Skip to main content

Volume 69, Number 3

The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches

Apr. 19, 2016—The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches ABSTRACT Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court’s assumption that requiring search warrants would be “simple” and very protective of privacy was overly optimistic. This article reviews...

Read more


Constitutionalizing Corporate Law

Apr. 19, 2016—Constitutionalizing Corporate Law ABSTRACT The Supreme Court has recently decided some of the most important and controversial cases involving the federal rights of corporations in over two hundred years of jurisprudence. In rulings ranging from corporate political spending to religious liberty rights, the Court has dramatically expanded the zone in which corporations can act free...

Read more


Intrafirm Monitoring of Executive Compensation

Apr. 19, 2016—Intrafirm Monitoring of Executive Compensation ABSTRACT This Article argues that employees should serve as intrafirm monitors of executive performance and pay. Employees and shareholders, labor and capital, can monitor executive performance and pay at different levels. Diffuse, diversified, and short durational shareholders currently monitor performance and pay through the market mechanism of public disclosures and...

Read more


How to Assert State Sovereign Immunity Under the Federal Rules of Civil Procedure

Apr. 19, 2016—How to Assert State Sovereign Immunity Under the Federal Rules of Civil Procedure ABSTRACT For the past twenty years, the Supreme Court has charted a broader course for its state sovereign immunity doctrine, which immunizes states and their officers from suit. But while the Court has broadened the doctrine’s substantive elements, it has neglected how...

Read more


Bruton on Balance: Standardizing Redacted Codefendant Confessions Through Federal Rule of Evidence 403

Apr. 19, 2016—Bruton on Balance: Standardizing Redacted Codefendant Confessions Through the Federal Rule of Evidence 403 ABSTRACT In joint criminal trials, prosecutors are constitutionally barred from introducing the confession of a non-testifying defendant (a “declarant-defendant”) that inculpates other codefendants. In Bruton v. United States, the Supreme Court held that the wholesale introduction of the declarant-defendant’s confession would...

Read more


Finding “Tapia Error”: How Circuit Courts Have Misread Tapia v. United States and Shortchanged the Penological Goals of the Sentencing Reform Act

Apr. 19, 2016—Finding “Tapia Error”: How Circuit Courts Have Misread Tapia v. United States and Shortchanged the Penological Goals of the Sentencing Reform Act AUTHOR J.D. Candidate, 2016, Vanderbilt University Law School; B.A., 2009, New York University. This Note is the beneficiary of incredible support from my peers on the Vanderbilt Law Review. In particular, I wish...

Read more


The Right to Domain Silent: Rebalancing Tort Incentives to Keep Pace with Information Availability for Criminal Suspects and Arrestees

Apr. 19, 2016—The Right to Domain Silent: Rebalancing Tort Incentives to Keep Pace with Information Availability for Criminal Suspects and Arrestees AUTHOR J.D. Candidate, May 2016, Vanderbilt University Law School; B.A., 2011, New York University. I would like to thank Professor Alex Little for his help in sparking the idea that became my solution and his valuable...

Read more