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Volume 70, Number 4

Reciprocal Legitimation in the Federal Courts System

May. 10, 2017—Reciprocal Legitimation in the Federal Courts System ABSTRACT Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent...

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“Plausible Cause”: Explanatory Standards in the Age of Powerful Machines

May. 10, 2017—“Plausible Cause”: Explanatory Standards in the Age of Powerful Machines ABSTRACT The Fourth Amendment’s probable cause requirement is not about numbers or statistics. It is about requiring the police to account for their decisions. For a theory of wrongdoing to satisfy probable cause—and warrant a search or seizure—it must be plausible. The police must be...

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Organizational Law as Commitment Device

May. 10, 2017—Organizational Law as Commitment Device ABSTRACT What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational law—the law of partnerships, corporations, private trusts, and their variants—serves primarily to structure relations between business owners, on the one hand, and business creditors, on the other....

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For What It’s Worth: The Role of Race- and Gender-Based Data in Civil Damages Awards

May. 10, 2017—For What It’s Worth: The Role of Race- and Gender-Based Data in Civil Damages Awards AUTHOR J.D. Candidate, 2017, Vanderbilt University Law School; B.S. & B.A., 2014, University of Florida.

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Police Violence Against People with Mental Disabilities: The Immutable Duty Under the ADA to Reasonably Accommodate During Arrest

May. 10, 2017—Police Violence Against People with Mental Disabilities: The Immutable Duty Under the ADA to Reasonably Accommodate During Arrest AUTHOR J.D. Candidate, 2017, Vanderbilt University Law School; B.A., 2012, University of Florida.

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