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Responses Category

Reimagining Energy

Sep. 21, 2021—Monika U. Ehrman | 74 Vand. L. Rev. En Banc 489 (2021) | This Response suggests that energy laws should support the advancement of carbon-neutral technologies and other infrastructure to reduce greenhouse gas emissions. This support requires a reimagining of our energy system, involving the entire energy lifecycle—from production to consumption, through abandonment and reuse....

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The Distributive Impacts of Nudnik-based Activism

Sep. 10, 2021—Meirav Furth-Matzkin | 74 Vand. L. Rev. En Banc 469 (2021) | In Theory of the Nudnik: The Future of Consumer Activism and What We Can Do to Stop It, Professors Yonathan Arbel and Roy Shapira propose that nudnik customers should be lauded for acting as engines of market discipline. According to Arbel and Shapira,...

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Remaking Carceral Policy: A Response to Littman

Sep. 10, 2021—Keramet Reiter | 74 Vand. L. Rev. En Banc 457 (2021) | Aaron Littman’s Jails, Sheriffs, and Carceral Policymaking marshals an immense amount of empirical data, drawn from a dizzying array of legal and policy sources, to reframe our thinking about what is and should be possible in criminal justice reform at the local level....

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The Price of Free Elections

Aug. 26, 2021—G. Michael Parsons | 74 Vand. L. Rev. En Banc 335 (2021) | How much does an election cost? For a democracy as old as ours, the answer is surprisingly unclear . . . . Among the many contributions of Democracy on a Shoestring, then, is to spur more concrete thinking about the costs and...

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Federalizing the Voting Rights Act

Aug. 22, 2021—Travis Crum | 74 Vand. L. Rev. En Banc 323 (2021) | In Presidential Control of Elections, Professor Lisa Marshall Manheim masterfully canvasses how “a president can affect the rules of elections that purport to hold him accountable” and thereby “undermine the democratic will and delegitimize the executive branch.” Bringing together insights from administrative law...

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The Use of Cultural Authority in Constitutional Argument

Jul. 30, 2021—Andrew Jensen Kerr | 74 Vand. L. Rev. En Banc 215 (2021) | In this paper I reconcile the need for legal validity with the aspirations of popular constitutionalism, that is that the American people should be a source of authority as to the meaning of our Constitution. The Supreme Court has long relied on...

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Separation of Powers Versus Checks and Balances in the Criminal Justice System: A Response to Professor Epps

Jul. 19, 2021—Carissa Byrne Hessick | 74 Vand. L. Rev. En Banc 159 (2021) | Separating powers between the three different branches of government serves an important role in the criminal justice system: It helps to protect individual liberty. Separation of powers provides that protection because it requires multiple and diverse actors to agree that a person...

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Trading Pharma Goods The WTO Legal Framework

Jul. 6, 2021—Neeraj Rajan Sabitha & Petros C. Mavroidis | 74 Vand. L. Rev. En Banc 145 (2021) | In their thoughtful piece, Thomas Bollyky and Aaron Kesselheim advance an argument aimed to solve the persistent shortages in generic drugs in the United States.1 We want to take one step back and provide a complementary argument regarding...

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Our Imperial Federal Courts

Jun. 20, 2021—Matthew Steilen | 74 Vand. L. Rev. En Banc 125 (2021) | “The article is significant for the archival work alone. It is useful, as well, for the impressive synthesis of the existing secondary literature, collected in the footnotes, which makes a convenient reading list for us mere mortals. The argument of the article is ambitious....

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The SG’s Indefensible Advantage: A Comment on The Loudest Voice at the Supreme Court

May. 4, 2021—Lincoln Caplan | 74 Vand. L. Rev. En Banc 97 (2021) | It is time for a fundamental reconsideration of the SG’s role—by outstanding scholars like Richard Lazarus, Michael McConnell, Joshua Schwartz, David Strauss, and others who have practiced law in the SG’s office and have studied and written about the role; by other scholars...

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Our Trade Law System

Jun. 5, 2020—Kathleen Claussen | 73 Vand. L. Rev. En Banc 195 (2020) | In Misaligned Lawmaking, Timothy Meyer identifies a major problem in U.S. trade law design. Professor Meyer argues that there is a misalignment between trade liberalization laws—laws that enable the executive branch to lower trade barriers with other countries—and trade adjustment assistance laws—laws that...

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Irrational Inequality: The Role of Fact-Based Review in Equality Change

May. 27, 2020—Katie Eyer | 73 Vand. L. Rev. En Banc 177 (2020) | In Broken Records: Reconceptualizing Rational Basis Review to Address “Alternative Facts” in the Legislative Process, Joseph Landau offers an important exposition of how legislative records “predicated on a false factual foundation” are, and ought to be, treated by constitutional equality law. As Landau...

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Making Litigating Citizenship More Fair

May. 14, 2020—Ming H. Chen | 73 Vand. L. Rev. En Banc 133 (2020) | In Litigating Citizenship, Cassandra Burke Robertson and Irina D. Manta chart the contours of expanding immigration enforcement in the Trump administration: from criminal aliens and illegal aliens, to legal immigrants, to naturalized citizens. In their own words, their interest is “How do...

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Neighborhood Names: Why Should the Law Care?

Aug. 27, 2019—Nadav Shoked | 72 Vand. L. Rev. En Banc 267 | Names matter. We all realize that they matter for our lives, but we do not intuitively assume that names matter for the law just as well. And yet, in many legal fields, they clearly do. In international law, the question what country gets to...

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Corporate Incapacitation: A Handmaid’s Tale?

Aug. 27, 2019—Mihailis E. Diamantis | 72 Vand. L. Rev. En Banc 251 | In Incapacitating Criminal Corporations, W. Robert Thomas argues that corporate criminal law should think more creatively about incapacitation. As a general rule, I could not agree more with his motivating sentiment: inflexible dominant paradigms have stifled thought about how to sanction corporations for...

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What to do about Chevron—Nothing

Apr. 29, 2019—Nicholas R. Bednar | 72 Vand. L. Rev. En Banc 151 | For thirty-five years, doctrinalists have tormented themselves trying to dissect the Supreme Court’s most infamous administrative-law doctrine: Chevron deference. We have asked when and how it applies. At the same time, we have asked whether Chevron should exist at all. In other words, does Chevron have any...

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