January, 2021
Checks and Balances in the Criminal Law
Jan. 26, 2021—Daniel Epps | 74 Vand. L. Rev. 1 (2021) | The separation of powers is considered essential in the criminal law, where liberty and even life are at stake. Yet the reasons for separating criminal powers are surprisingly opaque, and the “separation of powers” is often used to refer to distinct, and sometimes contradictory, concepts....
Rethinking Swing Voters
Jan. 26, 2021—Jonathan S. Gould | 74 Vand. L. Rev. 85 (2021) | In recent decades, swing voters in courts and legislatures have made many of the United States’ most important decisions of law and policy. It would be easy to conclude from the recent history of the Supreme Court and Congress that democracy or majority rule...
The Research Patent
Jan. 26, 2021—Sean B. Seymore | 74 Vand. L. Rev. 143 (2021) | The patent system gives courts the discretion to tailor patentability standards flexibly across technologies to provide optimal incentives for innovation. For chemical inventions, the courts deem them unpatentable if the chemical lacks a practical, non-research-based use at the time patent protection is sought. The...
The New “Web-Stream” of Commerce: Amazon and the Necessity of Strict Products Liability for Online Marketplaces
Jan. 26, 2021—Margaret E. Dillaway | 74 Vand. L. Rev. 187 (2021) | Technology company Amazon has actively transformed into an e-commerce giant over the last two decades. Once a simple online bookstore, Amazon now boasts an ever-expanding identity as global cloud computing provider, major player in artificial intelligence, brick-and-mortar grocery store, and producer of original video...
Evisceration of the Right to Appeal: Denial of Individual Responsibility as Actionable Genocide Denial
Jan. 26, 2021—Jennifer E. King | 74 Vand. L. Rev. 221 (2021) | Tensions arise during litigation in the international criminal justice system between the practice of the international criminal tribunals, domestic laws, and policy decisions of United Nation (“UN”) Member States. One such tension arises between domestic genocide denial laws, which typically criminalize denial of genocide...
Chancery Court Dismisses Revlon Claims Without Considering Directors’ Potential Corwin Defense
Jan. 25, 2021—Robert S. Reder & Anna Choi | 74 Vand. L. Rev. En Banc 1 (2021) | Essendant reinforces the heightened pleading standard a stockholder-plaintiff must overcome to survive a motion to dismiss its claims of directorial breach of fiduciary duty in the Revlon context. Absent well-pled facts challenging a board’s independence, disinterestedness, or good faith...