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Volume 72, Number 4 Category

David Williams II, in Memoriam 1948-2019

May. 31, 2019—David-Williams-II-in-Memoriam-1948-2019 AUTHOR: Nicholas S. Zeppos

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The Arbitration-Litigation Paradox

May. 31, 2019—Pamela K. Bookman | 72 Vand. L. Rev. 1119 (2019) | The-Arbitration-Litigation-Paradox The Supreme Court’s interpretation of the Federal Arbitration Act is universally touted as favoring arbitration. Its arbitration cases and decisions in other areas are also viewed as supporting the Court’s more general hostility to litigation. These pro-arbitration and anti-litigation policies can be mutually...

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Reconceptualizing the Role of Intellectual Property Rights in Shaping Industry Structure

May. 31, 2019—Peter Lee | 72 Vand. L. Rev. 1197 (2019) | Reconceptualizing-the-Role-of-Intellectual-Property-Rights-in-Shaping-Industry-Structure Technological and creative industries are critical to economic and social welfare, and the forces that shape such industries are important subjects of legal and policy examination. These industries depend on patents and copyrights, and scholars have long debated whether exclusive rights promote industry consolidation...

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Public Relations Litigation

May. 31, 2019—Kishanthi Parella | 72 Vand. L. Rev. 1285 (2019) | Public-Relations-Litigation Conventional wisdom holds that lawsuits harm a corporation’s reputation. So why do corporations and other businesses litigate even when they will likely lose in the court of law and the court of public opinion? One explanation is settlement: some parties file lawsuits not to...

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The Authorization Continuum: Investigating the Meaning of “Authorization” Through the Lens of the Controlled Substances Act

May. 31, 2019—Breanna C. Phillips | 72 Vand. L. Rev. 1335 (2019) | The-Authorization-Continuum Federal prohibitions are ubiquitous in society. These prohibitions may be absolute, providing no exceptions, or they may be qualified, providing exemptions that allow specified parties to avoid a law’s reach. The power to exempt parties from a prohibition is not limited to the...

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Winding Back Wayfair: Retaining the Physical Presence Rule for State Income Taxation

May. 31, 2019—Nathan Townsend | 72 Vand. L. Rev. 1391 (2019) | Winding-Back-Wayfair-Retaining-the-Physical-Presence-Rule-for-State-Income-Taxation In 2018, the U.S. Supreme Court decided South Dakota v. Wayfair, Inc., a case abrogating the physical presence rule from Quill Corp. v. North Dakota. The physical presence rule barred a state from forcing a retailer to collect sales taxes on the state’s behalf...

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