May, 2017
Institutional Effects on Reciprocal Legitimation in the Federal Courts
May. 23, 2017—Institutional Effects on Reciprocal Legitimation in the Federal Courts Response to Neil S. Siegel, Reciprocal Legitimation in the Federal Courts System, 70 Vand. L. Rev. 1183 (2017). AUTHOR Donald P. Klekamp Professor of Law, University of Cincinnati College of Law
A Mild Defense of Our New Machine Overlords
May. 23, 2017—A Mild Defense of Our New Machine Overlords Response to Kiel Brennan-Marquez, “Plausible Cause”: Explanatory Standards in the Age of Powerful Machines, 70 Vand. L. Rev. 1249 (2017). AUTHOR Visiting Fellow, Yale Information Society Project; Visiting Researcher, Georgetown University Law Center. J.D. 2011, University of Michigan.
Reciprocal Legitimation in the Federal Courts System
May. 10, 2017—Reciprocal Legitimation in the Federal Courts System ABSTRACT Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent...
“Plausible Cause”: Explanatory Standards in the Age of Powerful Machines
May. 10, 2017—“Plausible Cause”: Explanatory Standards in the Age of Powerful Machines ABSTRACT The Fourth Amendment’s probable cause requirement is not about numbers or statistics. It is about requiring the police to account for their decisions. For a theory of wrongdoing to satisfy probable cause—and warrant a search or seizure—it must be plausible. The police must be...
Organizational Law as Commitment Device
May. 10, 2017—Organizational Law as Commitment Device ABSTRACT What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational law—the law of partnerships, corporations, private trusts, and their variants—serves primarily to structure relations between business owners, on the one hand, and business creditors, on the other....
For What It’s Worth: The Role of Race- and Gender-Based Data in Civil Damages Awards
May. 10, 2017—For What It’s Worth: The Role of Race- and Gender-Based Data in Civil Damages Awards AUTHOR J.D. Candidate, 2017, Vanderbilt University Law School; B.S. & B.A., 2014, University of Florida.
Police Violence Against People with Mental Disabilities: The Immutable Duty Under the ADA to Reasonably Accommodate During Arrest
May. 10, 2017—Police Violence Against People with Mental Disabilities: The Immutable Duty Under the ADA to Reasonably Accommodate During Arrest AUTHOR J.D. Candidate, 2017, Vanderbilt University Law School; B.A., 2012, University of Florida.
Delaware Courts Confront Question Whether “Cleansing Effect” of Corwin Applies to Duty of Loyalty Claims
May. 9, 2017—Delaware Courts Confront Question ABSTRACT Recent rulings settle apparent divergence between Comstock and Larkin decisions and narrow exception to application of Corwin to cases where controlling stockholder extracts personal benefits in a merger transaction AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting...
Doubling Down on “Plain Language”: Delaware Court Extends In re VAALCO Energy by Invalidating Supermajority Vote Requirement for Director Removal
May. 4, 2017—Doubling Down on Plain Language Delaware Court Extends ABSTRACT Court finds that plain language of DGCL §141(k) unequivocally requires only a simple stockholder majority to remove members of an unclassified board of directors AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney...