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Second Amendment Immigration Exceptionalism

Feb. 8, 2024—Pratheepan Gulasekaram | 77 Vand. L. Rev. En Banc 51 (2024) Recently, a federal district court in United States v. Vazquez- Ramirez upheld the federal criminal prohibition on firearm possession by unlawfully present noncitizens codified in 18 U.S.C. § 922(g)(5). Vazquez-Ramirez is just the latest in a string of post-New York State Rifle & Pistol...

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MFW DEFENSE AVAILABLE DESPITE CONTROL STOCKHOLDER’S REFUSAL TO NEGOTIATE WITH CREDIBLE COMPETING BIDDER

Jan. 30, 2024—Robert S. Reder | 77 Vand. L. Rev. En Banc 39 In Smart Local Unions and Councils Pension Fund v. BridgeBio Pharma, Inc., C.A. No. 2021-1030-PAF (Del. Ch. December 29, 2022) (“BridgeBio Pharma”), the Delaware Court of Chancery (“Chancery Court”) examined the negotiation and approval process underlying a control stockholder’s buyout of minority shares via...

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A Different Standard for Different Stages: Why Parties Must Be Allowed to “Invoke the Rule” During Oral Depositions

Jan. 30, 2024—Morgan Scott | 77 Vand. L. Rev. En Banc 1 Two attorneys from the same law firm are representing plaintiffs in two whistleblower qui tam lawsuits against different pharmaceutical companies. One suit has been going on for years and is finally at the trial stage; the other will likely settle after depositions are complete. Attorney...

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The Harms of Heien: Pulling Back the Curtain on the Court’s Search and Seizure Doctrine

Jan. 26, 2024—Wayne A. Logan | 77 Vand. L. Rev. 1 In Heien v. North Carolina, the Supreme Court held that individuals can be seized on the basis of reasonable police mistakes of law. In an opinion authored by Chief Justice Roberts, the eight-Justice majority held that the Fourth Amendment’s prohibition of “unreasonable” seizures does not bar...

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The Impact of Banning Confidential Settlements on Discrimination Dispute Resolution

Jan. 26, 2024—Blair Druhan Bullock & Joni Hersch | 77 Vand. L. Rev. 51 The #MeToo movement exposed how workplace harassment plagues employment in the United States. Several states responded by passing legislation aimed at curbing harassment and employment discrimination in the workplace. One of the most common legislative efforts was to ban confidentiality provisions in certain...

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Access to Justice for Black Inventors

Jan. 26, 2024—Jordana R. Goodman & Khamal Patterson | 77 Vand. L. Rev. 109 To receive a patent, an inventor must meet certain inventive and procedural standards. Their invention must be novel, nonobvious, and written in such a way that any person skilled in the inventive subject can make and use the invention without undue experimentation. This...

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Eavesdropping: The Forgotten Public Nuisance in the Age of Alexa

Jan. 26, 2024—Julia Keller | 77 Vand. L. Rev. 169 Always-listening devices have sparked new concerns about privacy while evading regulation, but a potential solution has existed for hundreds of years: public nuisance. Public nuisance has been stretched to serve as a basis of liability for some of the most prominent cases of modern mass-tort litigation, such...

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The Financialization of Frequent Flyer Miles: Calling for Consumer Protection

Jan. 26, 2024—Ari Goldfine | 77 Vand. L. Rev. 233 Airlines’ frequent flyer programs operate more like a monetary system, with points as a form of currency, than a typical discount or rewards plan. In fact, airlines’ power over points is even more extensive than that of a central bank over currency—beyond simply determining how many points...

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Avoiding a “Nine-Headed Hydra”: Intervention as a Matter of Right by Legislators in Federal Lawsuits After Berger

Jan. 26, 2024—Taylor Lawing | 77 Vand. L. Rev. 275 Heightened political polarization across the United States has resulted in the increased use of Rule 24(a) intervention as a matter of right by elected legislators in federal litigation concerning state law. Because states differ in their approaches to intervention, with only some states expressly granting intervention in...

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Introduction

Nov. 27, 2023—Edward K. Cheng | 76 Vand L. Rev. 1603 Prior to the eighteenth century, cartographers would often fill uncharted areas of maps with sea monsters, other artwork, or even rank speculation—a phenomenon labeled “horror vacui,” or fear of empty spaces. For example, in Paolo Forlani’s world map of 1565, a yet- to-be-discovered southern continent was...

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Ignorance of the Rules of Omission: An Essay on Privilege Law

Nov. 27, 2023—Rebecca Wexler | 76 Vand. L. Rev. 1609 Alton Logan spent twenty-six years in prison for a murder he did not commit, sleeping with a homemade metal shank under his pillow for protection. Meanwhile, attorney Dale Coventry kept the evidence that would ultimately exonerate Logan—another man’s confession—in a box beneath his bed. Coventry kept the...

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How Machines Reveal the Gaps in Evidence Law

Nov. 27, 2023—Andrea Roth | 76 Vand. L. Rev. 1631 This Symposium asks participants to reimagine the Federal Rules of Evidence on the fiftieth anniversary of their effective date. As part of that conversation, this short Essay argues that the Rules of Evidence contain critical gaps in terms of empowering litigants to meaningfully challenge the credibility of...

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On Proving Mabrus and Zorgs

Nov. 27, 2023—Michael S. Pardo | 76 Vand. L. Rev. 1653 An unfortunate disconnect exists in modern evidence scholarship. On one hand, a rich literature has explored the process of legal proof in general and legal standards of proof in particular. Call this the “macro level” of legal proof. On the other hand, a rich literature has...

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“Pics or It Didn’t Happen” and “Show Me the Receipts”: A Folk Evidentiary Rule

Nov. 27, 2023—Timothy Lau | 76 Vand. L. Rev. 1681 “Pics or It Didn’t Happen,” “Show Me the Receipts,” and related refrains are frequently encountered in online discussion threads today. They are typically invoked to demand corroboration in support of a claim or to declare from the outset that a claim is supported by some sort of...

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One Size Does Not Fit All: Alternatives to the Federal Rules of Evidence

Nov. 27, 2023—Henry Zhuhao Wang | 76 Vand. L. Rev. 1709 The Federal Rules of Evidence have been so successful that many people equate them to the whole field of evidence law. But this is a false equivalence. Our world is complicated, diversified, and dynamic. So, too, is evidence law, which is like a rainforest in which...

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Binding Hercules: A Proposal for Bench Trials

Nov. 27, 2023—Maggie Wittlin | 76 Vand. L. Rev. 1735 If you were a federal judge presiding over a bench trial, you probably would not want the Federal Rules of Evidence to apply to you. Sure, you might want to be insulated from privileged information. But you are, no doubt, capable of cool-headed, rational reasoning, and you...

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