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Chancery Court Analyzes MFW’s “Ab Initio” Requirement in Controlling Stockholder Litigation

Feb. 15, 2019—Robert S. Reder & Ashleigh C. Bennett | 72 Vand. L. Rev. En Banc 117 | Olenik v. Lodzinski | Chancery Court Analyzes MFW’s “Ab Initio” Requirement in Controlling Stockholder Litigation | PDF Download Link | Distinguishes exploratory “discussions” from “negotiations” in determining that MFW’s “ab initio” requirement was satisfied.

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Personal Jurisdiction: The Walls Blocking an Appeal to Rationality

Feb. 6, 2019—Richard D. Freer | 72 Vand. L. Rev. En Banc 99 | Personal jurisdiction is a gateway to the judicial system. Without it, a plaintiff cannot vindicate her claims and the community cannot benefit from private enforcement of the law. In 2011, the Supreme Court returned to personal jurisdiction after a twenty-one year hiatus. Over...

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Regulating Offshore Finance

Jan. 28, 2019—Regulating-Offshore-Finance From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks,...

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Wealth-Based Penal Disenfranchisement

Jan. 28, 2019—Wealth-Based-Penal-Disenfranchisement This Article offers the first comprehensive examination of the way in which the inability to pay economic sanctions—fines, fees, surcharges, and restitution—may prevent people of limited means from voting. The Supreme Court has upheld the constitutionality of penal disenfranchisement upon conviction, and all but two states revoke the right to vote for at least...

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Boilerplate and the Impact of Disclosure in Securities Dealmaking

Jan. 28, 2019—Boilerplate-and-the-Impact-of-Disclosure-in-Securities-Dealmaking Capital markets dealmaking, like many kinds of business transactions, is built on a foundation of copied and recycled language—what many call boilerplate. Regulators and the bar periodically call for less reliance on boilerplate, but despite these pressures, boilerplate remains a fixture of ever-growing securities disclosures. This Article explores why boilerplate persists and how it...

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Disclosing Prosecutorial Misconduct

Jan. 28, 2019—Disclosing-Prosecutorial-Misconduct Prosecutorial misconduct in the form of Brady violations continues to plague the criminal justice system. Brady misconduct represents a fundamental breakdown in the adversarial process, denying defendants a fair trial and undermining the legitimacy of the criminal justice system. Commentators have responded by proposing a range of reforms to increase Brady compliance. Yet these...

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Penile Polygraphy: The Admissibility of Penile Plethysmography Results at Sentencing in Tennessee

Jan. 28, 2019—Penile-Polygraphy-The-Admissibility-of-Penile-Plethysmograph-Results-at-Sentencing-in-Tennessee State judges in Tennessee currently consider the results of penile plethysmograph (“PPG”) evaluations when sentencing convicted sex offenders. These highly intrusive physical tests purport to identify whether an offender’s arousal is considered “deviant” by measuring the change in penis size after viewing various stimuli. Because the results are usually buried in psychosexual evaluations that...

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Extinguishing the Firewall: Addressing the Jurisdictional Challenges to Bringing Cyber Tort Suits Against Foreign Sovereigns

Jan. 28, 2019—Extinguishing-the-Firewall-Addressing-the-Jurisdictional-Challenges-to-Bringing-Cyber-Tort-Suits-Against-Foreign-Sovereigns The rapid advancement of technology has resulted in new forms of tortious activity. Increasingly, these cyber torts are perpetrated by foreign states. Notwithstanding other barriers to collecting damages for a cyber tort, a plaintiff suing for a foreign-state-perpetrated cyber tort must prove that the alleged tortious activity satisfies one of the Foreign Sovereign Immunities...

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Introduction: Reflections on the Future of Discovery in Civil Cases

Nov. 30, 2018—Introduction-Reflections-on-the-Future-of-Discovery-in-Civil-Cases AUTHOR: Honorable Paul W. Grimm

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How We Got Here: A Brief History of Requester-Pays and Other Incentive Systems to Supplement Judicial Management of Discovery

Nov. 30, 2018—How-We-Got-Here-A-Brief-History-of-Requester-Pays-and-Other-Incentive-Systems-to-Supplement-Judicial-Management-of-Discovery AUTHOR: E. Donald Elliott

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Opting Out of Discovery

Nov. 30, 2018—Opting-Out-of-Discovery AUTHOR: Jay Tidmarsh

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Discovery Cost Allocation, Due Process, and the Constitution’s Role in Civil Litigation

Nov. 30, 2018—Discovery-Cost-Allocation-Due-Process-and-the-Constitution’s-Role-in-Civil-Litigation AUTHOR: Martin H. Redish

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Bespoke Discovery

Nov. 30, 2018—Bespoke-Discovery AUTHOR: Jessica Erickson

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Seeking Proportional Discovery: The Beginning of the End of Procedural Uniformity in Civil Rules

Nov. 30, 2018—Seeking-Proportional-Discovery-The-Beginning-of-the-End-of-Procedural-Uniformity-in-Civil-Rules AUTHOR: Linda Sandstrom Simard

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Application of the New “Proportionality” Discovery Rule in Class Actions: Much Ado About Nothing

Nov. 30, 2018—Application-of-the-New-“Proportionality”-Discovery-Rule-in-Class-Actions-Much-Ado-About-Nothing AUTHOR: Robert H. Klonoff

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Discovery Disclosure and Deterrence

Nov. 30, 2018—Discovery-Disclosure-and-Deterrence AUTHORS: Sergio J. Campos Cheng Li

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