May, 2023
Religion as Disobedience
May. 31, 2023—Xiao Wang | 76 Vand. L. Rev. 999 Religion today offers plaintiffs a ready path to disobey laws without consequence. Examples of such disobedience abound. In the past few years alone, courts have enjoined vaccine mandates, invalidated stay-at-home orders, and set aside antidiscrimination laws protecting same-sex couples. During the 2021–2022 Term, plaintiffs relied once again...
Polysemy and the Law
May. 31, 2023—Daniel J. Hemel | 76 Vand. L. Rev. 1067 Polysemy—the existence of multiple related meanings for the same word or phrase—is a frequent phenomenon in legal and lay language. Although polysemy sometimes arises by accident, it also can be strategic: framers of legal rules can advance private and public interests by assigning meanings to terms...
White-Collar Courts
May. 31, 2023—Merritt E. McAlister | 76 Vand. L. Rev. 1155 Article III courts are white-collar courts. They are, scholars have said, “special.” They sit atop the judicial hierarchy, and they are the courts of the one percent. We inculcate that sense of specialness in a variety of ways: federal courts are courts of limited jurisdiction; they...
Fenceposts Without a Fence
May. 31, 2023—Katherine E. Di Lucido, Nicholas K. Tabor & Jeffery Y. Zhang | 76 Vand. L. Rev. 1215 Banking organizations in the United States have long been subject to two broad categories of regulatory requirements. The first is permissive: a “positive” grant of rights and privileges, typically via a charter for a corporate entity, to engage...
Sex, Drugs, and Rock & Roll: Effectively and Equitably Moderating Vice and Illegal Content Online
May. 31, 2023—Elise Nicole Blegen | 76 Vand. L. Rev. 1265 The modern internet is vast, with more than 2.5 quintillion bytes of data created every day. Content is created, uploaded, downloaded, and shared across an increasingly large number of platforms. Most of this content is legal; however, some is illegal, including hate speech, child sexual abuse...