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April, 2016

Shining a Light on Shadow Money

Apr. 22, 2016—Shining a Light on Shadow Money Reviewed: MORGAN RICKS, THE MONEY PROBLEM: RETHINKING FINANCIAL REGULATION (University of Chicago Press, 2014). AUTHOR Associate Professor of Law, University of California, Hastings College of the Law. I am grateful to Abe Cable and Reuel Schiller for helpful comments on drafts of this review.

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The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches

Apr. 19, 2016—The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches ABSTRACT Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court’s assumption that requiring search warrants would be “simple” and very protective of privacy was overly optimistic. This article reviews...

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Constitutionalizing Corporate Law

Apr. 19, 2016—Constitutionalizing Corporate Law ABSTRACT The Supreme Court has recently decided some of the most important and controversial cases involving the federal rights of corporations in over two hundred years of jurisprudence. In rulings ranging from corporate political spending to religious liberty rights, the Court has dramatically expanded the zone in which corporations can act free...

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Intrafirm Monitoring of Executive Compensation

Apr. 19, 2016—Intrafirm Monitoring of Executive Compensation ABSTRACT This Article argues that employees should serve as intrafirm monitors of executive performance and pay. Employees and shareholders, labor and capital, can monitor executive performance and pay at different levels. Diffuse, diversified, and short durational shareholders currently monitor performance and pay through the market mechanism of public disclosures and...

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How to Assert State Sovereign Immunity Under the Federal Rules of Civil Procedure

Apr. 19, 2016—How to Assert State Sovereign Immunity Under the Federal Rules of Civil Procedure ABSTRACT For the past twenty years, the Supreme Court has charted a broader course for its state sovereign immunity doctrine, which immunizes states and their officers from suit. But while the Court has broadened the doctrine’s substantive elements, it has neglected how...

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Bruton on Balance: Standardizing Redacted Codefendant Confessions Through Federal Rule of Evidence 403

Apr. 19, 2016—Bruton on Balance: Standardizing Redacted Codefendant Confessions Through the Federal Rule of Evidence 403 ABSTRACT In joint criminal trials, prosecutors are constitutionally barred from introducing the confession of a non-testifying defendant (a “declarant-defendant”) that inculpates other codefendants. In Bruton v. United States, the Supreme Court held that the wholesale introduction of the declarant-defendant’s confession would...

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Finding “Tapia Error”: How Circuit Courts Have Misread Tapia v. United States and Shortchanged the Penological Goals of the Sentencing Reform Act

Apr. 19, 2016—Finding “Tapia Error”: How Circuit Courts Have Misread Tapia v. United States and Shortchanged the Penological Goals of the Sentencing Reform Act AUTHOR J.D. Candidate, 2016, Vanderbilt University Law School; B.A., 2009, New York University. This Note is the beneficiary of incredible support from my peers on the Vanderbilt Law Review. In particular, I wish...

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The Right to Domain Silent: Rebalancing Tort Incentives to Keep Pace with Information Availability for Criminal Suspects and Arrestees

Apr. 19, 2016—The Right to Domain Silent: Rebalancing Tort Incentives to Keep Pace with Information Availability for Criminal Suspects and Arrestees AUTHOR J.D. Candidate, May 2016, Vanderbilt University Law School; B.A., 2011, New York University. I would like to thank Professor Alex Little for his help in sparking the idea that became my solution and his valuable...

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Delaware Court Invalidates Commonly-Used Corporate Classified Board Provision as Contrary to Delaware Law

Apr. 15, 2016—Delaware Court Invalidates Commonly-Used Corporate Classified Board Provision as Contrary to Delaware Law AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011....

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Delaware Court Refuses to Dismiss Aiding and Abetting Claim Against Sell-Side M&A Financial Advisor

Apr. 15, 2016—Delaware Court Refuses to Dismiss Aiding and Abetting Claim Against Sell-Side M&A Financial Advisor AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April...

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How Should a Judge Be: In Defense of the Judge as CEO

Apr. 6, 2016—How Should a Judge Be: In Defense of the Judge as CEO Response to Mitu Gulati & Richard A. Posner, The Management of Staff by Federal Court of Appeals Judges, 69 Vand. L. Rev. 479 (2016). AUTHOR Founder and managing editor, Above the Law, http://abovethelaw.com, and author, Supreme Ambitions (2014).  

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