January, 2022
Duty and Diversity
Jan. 24, 2022—Chris Brummer & Leo E. Strine, Jr. | 75 Vand. L. Rev. 1 (2022) | In the wake of the brutal deaths of George Floyd and Breonna Taylor, lawmakers and corporate boards from Wall Street to the West Coast have introduced a slew of reforms aimed at increasing Diversity, Equity, and Inclusion (“DEI”) in corporations. Yet...
Local Power
Jan. 24, 2022—Alexandra B. Klass & Rebecca Wilton | 75 Vand. L. Rev. 93 (2022) | This Article is about “local power.” We use that term in two distinct but complementary ways. First, local power describes the authority of local governments to enact regulatory policies in the interests of their citizens. Second, local power describes the authority of...
Unauthorized and Unwise
Jan. 24, 2022—Robert A. Mikos | 75 Vand. L. Rev. 161 (2022) | For decades, the United States Patent and Trademark Office (“PTO”) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services. Pursuant to this “lawful use requirement,” the Agency has refused or even cancelled registration of thousands...
Preliminary Damages
Jan. 24, 2022—Gideon Parchomovsky & Alex Stein | 75 Vand. L. Rev. 239 (2022) | Historically, the law helped impecunious plaintiffs overcome their inherent disadvantage in civil litigation. Unfortunately, this is no longer the case: modern law has largely abandoned the mission of assisting the least well-off. In this Essay, we propose a new remedy that can dramatically...
A Machete for the Patent Thicket
Jan. 24, 2022—Lisa Orucevic | 75 Vand. L. Rev. 277 (2022) | Outrageous drug prices have dominated news coverage of the American healthcare system for years. Yet despite widespread condemnation of skyrocketing drug prices, nothing seems to change. Pharmaceutical companies can raise drug prices with impunity because they hold patents on their drugs, which give them monopolies. These...
Dynamic Corporate Purpose
Jan. 24, 2022—Fields Pierce | 75 Vand. L. Rev. 325 (2022) | The debate over corporate purpose has turned into a “gordian knot” where parties with entrenched beliefs about what the corporation should or should not be within society refuse to waver. There are inherent flaws with the governance models proposed by academics, politicians, and practitioners alike, so...
Road to Reform: The Case for Removing Police from Traffic Regulation
Jan. 11, 2022—Aaron Megar | 75 Vand. L. Rev. En Banc 13 (2022) | This Note advocates for the removal of police from traffic-law enforcement and the creation of unarmed Civilian Traffic Forces (“CTF”) at the municipal and state levels. Since the Supreme Court’s decision in Whren, there has been a significant amount of legal scholarship criticizing...
Criminal Injustice
Jan. 11, 2022—Edward Rubin | 75 Vand. L. Rev. En Banc 1 (2022) | Reviewed: JED S. RAKOFF, WHY THE INNOCENT PLEAD GUILTY AND THE GUILTY GO FREE: AND OTHER PARADOXES OF OUR BROKEN LEGAL SYSTEM, Farrar, Strauss & Giroux 2021. Pp. 208. $27.00 Hardcover. As its title suggests, Why the Innocent Plead Guilty and the Guilty...