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Underwater Mortgages for Underwater Homes: The Elimination of Signals in the Coastal Lending Market

Oct. 19, 2021—Peyton J. Klein | 74 Vand. L. Rev. 1467 (2021) | Climate change and sea level rise threaten to increase the default risk of mortgages on homes in coastal areas. Faced with this reality, small coastal lenders have begun selling more climate-sensitive mortgages to Fannie Mae and Freddie Mac, thereby transferring the risk of climate-induced...

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Let’s Talk About Gender: Nonbinary Title VII Plaintiffs Post-Bostock

Oct. 19, 2021—Meredith Rolfs Severtson | 74 Vand. L. Rev. 1507 (2021) | In Bostock v. Clayton County, the Supreme Court held that Title VII’s sex-discrimination prohibition applies to discrimination against gay and transgender employees. This decision, surprising from a conservative Court, has engendered a huge amount of commentary on both its substantive holding and its interpretive...

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The Duty to Update Corporate Emissions Pledges

May. 28, 2021—Nathan Campbell | 74 Vand. L. Rev. 1137 (2021) | Facing both internal and external market pressures, a rapidly growing number of private companies are making public, voluntary, and ambitious pledges to reduce or outright eliminate by a certain date or benchmark their greenhouse gas emissions. Yet, ambition and necessity notwithstanding, nonfulfillment of these emission...

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Private Offerings in the Age of Surveillance Capitalism and Targeted Advertising

May. 28, 2021—Christina M. Claxton | 74 Vand. L. Rev. 1187 (2021) | Social media platforms, as well as the internet more broadly, have fundamentally altered many aspects of modern life. In particular, platforms’ targeted advertising mechanisms have revolutionized how companies reach consumers by providing advertisers more effective tools for reaching consumers and by tailoring content to...

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Make Hay While the Sun Shines: Private Equity and the False Claims Act

Apr. 20, 2021—Gregory F. Maczko | 74 Vand. L. Rev. 797 (2021) | For years, the federal government has used the False Claims Act to police fraud in the healthcare industry. Every year, the Department of Justice recovers billions of dollars from healthcare companies for their False Claims Act violations, both penalizing wrongdoers and providing incentives for...

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Creditors, Keepers: Passive Retention of Estate Property and the Automatic Stay

Apr. 20, 2021—Caitlin M. McAuliffe | 74 Vand. L. Rev. 829 (2021) | The automatic stay provision is one of the most important provisions in the Bankruptcy Code. Until recently, however, it has remained unclear if passive retention of property of the bankruptcy estate must be immediately turned over to the debtor under the automatic stay provision....

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Measuring Semantic Relatedness: A Proposal for a New Textual Tool

Mar. 24, 2021—Katherine A. Cohen | 74 Vand. L. Rev. 483 (2021) | Judicial decisions, statutes, constitutions, sentencing guidelines, and ERISA-related documents have at least one thing in common: at a molecular level, the laws are all composed of words. The scientific study of linguistics, particularly the field of semantics, analyzes what words mean and how they...

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The Library of Babel for Prior Art: Using Artificial Intelligence to Mass Produce Prior Art in Patent Law

Mar. 24, 2021—Lucas R. Yordy | 74 Vand. L. Rev. 521 (2021) | Artificial intelligence is playing an increasingly important role in the invention and innovation processes of our society. To date, though, much of the academic discussion on the interaction of artificial intelligence and the patent system focuses on the patentability of inventions produced by artificial...

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The New “Web-Stream” of Commerce: Amazon and the Necessity of Strict Products Liability for Online Marketplaces

Jan. 26, 2021—Margaret E. Dillaway | 74 Vand. L. Rev. 187 (2021) | Technology company Amazon has actively transformed into an e-commerce giant over the last two decades. Once a simple online bookstore, Amazon now boasts an ever-expanding identity as global cloud computing provider, major player in artificial intelligence, brick-and-mortar grocery store, and producer of original video...

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Evisceration of the Right to Appeal: Denial of Individual Responsibility as Actionable Genocide Denial

Jan. 26, 2021—Jennifer E. King | 74 Vand. L. Rev. 221 (2021) | Tensions arise during litigation in the international criminal justice system between the practice of the international criminal tribunals, domestic laws, and policy decisions of United Nation (“UN”) Member States. One such tension arises between domestic genocide denial laws, which typically criminalize denial of genocide...

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“The New Weapon of Choice”: Law’s Current Inability to Properly Address Deepfake Pornography

Oct. 19, 2020—Anne Pechenik Gieseke | 73 Vand. L. Rev. 1479 (2020) | Deepfake technology uses artificial intelligence to realistically manipulate videos by splicing one person’s face onto another’s. While this technology has innocuous usages, some perpetrators have instead used it to create deepfake pornography. These creators use images ripped from social media sites to construct—or request...

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The Standing of Article III Standing for Data Breach Litigants: Proposing a Judicial and a Legislative Solution

Oct. 19, 2020—Devin Urness | 73 Vand. L. Rev. 1517 (2020) | Data breaches are not going away. Yet victims still face uncertainty when deciding whether and where to file cases against companies or other institutions that may have mishandled their information. This is especially true if the victims have not yet experienced a financial harm, like...

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Plea Bargaining and Collateral Consequences: An Experimental Analysis

May. 26, 2020—Carlie Malone | 73 Vand. L. Rev. 1161 (2020) | The overwhelming majority of convictions in the United States are obtained through guilty pleas. Many of these guilty pleas are a product of plea bargaining, where a defendant enters a guilty plea in exchange for some form of official concessions. Despite its prominence, plea bargaining...

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Generals & General Elections: Legal Responses to Partisan Endorsements by Retired Military Officers

May. 26, 2020—Hannah Martins Miller | 73 Vand. L. Rev. 1209 (2020) | Retired generals and admirals of the U.S. military appear to be endorsing partisan political candidates in greater numbers, with more visibility. This Note argues that the practice represents a clear danger to civilian control over the military and weakens military effectiveness. It explains that while...

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Reviving “Dead Letters”: Reimagining Federal Rule of Evidence 410 as a Conditional Privilege

Apr. 20, 2020—Peter G. Cornick | 73 Vand. L. Rev. 857 | Though understudied relative to its fellow specialized relevance rules, Federal Rule of Evidence 410 protects a crucial element of the criminal justice system: plea negotiations. As written, the rule prevents the admission of evidence gathered during plea discussions, which helps assure criminal defendants that their candid...

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Rejection Hurts: Trademark Licenses and the Bankruptcy Code

Apr. 20, 2020—Amanda E. James | 73 Vand. L. Rev. 889 | Section 365 of the Bankruptcy Code empowers debtors to reject burdensome executory contracts. From 1988 until May 2019, the effect of such a rejection on trademark licenses was unclear. The Supreme Court’s recent decision in Mission Product Holdings, Inc. v. Tempnology, LLC settled the matter...

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