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Introduction: Is the Supreme Court Failing at Its Job, or Are We Failing at Ours?

May. 25, 2016—Introduction: Is the Supreme Court Failing at Its Job, or Are We Failing at Ours? AUTHOR Herman O. Loewenstein Professor of Law, Vanderbilt University.

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Thinking About the Supreme Court’s Successes and Failures

May. 25, 2016—Thinking About the Supreme Court’s Successes and Failures AUTHOR Dean and Distinguished Professor of Law, Raymond Pryke Professor of First Amendment Law, University of California, Irvine School of Law.

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Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government

May. 25, 2016—Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government AUTHOR Sandra Day O’Connor Professor of Law and Professor of Government, College of William & Mary. This paper is an outgrowth both of conversations with Caitlin Borgmann and of remarks I made at the June 2015 Privacy Discussion...

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A Tribute to Justice Scalia: Why Bad Cases Make Bad Methodology

May. 25, 2016—A Tribute to Justice Scalia: Why Bad Cases Make Bad Methodology AUTHOR Professor of Law, Vanderbilt University Law School. J.D., 2000, Harvard Law School.

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Letter To Supreme Court (Erwin Chemerinsky is Mad. Why You Should Care.)

May. 25, 2016—Letter To Supreme Court (Erwin Chemerinsky is Mad. Why You Should Care.) AUTHOR Jacob D. Fuchsberg Professor of Law at New York University School of Law. Thanks to Randy Barnett, Josh Blackman, Orin Kerr, Rick Pildes, and Maria Ponomarenko for comments on a prior draft. Special thanks to Erwin Chemerinsky, a friend throughout my professional...

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Three Supreme Court “Failures” and a Story of Supreme Court Success

May. 25, 2016—Three Supreme Court “Failures” and a Story of Supreme Court Success AUTHOR Professor of Law and Associate Dean of Faculty Development, University of Richmond School of Law. Thanks to the faculty of Vanderbilt Law School, particularly Suzanna Sherry, for the insightful comments and questions I received while workshopping this piece there. Special thanks to Eric...

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The Broken-Hearted Lover: Erwin Chemerinsky’s Romantic Longings for a Mythical Court

May. 25, 2016—The Broken-Hearted Lover: Erwin Chemerinsky’s Romantic Longings for a Mythical Court AUTHOR Associate Professor of Political Science and Lecturer in Law, University of Chicago.

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The Supreme Court in Context: Conceptual, Pragmatic, and Institutional

May. 25, 2016—The Supreme Court in Context: Conceptual, Pragmatic, and Institutional AUTHOR University Professor of Law and Political Science, Vanderbilt University.

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Shining a Light on Shadow Money

Apr. 22, 2016—Shining a Light on Shadow Money Reviewed: MORGAN RICKS, THE MONEY PROBLEM: RETHINKING FINANCIAL REGULATION (University of Chicago Press, 2014). AUTHOR Associate Professor of Law, University of California, Hastings College of the Law. I am grateful to Abe Cable and Reuel Schiller for helpful comments on drafts of this review.

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Delaware Court Invalidates Commonly-Used Corporate Classified Board Provision as Contrary to Delaware Law

Apr. 15, 2016—Delaware Court Invalidates Commonly-Used Corporate Classified Board Provision as Contrary to Delaware Law AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011....

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Delaware Court Refuses to Dismiss Aiding and Abetting Claim Against Sell-Side M&A Financial Advisor

Apr. 15, 2016—Delaware Court Refuses to Dismiss Aiding and Abetting Claim Against Sell-Side M&A Financial Advisor AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April...

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How Should a Judge Be: In Defense of the Judge as CEO

Apr. 6, 2016—How Should a Judge Be: In Defense of the Judge as CEO Response to Mitu Gulati & Richard A. Posner, The Management of Staff by Federal Court of Appeals Judges, 69 Vand. L. Rev. 479 (2016). AUTHOR Founder and managing editor, Above the Law, http://abovethelaw.com, and author, Supreme Ambitions (2014).  

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Pointing a Way Toward a Brighter Future for Public Education: A Comment on Lynch v. Alabama

Mar. 30, 2016—Pointing a Way Toward a Brighter Future for Public Education: A Comment on Lynch v. Alabama AUTHOR Vanderbilt University School of Law class of 2014. I would like to thank my wife Taylor for her helpful feedback and support during this long project; Dr. Randolph Horn for introducing me to the sordid history of the...

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In Praise of (Some) Ex Post Regulation: A Response to Professor Galle

Mar. 29, 2016—In Praise of (Some) Ex Post Regulation: A Response to Professor Galle Response to Brian Galle, In Praise of Ex Ante Regulation, 68 Vand. L. Rev. 1715 (2015). AUTHOR Wade H. and Dores M. McCree Collegiate Professor of Law, University of Michigan Law School.  

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Statistical Testing of Peremptory Challenge Data for Possible Discrimination: Application to Foster v. Chatman

Mar. 16, 2016—Statistical Testing of Peremptory Challenge Data for Possible Discrimination: Application to Foster v. Chatman AUTHOR Professor of Statistics and Economics, George Washington University. It is a pleasure to thank Ms. Lihui Cai, Prof. Edward Cheng, and the Editors of Vanderbilt Law Review En Banc for carefully reviewing a draft of the manuscript and making several...

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Delaware Supreme Court Upholds Multi-Million Dollar Damages Award Against Sell-Side M&A Advisor

Mar. 14, 2016—Delaware Supreme Court Upholds Multi-Million Dollar Damages Award Against Sell-Side M&A Advisor AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011. Margaret...

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