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Invisible Bars: Adapting the Crime of False Imprisonment to Better Address Coercive Control and Domestic Violence in Tennessee

Mar. 13, 2018—Invisible-Bars-Adapting-The-Crime-of-False-Imprisonment-to-Better-Address-Coercive-Control-and-Domestic-Violence-in-Tennessee ABSTRACT On average, three or more women are murdered by their intimate partners in the United States every day. Despite the now well-known correlation between coercive control—the strategic use of oppressive behavior to control primarily female partners—and intimate partner homicide, most states continue to focus their criminal domestic violence laws solely on physical violence....

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Delaware Supreme Court Refuses to Establish a Presumption Favoring Deal Price in Statutory Appraisal Proceedings

Feb. 19, 2018—Delaware-Supreme-Court-Refuses-to-Establish-a-Presumption-Favoring-Deal-Price-in-Statutory-Appraisal-Proceedings 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. Blake C. Woodward Vanderbilt University Law School, JD Candidate, May 2018; B.A.,...

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Delaware Court Refuses to Enjoin Buyer From Terminating Merger Agreement Due to Failure of Closing Condition

Feb. 19, 2018—Delaware-Court-Refuses-to-Enjoin-Buyer-From-Terminating-Merger-Agreement-Due-to-Failure-of-Closing-Condition 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. Nicole A. Dressler J.D./M.S. Finance Candidate at Vanderbilt University, will be starting...

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Delaware Court Refuses to Dismiss a “Material Adverse Effect” Claim Brought by an Unhappy Buyer

Feb. 7, 2018—Delaware Court Refuses to Dismiss a Material Adverse Effect Claim Brought by an Unhappy Buyer 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...

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Delaware Court Rejects Claim that Directors Acted in Bad Faith By Selling Company Facing Activist Threat

Feb. 7, 2018—Delaware Court Rejects Claim that Directors Acted in Bad Faith By Selling Company Facing Activist Threat ABSTRACT Reaffirms high bar for proving that directors acted in conscious disregard of their obligations AUTHORS Robert S. Reder Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank,...

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Legal Jurisdiction and the Deterritorialization of Data

Feb. 2, 2018—Legal Jurisdiction and the Deterritorialization of Data Response to Jennifer Daskal, Borders and Bits, 71 Vand. L. Rev. 179 (2018). AUTHOR Paul Schiff Berman Walter S. Cox Professor of Law, The George Washington University Law School.

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Commodified Promises and Contract Theory

Jan. 26, 2018—Commodified Promises and Contract Response to Erik Encarnacion, Contract as Commodified Promise, 71 Vand. L. Rev. 61 (2018). AUTHOR Brian H. Bix Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota.  

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The Transparency Tax

Jan. 18, 2018—The Transparency Tax ABSTRACT Transparency is critical to good governance, but it also imposes significant governance costs. Beyond a certain point, excess transparency acts as a kind of tax on the legal system. Others have noted the burdens of maximalist transparency policies on both budgets and regulatory efficiency, but they have largely ignored the deeper...

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Contract as Commodified Promise

Jan. 18, 2018—Contract as Commodified Promise ABSTRACT Many scholars assume that lawmakers should design contract law with the goal of facilitating commercial promises. But the question of which promises count as commercial remains neglected. This Article argues that this question matters more than one might initially expect. Once we understand commerciality in terms of commodification—roughly, treating something...

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Adminization: Gatekeeping Consumer Contracts

Jan. 18, 2018—Adminization Gatekeeping Consumer Contracts ABSTRACT Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau against J.P. Morgan, Citibank, and other large debt collectors illustrate the breadth and importance of this phenomenon. Due to the limited financial power of individuals, consumers often do not...

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Borders and Bits

Jan. 18, 2018—Borders and Bits ABSTRACT Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data...

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Decoding Guilty Minds: How Jurors Attribute Knowledge and Guilt

Jan. 18, 2018—Decoding Guilty Minds ABSTRACT A central tenet of Anglo-American penal law is that in order for an actor to be found criminally liable, a proscribed act must be accompanied by a guilty mind. While it is easy to understand the importance of this principle in theory, in practice it requires jurors and judges to decide what...

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Signed, Sealed, Delivered—Not Yours: Why the Fair Labor Standards Act Offers a Framework for Regulating Gestational Surrogacy

Jan. 18, 2018—Signed, Sealed, Delivered ABSTRACT Over the past several decades, gestational surrogacy has emerged as a rapidly growing industry. Such growth has prompted an enormous amount of debate among scholars, human rights advocates, economists, and the media over a wide array of legal and ethical issues. This debate is perhaps most evident in the divergence of...

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Restore, Revert, Repeat: Examining the Decompensation Cycle and the Due Process Limitations on the Treatment of Incompetent Defendants

Jan. 18, 2018—Restore, Revert, Repeat ABSTRACT Though correctional facilities are one of the largest providers of mental health care in the country, the treatment provided often fails to address the needs of many mentally ill inmates. Indeed, after receiving treatment at a state mental health facility, many pretrial detainees who have been recently restored to competency revert...

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Ambiguities and Agency Cases: Reflections After (Almost) Ten Years on the Bench

Dec. 20, 2017—Ambiguities and Agency Cases AUTHOR Honorable Raymond M. Kethledge Judge, United States Court of Appeals, Sixth Circuit

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Introduction

Nov. 28, 2017—Introduction AUTHORS Alex Carver J.D. Candidate, 2018, Vanderbilt Law School. B.S. & B.A., 2015, Carson-Newman University Susanna Rychlak J.D., 2017, Vanderbilt Law School. B.A., 2014, University of Mississippi

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