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Volume 67, Number 2 Category

The Supercharged IPO

Mar. 24, 2014—1 – Fleischer&Staudt_67_Vand_L_Rev_307 A new innovation on the IPO landscape has emerged in the last two decades, allowing owner-­founders to extract billions of dollars from newly public companies. These IPOs␣labeled supercharged IPOs␣have been the subject of widespread debate and controversy: lawyers, financial experts, journalists, and members of Congress have all weighed in on the topic....

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Against Settlement of (Some) Patent Cases

Mar. 24, 2014—2 – La Belle_67_Vand_L_Rev_375 For decades now, there has been a pronounced trend in civil litigation away from adjudication and toward settlement. This settlement phenomenon has spawned a vast critical literature beginning with Owen Fiss’s seminal work, Against Settlement. Fiss opposes settlement because it achieves peace rather than justice, and because settlements often are coerced...

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States, Agencies, and Legitimacy

Mar. 24, 2014—3 – Seifter_67_Vand_L_Rev_443 Scholarship on the administrative process has scarcely attended to the role that states play in federal regulation. This Article argues that it is time for that to change. An emerging, important new strand of federalism scholarship, known as “administrative federalism,” now seeks to safeguard state interests in the administrative process and argues...

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