when the Constitution’s original meaning should yield...

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Statutory Interpretations and the Therapy of the Obvious

Jan. 26, 2015—Statutory Interpretations and the Theory of the Obvious AUTHOR University Professor of Law and Political Science, Vanderbilt University Law School.

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Baptizing O’Brien: Towards Intermediate Protection of Religiously Motivated Expressive Conduct

Jan. 26, 2015—Baptizing O’Brien: Towards Intermediate Protection of Religiously Motivated Expressive Conduct AUTHOR J.D. Candidate, May 2015, Vanderbilt University Law School; B.A., 2010, The King’s College.

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Proposed Legal Constraints on Private Student Lenders

Jan. 26, 2015—Proposed Legal Constraints on Private Student Lenders AUTHOR J.D. Candidate, 2015, Vanderbilt University Law School; B.S., 2010, University of Arizona.

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Heuristics, Biases, and Consumer Litigation Funding at the Bargaining Table

Jan. 26, 2015—Heuristics, Biases, and Consumer Litigation Funding at the Bargaining Table AUTHOR J.D./Ph.D. in Law and Economics, expected 2017, Vanderbilt University Law School.

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The Absent Amicus: “With Friends Like These . . .”

Jan. 14, 2015—The Absent Amicus: “With Friends Like These . . .” This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR Professor of Law Emeritus and President Emeritus, University of Virginia; Former President and Professor of Law, University of Wisconsin System, Senior Fellow, Association of Governing Boards of Colleges and Universities.

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Public Interest Lawyering & Judicial Politics: Four Cases Worth a Second Look in Williams-Yulee v. The Florida Bar

Jan. 14, 2015—Public Interest Lawyering & Judicial Politics: Four Cases Worth a Second Look in Williams-Yulee v. The Florida Bar This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR Professor of Law and University Distinguished Professor, City University of New York (CUNY) School of Law. My thanks to the editors and staff of...

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Much Ado About Nothing: The Irrelevance of Williams-Yulee v. The Florida Bar on the Conduct of Judicial Elections

Jan. 14, 2015—Much Ado About Nothing: The Irrelevance of Williams-Yulee v. The Florida Bar on the Conduct of Judicial Elections This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHORS Chris W. Bonneau Associate Professor, Department of Political Science, University of Pittsburgh. Shane M. Redman Department of Political Science, University of Pittsburgh.

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Williams-Yulee and the Inherent Value of Incremental Gains in Judicial Impartiality

Jan. 14, 2015—Williams-Yulee and the Inherent Value of Incremental Gains in Judicial Impartiality This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHORS David W. Earley was an attorney at the Brennan Center for Justice at N.Y.U. School of Law from 2010 to 2014. Matthew J. Menendez is Counsel at the Brennan Center. The...

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Judicial Elections, Judicial Impartiality and Legitimate Judicial Lawmaking: Williams-Yulee v. The Florida Bar

Jan. 14, 2015—Judicial Elections, Judicial Impartiality and Legitimate Judicial Lawmaking: Williams-Yulee v. The Florida Bar This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR Professor of Law, University of Kansas School of Law. Thanks to Nicole Smith, Mark Wilkins, and Abigail West for helpful research assistance.

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The Jekyll and Hyde of First Amendment Limits on the Regulation of Judicial Campaign Speech

Jan. 14, 2015—The Jekyll and Hyde of First Amendment Limits on the Regulation of Judicial Campaign Speech This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR John F. Kimberling Professor of Law, Indiana University Maurer School of Law. I’d like to thank Jim Alfini, Dan Conkle, James Sample, and Margaret Tarkington for their...

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What Do Judges Do All Day? In Defense of Florida’s Flat Ban on the Personal Solicitation of Campaign Contributions From Attorneys by Candidates for Judicial Office

Jan. 14, 2015—What Do Judges Do All Day? In Defense of Florida’s Flat Ban on Personal Solicitation of Campaign Contributions From Attorneys by Candidates for Judicial Office This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR Inez Milholland Professor of Civil Liberties, New York University School of Law. I make no pretense of...

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Williams-Yulee v. The Florida Bar, the First Amendment, and the Continuing Campaign to Delegitimize Judicial Elections

Jan. 14, 2015—Williams-Yulee v. The Florida Bar, the First Amendment, and the Continuing Campaign to Delegitimize Judicial Elections This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHORS Michael E. DeBow Professor, Cumberland School of Law, Samford University. Brannon P. Denning Professor and Associate Dean, Cumberland School of Law, Samford University.

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