Author
Save Now, Win Later: Removing Statutory Barriers to Prize-Linked Savings Initiatives
May. 16, 2014—67 Vand. L. Rev. 907 – Watford
Prisoners and Habeas Privileges Under the Fourteenth Amendment
May. 16, 2014—Prisoners and Habeas Privileges Under the Fourteenth Amendment The U.S. Reports contain no answer to a million-dollar question: are state prisoners constitutionally entitled to a federal habeas forum? The Supreme Court has consistently ducked the basic constitutional issue, and academic work on the question idles on familiar themes. The strongest existing argument that state prisoners...
Enforcement Discretion and Executive Duty
May. 16, 2014—67 Vand. L. Rev. 671 – Price Recent Presidents have claimed wide-ranging authority to decline enforcement of federal laws. The Obama Administration, for example, has announced policies of abstaining from investigation and prosecution of certain federal marijuana crimes, postponing enforcement of key provisions of the Affordable Care Act, and suspending enforcement of removal statutes against...
The Case for a Market in Debt Governance
May. 16, 2014—67 Vand. L. Rev. 771 – Yadav Scholars have long lamented that the growth of modern finance has given way to a decline in debt governance. According to current theory, the expansive use of derivatives that enable lenders to trade away the default risk of their loans has made these lenders uninterested, even reckless, when...
The Obligation of Members of Congress to Consider Constitutionality While Deliberating and Voting: The Deficiencies of House Rule XII and a Proposed Rule for the Senate
May. 16, 2014—67 Vand. L. Rev. 837 – Feingold Most scholarly attention on constitutional interpretation is focused on the judicial branch and its role in our system of separation of powers. Nonetheless, constitutional interpretation should not take place solely in the courts. Rather, history suggests our Framers envisioned that members of Congress, as well as the President...
Comment: The Copyright Act and the Frontier of “Television”: What to do About Aereo
Apr. 20, 2014—Cramer_Comment
Imaginary Contradictions: A Reply to Professor Oleske
Mar. 29, 2014—RESPONSE TO James M. Oleske, Jr., The Public Meaning of RFRA Versus Legislators’ Understanding of RLPA: A Response to Professor Laycock67 VAND. L. REV. EN BANC 125 (2014) Imaginary Contradictions: A Reply to Professor Oleske Although not a part of the original roundtable, the Vanderbilt Law Review is pleased to also present this paper by...
The Supercharged IPO
Mar. 24, 2014—1 – Fleischer&Staudt_67_Vand_L_Rev_307 A new innovation on the IPO landscape has emerged in the last two decades, allowing owner-founders to extract billions of dollars from newly public companies. These IPOs␣labeled supercharged IPOs␣have been the subject of widespread debate and controversy: lawyers, financial experts, journalists, and members of Congress have all weighed in on the topic....
Against Settlement of (Some) Patent Cases
Mar. 24, 2014—2 – La Belle_67_Vand_L_Rev_375 For decades now, there has been a pronounced trend in civil litigation away from adjudication and toward settlement. This settlement phenomenon has spawned a vast critical literature beginning with Owen Fiss’s seminal work, Against Settlement. Fiss opposes settlement because it achieves peace rather than justice, and because settlements often are coerced...
States, Agencies, and Legitimacy
Mar. 24, 2014—3 – Seifter_67_Vand_L_Rev_443 Scholarship on the administrative process has scarcely attended to the role that states play in federal regulation. This Article argues that it is time for that to change. An emerging, important new strand of federalism scholarship, known as “administrative federalism,” now seeks to safeguard state interests in the administrative process and argues...
Bond, Buckley, and the Boundaries of Separation of Powers Standing
Mar. 24, 2014—4 – Marks _67_Vand_L_Rev_505
Getting to the (Non)Point: Private Governance as a Solution to Nonpoint Source Pollution
Mar. 24, 2014—5 – Robisch_67_Vand_L_Rev_539
Immunity Games: How the State Department Has Provided Courts with a Post-Samantar Framework for Determining Foreign Official Immunity
Mar. 24, 2014—6 – Smith_67_Vand_L_Rev_569
Common and Uncommon Families and the American Constitutional Order
Feb. 13, 2014—In STATES OF UNION: FAMILY AND CHANGE IN THE AMERICAN CONSTITUTIONAL ORDER (University Press of Kansas, 2013) Professor Mark Brandon challenges some common understandings about the intersection of law and family in the United States. This Book Review examines Brandon’s historical work in the broader context of current debates about which family forms should be sanctioned...
Designing Administrative Law for Adaptive Management
Jan. 22, 2014—Designing Administrative Law for Adaptive Management Administrative law needs to adapt to adaptive management. Adaptive management is a structured decisionmaking method, the core of which is a multistep, iterative process for adjusting management measures to changing circumstances or new information about the effectiveness of prior measures or the system being managed. It has been identified...
The Right to Vote Under State Constitutions
Jan. 22, 2014—The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to...