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October, 2019

Taking Laughter Seriously at the Supreme Court

Oct. 11, 2019—Tonja Jacobi & Matthew Sag | 72 Vand. L. Rev. 1423 (2019) | Laughter in Supreme Court oral arguments has been misunderstood, treated as either a lighthearted distraction from the Court’s serious work, or interpreted as an equalizing force in an otherwise hierarchical environment. Examining the more than nine thousand instances of laughter witnessed at...

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Antitrust in Digital Markets

Oct. 11, 2019—John M. Newman | 72 Vand. L. Rev. 1497 (2019) | Antitrust law has largely failed to address the challenges posed by digital markets. At the turn of the millennium, the antitrust enterprise engaged in intense debate over whether antitrust doctrine, much of it developed during a bygone era of smokestack industries, could or should...

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The Missing Regulatory State: Monitoring Businesses in an Age of Surveillance

Oct. 11, 2019—Rory Van Loo | 72 Vand. L. Rev. 1563 (2019) | An irony of the information age is that the companies responsible for the most extensive surveillance of individuals in history—large platforms such as Amazon, Facebook, and Google—have themselves remained unusually shielded from being monitored by government regulators. But the legal literature on state information...

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You Get What You Pay For: An Empirical Examination of the Use of MTurk in Legal Scholarship

Oct. 11, 2019—Robertson & Yoon | 72 Vand. L. Rev. 1633 (2019) | In recent years, legal scholars have come to rely on Amazon’s Mechanical Turk (“MTurk”) platform to recruit participants for surveys and experiments. Despite MTurk’s popularity, there is no generally accepted methodology for its use in legal scholarship, and many questions remain about the validity...

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Can and Should Universal Injunctions Be Saved?

Oct. 11, 2019—Szymon S. Barnas | 72 Vand. L. Rev. 1675 (2019) | The practice of a federal district court judge halting the government’s enforcement of an executive action against not only the parties before the court but against anyone, anywhere, may be coming to an end. Multiple Supreme Court Justices have expressed their skepticism in the...

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Reestablishing a Knowledge Mens Rea Requirement for Armed Career Criminal Act “Violent Felonies” Post-Voisine

Oct. 11, 2019—Jeffrey A. Turner | 72 Vand. L. Rev. 1717 (2019) | Until 2016, federal courts unanimously concluded that predicate offenses for the Armed Career Criminal Act (“ACCA”) required a knowledge mens rea. Therefore, any state law crimes that could be committed with a reckless mens rea were not “violent felonies” and could not serve as...

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