Are you over 18 and want to see adult content?
More Annotations
A complete backup of machinerytrader.com
Are you over 18 and want to see adult content?
A complete backup of objectivepersonality.com
Are you over 18 and want to see adult content?
A complete backup of usclimatedata.com
Are you over 18 and want to see adult content?
A complete backup of personalgoogle.net
Are you over 18 and want to see adult content?
Favourite Annotations
A complete backup of dietstandards.com
Are you over 18 and want to see adult content?
A complete backup of tarasovamarkiana1989.tumblr.com
Are you over 18 and want to see adult content?
A complete backup of pompadorkeri.tumblr.com
Are you over 18 and want to see adult content?
Text
bargaining
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
REGULATING FINTECH
Regulating Fintech. Posted by on Tuesday, May 22, 2018 in Articles, Volume 71, Volume 71, Number 4.. Regulating-Fintech. ABSTRACT. The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial PLEA BARGAINING AND COLLATERAL CONSEQUENCES: AN 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, pleabargaining
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
REGULATING FINTECH
Regulating Fintech. Posted by on Tuesday, May 22, 2018 in Articles, Volume 71, Volume 71, Number 4.. Regulating-Fintech. ABSTRACT. The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention.SUBMISSIONS
Overview The Vanderbilt Law Review publishes six times a year (January, March, April, May, October, and November). We have two selection cycles (spring and fall) per year. During a selection cycle, we accept submissions on a rolling basis. We do not accept submissions solely authored by law school students. Please follow the linkimmediately below
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEW Archives - Vanderbilt Law Review Vanderbilt Law Review ArchivesDATA AUTONOMY
Data Autonomy. Posted by woodszm on Wednesday, March 24, 2021 in Articles, Volume 74, Volume 74, Number 2. In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions. Posted by Vanderbilt on Wednesday, January 22, 2014 in Articles, Volume 67, Volume 67, Number 1.. The Right to Vote Under State Constitutions. This Article provides the first comprehensive look at state constitutional provisions explicitly granting the THE INAUTHENTIC CLAIM The Inauthentic Claim. Posted by Vanderbilt on Sunday, January 30, 2011 in Articles, Volume 64, Number 1, Volumes.. This Article argues that third parties should be able to invest in lawsuits to a much greater degree than is currently permitted in most jurisdictions inthe United States.
THE RIGHT TO VOTE UNDER STATE CONSTITUTIONS 2 - Douglas PAGE (Do Not Delete) 1/10/2014 5:57 PM 2014] STATE CONSTITUTIONAL RIGHT TO VOTE 91 VII. APPENDIX: STATE CONSTITUTIONAL PROVISIONS ON THE RIGHT TO VOTE.. 144 I. INTRODUCTION What is the right to vote? This question has befuddled courts,1 law professors,2 historians,3 and policymakers4 for years. PRIVATE BENEFITS IN PUBLIC OFFERINGS: TAX RECEIVABLE Private-Benefits-in-Public-Offerings-Tax-Receivable-Agreements-in-IPOs ABSTRACT Historically, an initial public offering (“IPO”) was a process whereby a company sold all of its underlying assets to the public. A new tax innovation, the “tax receivable agreement” (“TRA”), creates private tax benefits in public offerings by allowing pre-IPO owners to effectively keep valuable tax WHAT SHOULD WE DO ABOUT MULTIJURISDICTIONAL LITIGATION IN 8 - Thomas PAGE (corrected).docx (Do Not Delete) 11/25/2013 10:33 AM 2013] MULTIJURISDICTIONAL DEAL LITIGATION 1929 Moreover, judges should not hesitate to cut or deny fees in disclosureU HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial PLEA BARGAINING AND COLLATERAL CONSEQUENCES: AN 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, pleabargaining
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
REGULATING FINTECH
Regulating Fintech. Posted by on Tuesday, May 22, 2018 in Articles, Volume 71, Volume 71, Number 4.. Regulating-Fintech. ABSTRACT. The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial PLEA BARGAINING AND COLLATERAL CONSEQUENCES: AN 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, pleabargaining
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
REGULATING FINTECH
Regulating Fintech. Posted by on Tuesday, May 22, 2018 in Articles, Volume 71, Volume 71, Number 4.. Regulating-Fintech. ABSTRACT. The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention.SUBMISSIONS
Overview The Vanderbilt Law Review publishes six times a year (January, March, April, May, October, and November). We have two selection cycles (spring and fall) per year. During a selection cycle, we accept submissions on a rolling basis. We do not accept submissions solely authored by law school students. Please follow the linkimmediately below
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEW Archives - Vanderbilt Law Review Vanderbilt Law Review ArchivesDATA AUTONOMY
Data Autonomy. Posted by woodszm on Wednesday, March 24, 2021 in Articles, Volume 74, Volume 74, Number 2. In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions. Posted by Vanderbilt on Wednesday, January 22, 2014 in Articles, Volume 67, Volume 67, Number 1.. The Right to Vote Under State Constitutions. This Article provides the first comprehensive look at state constitutional provisions explicitly granting the THE INAUTHENTIC CLAIM The Inauthentic Claim. Posted by Vanderbilt on Sunday, January 30, 2011 in Articles, Volume 64, Number 1, Volumes.. This Article argues that third parties should be able to invest in lawsuits to a much greater degree than is currently permitted in most jurisdictions inthe United States.
THE RIGHT TO VOTE UNDER STATE CONSTITUTIONS 2 - Douglas PAGE (Do Not Delete) 1/10/2014 5:57 PM 2014] STATE CONSTITUTIONAL RIGHT TO VOTE 91 VII. APPENDIX: STATE CONSTITUTIONAL PROVISIONS ON THE RIGHT TO VOTE.. 144 I. INTRODUCTION What is the right to vote? This question has befuddled courts,1 law professors,2 historians,3 and policymakers4 for years. PRIVATE BENEFITS IN PUBLIC OFFERINGS: TAX RECEIVABLE Private-Benefits-in-Public-Offerings-Tax-Receivable-Agreements-in-IPOs ABSTRACT Historically, an initial public offering (“IPO”) was a process whereby a company sold all of its underlying assets to the public. A new tax innovation, the “tax receivable agreement” (“TRA”), creates private tax benefits in public offerings by allowing pre-IPO owners to effectively keep valuable tax WHAT SHOULD WE DO ABOUT MULTIJURISDICTIONAL LITIGATION IN 8 - Thomas PAGE (corrected).docx (Do Not Delete) 11/25/2013 10:33 AM 2013] MULTIJURISDICTIONAL DEAL LITIGATION 1929 Moreover, judges should not hesitate to cut or deny fees in disclosureU HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The DESIGNING LAW TO ENABLE ADAPTIVE GOVERNANCE OF MODERN Designing Law to Enable Adaptive Governance of Modern Wicked Problems. Posted by cappetac on Tuesday, December 22, 2020 in Articles, Volume 73, Volume 73, Number 6.. Barbara A. Cosens, J.B. Ruhl, Niko Soininen & Lance Gunderson | 73 Vand. L. Rev. 1687 (2020) | PLEA BARGAINING AND COLLATERAL CONSEQUENCES: AN 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, pleabargaining
THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this CONSTITUTIONALIZING CORPORATE LAW 2016] CONSTITUTIONALIZING CORPORATE LAW 641 But while state corporate law provides the means for creating corporations with these useful legal features, other areas of law have had to determine the treatmentof corporations.
COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. THE RIGHT TO VOTE UNDER STATE CONSTITUTIONS 2 - Douglas PAGE (Do Not Delete) 1/10/2014 5:57 PM 2014] STATE CONSTITUTIONAL RIGHT TO VOTE 93 Pennsylvania Constitution,20 but two Wisconsin trial courts came to the opposite conclusion, invalidating that state’s law under the PRIVATE BENEFITS IN PUBLIC OFFERINGS: TAX RECEIVABLE Private-Benefits-in-Public-Offerings-Tax-Receivable-Agreements-in-IPOs ABSTRACT Historically, an initial public offering (“IPO”) was a process whereby a company sold all of its underlying assets to the public. A new tax innovation, the “tax receivable agreement” (“TRA”), creates private tax benefits in public offerings by allowing pre-IPO owners to effectively keep valuable tax HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The DESIGNING LAW TO ENABLE ADAPTIVE GOVERNANCE OF MODERN Designing Law to Enable Adaptive Governance of Modern Wicked Problems. Posted by cappetac on Tuesday, December 22, 2020 in Articles, Volume 73, Volume 73, Number 6.. Barbara A. Cosens, J.B. Ruhl, Niko Soininen & Lance Gunderson | 73 Vand. L. Rev. 1687 (2020) | PLEA BARGAINING AND COLLATERAL CONSEQUENCES: AN 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, pleabargaining
THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this CONSTITUTIONALIZING CORPORATE LAW 2016] CONSTITUTIONALIZING CORPORATE LAW 641 But while state corporate law provides the means for creating corporations with these useful legal features, other areas of law have had to determine the treatmentof corporations.
COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. THE RIGHT TO VOTE UNDER STATE CONSTITUTIONS 2 - Douglas PAGE (Do Not Delete) 1/10/2014 5:57 PM 2014] STATE CONSTITUTIONAL RIGHT TO VOTE 93 Pennsylvania Constitution,20 but two Wisconsin trial courts came to the opposite conclusion, invalidating that state’s law under the PRIVATE BENEFITS IN PUBLIC OFFERINGS: TAX RECEIVABLE Private-Benefits-in-Public-Offerings-Tax-Receivable-Agreements-in-IPOs ABSTRACT Historically, an initial public offering (“IPO”) was a process whereby a company sold all of its underlying assets to the public. A new tax innovation, the “tax receivable agreement” (“TRA”), creates private tax benefits in public offerings by allowing pre-IPO owners to effectively keep valuable tax CHANCERY COURT EMPLOYS CONTEXT-DRIVEN ANALYSIS IN ADOPTING Chancery Court Employs Context-Driven Analysis in Adopting Nuanced Interpretations of DGCL Provisions. Posted by cappetac on Thursday, April 29, 2021 in Delaware Corporate Law Bulletins, En Banc, Volume 74.. Robert S. Reder | 74 Vand. L. Rev. En Banc 85 (2021) | DESIGNING LAW TO ENABLE ADAPTIVE GOVERNANCE OF MODERN Designing Law to Enable Adaptive Governance of Modern Wicked Problems. Posted by cappetac on Tuesday, December 22, 2020 in Articles, Volume 73, Volume 73, Number 6.. Barbara A. Cosens, J.B. Ruhl, Niko Soininen & Lance Gunderson | 73 Vand. L. Rev. 1687 (2020) | DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEW Archives - Vanderbilt Law Review Vanderbilt Law Review Archives NO CORWIN, NO PROBLEM: CHANCERY COURT DISCUSSES REVLON’S Robert S. Reder & Spencer H. Lutz | 74 Vand. L. Rev. En Banc 71 (2021) | The Vice Chancellor’s opinion offers perhaps the clearest explanation to date of how damages claims asserting breach of so-called “Revlon duties” will be analyzed post-Corwin. As Corwin instructs, “Revlon ‘duties’ should not be confused with theRevlon standard
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
THE NEW “WEB-STREAM” OF COMMERCE: AMAZON AND THE NECESSITY 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 content.MOOTNESS FEES
Mootness Fees. Posted by bradlemn on Monday, November 25, 2019 in Articles, Volume 72, Volume 72, Number 6.. Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, & Randall S. Thomas | 72 Vand. L. Rev. 1777 (2019) | In response to a sharp increase in litigation challenging mergers, the Delaware Chancery Court issued the 2016 Trulia decision, which substantively reduced the attractiveness of THE INAUTHENTIC CLAIM The Inauthentic Claim. Posted by Vanderbilt on Sunday, January 30, 2011 in Articles, Volume 64, Number 1, Volumes.. This Article argues that third parties should be able to invest in lawsuits to a much greater degree than is currently permitted in most jurisdictions inthe United States.
CONSTITUTIONALIZING CORPORATE LAW 2016] CONSTITUTIONALIZING CORPORATE LAW 641 But while state corporate law provides the means for creating corporations with these useful legal features, other areas of law have had to determine the treatmentof corporations.
HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEW Archives - Vanderbilt Law Review Vanderbilt Law Review Archives PLEA BARGAINING AND COLLATERAL CONSEQUENCES: AN 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, pleabargaining
VOLUMES ARCHIVES
The Market for Preclusion in Merger Litigation. May. 23, 2013— The recent finding that corporate litigation involving Delaware companies very often takes place outside of Delaware disturbed the long-settled understanding of how merger litigation works. With many, even most, cases being filed and ultimately resolved outside of Delaware, commentators warn that the trend is a threat to THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. THE RIGHT TO VOTE UNDER STATE CONSTITUTIONS 2 - Douglas PAGE (Do Not Delete) 1/10/2014 5:57 PM 2014] STATE CONSTITUTIONAL RIGHT TO VOTE 93 Pennsylvania Constitution,20 but two Wisconsin trial courts came to the opposite conclusion, invalidating that state’s law under the CONSTITUTIONALIZING CORPORATE LAW 2016] CONSTITUTIONALIZING CORPORATE LAW 641 But while state corporate law provides the means for creating corporations with these useful legal features, other areas of law have had to determine the treatmentof corporations.
HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEW Archives - Vanderbilt Law Review Vanderbilt Law Review Archives PLEA BARGAINING AND COLLATERAL CONSEQUENCES: AN 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, pleabargaining
VOLUMES ARCHIVES
The Market for Preclusion in Merger Litigation. May. 23, 2013— The recent finding that corporate litigation involving Delaware companies very often takes place outside of Delaware disturbed the long-settled understanding of how merger litigation works. With many, even most, cases being filed and ultimately resolved outside of Delaware, commentators warn that the trend is a threat to THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. THE RIGHT TO VOTE UNDER STATE CONSTITUTIONS 2 - Douglas PAGE (Do Not Delete) 1/10/2014 5:57 PM 2014] STATE CONSTITUTIONAL RIGHT TO VOTE 93 Pennsylvania Constitution,20 but two Wisconsin trial courts came to the opposite conclusion, invalidating that state’s law under the CONSTITUTIONALIZING CORPORATE LAW 2016] CONSTITUTIONALIZING CORPORATE LAW 641 But while state corporate law provides the means for creating corporations with these useful legal features, other areas of law have had to determine the treatmentof corporations.
ARTICLES ARCHIVES
Police Arbitration. May. 28, 2021— Stephen Rushin | 74 Vand. L. Rev. 1023 (2021) | Before punishing an officer for professional misconduct, police departments often provide the officer with an opportunity to file an appeal. In many police departments, this appeals process culminates in a hearing before an arbitrator. While numerous media reports have suggested that arbitrators regularly CHANCERY COURT EMPLOYS CONTEXT-DRIVEN ANALYSIS IN ADOPTING Chancery Court Employs Context-Driven Analysis in Adopting Nuanced Interpretations of DGCL Provisions. Posted by cappetac on Thursday, April 29, 2021 in Delaware Corporate Law Bulletins, En Banc, Volume 74.. Robert S. Reder | 74 Vand. L. Rev. En Banc 85 (2021) | DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial MASTHEAD - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEW Volume 69, Number 1. Volume 69, Number 2. Volume 69, Number 3. Volume 69, Number 4. Volume 69, Number 5. Volume 69, Number 6. Symposium. Symposium 2020 (November): Professor Margaret Blair’s Contributions to Understanding the Role of Corporations in the Economy. Symposium 2019 (October): Governing Wicked Problems. VANDERBILT, AUTHOR AT VANDERBILT LAW REVIEW The Consequences of Congress’s Choice of Delegate: Judicial and Agency Interpretations of Title VII. Mar. 27, 2010— Although Congress delegates lawmaking authority to both courts and agencies, we know remarkably little about the determinants—and even less about the consequences—of the choice between judicial and administrative process. The few scholars who have sought to NO CORWIN, NO PROBLEM: CHANCERY COURT DISCUSSES REVLON’S Robert S. Reder & Spencer H. Lutz | 74 Vand. L. Rev. En Banc 71 (2021) | The Vice Chancellor’s opinion offers perhaps the clearest explanation to date of how damages claims asserting breach of so-called “Revlon duties” will be analyzed post-Corwin. As Corwin instructs, “Revlon ‘duties’ should not be confused with theRevlon standard
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
THE NEW “WEB-STREAM” OF COMMERCE: AMAZON AND THE NECESSITY 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 content.MOOTNESS FEES
Mootness Fees. Posted by bradlemn on Monday, November 25, 2019 in Articles, Volume 72, Volume 72, Number 6.. Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, & Randall S. Thomas | 72 Vand. L. Rev. 1777 (2019) | In response to a sharp increase in litigation challenging mergers, the Delaware Chancery Court issued the 2016 Trulia decision, which substantively reduced the attractiveness of THE INAUTHENTIC CLAIM The Inauthentic Claim. Posted by Vanderbilt on Sunday, January 30, 2011 in Articles, Volume 64, Number 1, Volumes.. This Article argues that third parties should be able to invest in lawsuits to a much greater degree than is currently permitted in most jurisdictions inthe United States.
HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial PLEA BARGAINING AND COLLATERAL CONSEQUENCES: AN 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, pleabargaining
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
REGULATING FINTECH
Regulating Fintech. Posted by on Tuesday, May 22, 2018 in Articles, Volume 71, Volume 71, Number 4.. Regulating-Fintech. ABSTRACT. The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial PLEA BARGAINING AND COLLATERAL CONSEQUENCES: AN 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, pleabargaining
THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
REGULATING FINTECH
Regulating Fintech. Posted by on Tuesday, May 22, 2018 in Articles, Volume 71, Volume 71, Number 4.. Regulating-Fintech. ABSTRACT. The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention.SUBMISSIONS
Overview The Vanderbilt Law Review publishes six times a year (January, March, April, May, October, and November). We have two selection cycles (spring and fall) per year. During a selection cycle, we accept submissions on a rolling basis. We do not accept submissions solely authored by law school students. Please follow the linkimmediately below
EN BANC ARCHIVES
The SG’s Indefensible Advantage: A Comment on The Loudest Voice at the Supreme Court. May. 4, 2021— Lincoln Caplan | 74 Vand. L. Rev. En Banc 97 (2021) | It is time for a fundamental reconsideration of the SG’s role—by outstanding scholars like Richard Lazarus, Michael McConnell, Joshua Schwartz, David Strauss, and others who have practiced law in the SG’s office and have DETERRING ALGORITHMIC MANIPULATION Gina-Gail S. Fletcher | 74 Vand. L. Rev. 259 (2021) | Does the existing anti-manipulation framework effectively deter algorithmic manipulation? With the dual increase of algorithmic trading and the occurrence of “mini-flash crashes” in the market linked to manipulation, this question has become more pressing in recent years. In the past thirty years, the financial CHANCERY COURT EMPLOYS CONTEXT-DRIVEN ANALYSIS IN ADOPTING Chancery Court Employs Context-Driven Analysis in Adopting Nuanced Interpretations of DGCL Provisions. Posted by cappetac on Thursday, April 29, 2021 in Delaware Corporate Law Bulletins, En Banc, Volume 74.. Robert S. Reder | 74 Vand. L. Rev. En Banc 85 (2021) |DATA AUTONOMY
Data Autonomy. Posted by woodszm on Wednesday, March 24, 2021 in Articles, Volume 74, Volume 74, Number 2. In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth CREDITORS, KEEPERS: PASSIVE RETENTION OF ESTATE PROPERTY 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 stayprovision.
VANDERBILT, AUTHOR AT VANDERBILT LAW REVIEW The Consequences of Congress’s Choice of Delegate: Judicial and Agency Interpretations of Title VII. Mar. 27, 2010— Although Congress delegates lawmaking authority to both courts and agencies, we know remarkably little about the determinants—and even less about the consequences—of the choice between judicial and administrative process. The few scholars who have sought to THE LOUDEST VOICE AT THE SUPREME COURT: THE SOLICITOR Darcy Covert & Annie J. Wang | 74 Vand. L. Rev. 681 (2021) | The Solicitor General (“SG”) is often called the “Tenth Justice,” a title that captures his unique relationship with the Supreme Court and his independence from the executive branch. No phenomenon better reflects this relationship than the Court’s practice of permittingamici
THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions. Posted by Vanderbilt on Wednesday, January 22, 2014 in Articles, Volume 67, Volume 67, Number 1.. The Right to Vote Under State Constitutions. This Article provides the first comprehensive look at state constitutional provisions explicitly granting the THE NEW “WEB-STREAM” OF COMMERCE: AMAZON AND THE NECESSITY 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 content. HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWVANDERBILT LAW REVIEW EN BANCVANDERBILT LAW CLINICSVANDERBILT LAW SCHOOLVANDERBILT PRINCETON REVIEWVANDERBILT UNIVERSITY PRINCETON REVIEWVANDERBILT UNIVERSITY LAW SCHOOL TUITION Archives - Vanderbilt Law Review Vanderbilt Law Review Archives THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The PLEA BARGAINING AND COLLATERAL CONSEQUENCES: ANPLEA AGREEMENT EXAMPLEPLEA AGREEMENT PDFPLEA AGREEMENT SAMPLEPLEA AGREEMENT TEMPLATE 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, pleabargaining
THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. GOLAN V. HOLDER: A LOOK AT THE CONSTRAINTS IMPOSED BY THE Gervais_PAGE.docx (Do Not Delete) 10/3/11 9:42 AM 148 VANDERBILT LAW REVIEW EN BANC REDUNDANT ENFORCEMENT 287 REDUNDANT PUBLIC-PRIVATE ENFORCEMENT Chief Justice Roberts: “hat prevents attorneys general from around the country sitting back and waiting until . . . the plaintiffs’ class prevails, taking the same complaint, maybe HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWVANDERBILT LAW REVIEW EN BANCVANDERBILT LAW CLINICSVANDERBILT LAW SCHOOLVANDERBILT PRINCETON REVIEWVANDERBILT UNIVERSITY PRINCETON REVIEWVANDERBILT UNIVERSITY LAW SCHOOL TUITION Archives - Vanderbilt Law Review Vanderbilt Law Review Archives THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The PLEA BARGAINING AND COLLATERAL CONSEQUENCES: ANPLEA AGREEMENT EXAMPLEPLEA AGREEMENT PDFPLEA AGREEMENT SAMPLEPLEA AGREEMENT TEMPLATE 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, pleabargaining
THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. GOLAN V. HOLDER: A LOOK AT THE CONSTRAINTS IMPOSED BY THE Gervais_PAGE.docx (Do Not Delete) 10/3/11 9:42 AM 148 VANDERBILT LAW REVIEW EN BANC REDUNDANT ENFORCEMENT 287 REDUNDANT PUBLIC-PRIVATE ENFORCEMENT Chief Justice Roberts: “hat prevents attorneys general from around the country sitting back and waiting until . . . the plaintiffs’ class prevails, taking the same complaint, maybe VOLUMES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEW Volume 73, Number 2. The Misuse of Tobin’s q. PDF Robert Bartlett and Frank Partnoy · Mar-25-2020 · 73 Vand. L. Rev.353 (2020) Broken Records: Reconceptualizing Rational Basis Review to Address “Alternative Facts” in the Legislative Process.ARTICLES ARCHIVES
Dec. 22, 2020— Jonathan M. Gilligan & Michael P. Vandenbergh | 73 Vand. L. Rev. 1777 (2020) | This Article examines the argument that climate change is a “super wicked” problem. It concludes that the wicked problem concept is best viewed as a rhetorical device that served a valuable function in arguing against technocratic hubris inthe
VANDERBILT, AUTHOR AT VANDERBILT LAW REVIEW Breach Is For Suckers. May. 31, 2010— This Article presents results from three experiments offering evidence that parties see breach of contract as a form of exploitation that makes disappointed promisees into “suckers.” In psychology, being a sucker turns on a three-part definition: betrayal, inequity, and intention. We used web-based questionnaires to test the effect of each of the THE INAUTHENTIC CLAIM The Inauthentic Claim. Posted by Vanderbilt on Sunday, January 30, 2011 in Articles, Volume 64, Number 1, Volumes.. This Article argues that third parties should be able to invest in lawsuits to a much greater degree than is currently permitted in most jurisdictions inthe United States.
REGULATING FINTECH
Regulating Fintech. Posted by on Tuesday, May 22, 2018 in Articles, Volume 71, Volume 71, Number 4.. Regulating-Fintech. ABSTRACT. The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. IRRATIONAL IGNORANCE AT THE PATENT OFFICE Michael D. Frakes & Melissa F. Wasserman | 72 Vand. L. Rev. 975 (2019) | Irrational-Ignorance-at-the-Patent-Office There is widespread belief that the Patent Office issues too many “bad” patents that impose significant harms on society. At first glance, the solution to the patent quality crisis seems straightforward: give patent examiners more time to review applications ARTICLES REDUNDANT PUBLIC-PRIVATE ENFORCEMENT 2016] REDUNDANT ENFORCEMENT 287 REDUNDANT PUBLIC-PRIVATE ENFORCEMENT Chief Justice Roberts: “hat prevents attorneys general from around the country sitting back and waiting until . . . the plaintiffs’ class prevails, taking the same complaint, maybe PRIVATE BENEFITS IN PUBLIC OFFERINGS: TAX RECEIVABLE Private-Benefits-in-Public-Offerings-Tax-Receivable-Agreements-in-IPOs ABSTRACT Historically, an initial public offering (“IPO”) was a process whereby a company sold all of its underlying assets to the public. A new tax innovation, the “tax receivable agreement” (“TRA”), creates private tax benefits in public offerings by allowing pre-IPO owners to effectively keep valuable taxMASTHEAD 2000-2001
2000-2001 Law Review Masthead Eugenia Allison Phipps Editor in Chief Matthew Dexter Richardson Executive Editor C.A. Harwell Wells Senior Articles Editor Guy Nelson Senior Managing Editor Stephanie H. Blackman Senior Notes Editor Jeremy Daniel Kernodle Articles Editor Michael James Bronson Managing Editor Catherine Louisa Glenn Notes Editor D. Joseph Meister Articles Editor Robert Lee THE RIGHT TO VOTE UNDER STATE CONSTITUTIONS 2 - Douglas PAGE (Do Not Delete) 1/10/2014 5:57 PM 2014] STATE CONSTITUTIONAL RIGHT TO VOTE 93 Pennsylvania Constitution,20 but two Wisconsin trial courts came to the opposite conclusion, invalidating that state’s law under the HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWVANDERBILT LAW REVIEW EN BANCVANDERBILT LAW CLINICSVANDERBILT LAW SCHOOLVANDERBILT PRINCETON REVIEWVANDERBILT UNIVERSITY PRINCETON REVIEWVANDERBILT UNIVERSITY LAW SCHOOL TUITION Archives - Vanderbilt Law Review Vanderbilt Law Review Archives THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The PLEA BARGAINING AND COLLATERAL CONSEQUENCES: ANPLEA AGREEMENT EXAMPLEPLEA AGREEMENT PDFPLEA AGREEMENT SAMPLEPLEA AGREEMENT TEMPLATE 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, pleabargaining
THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. GOLAN V. HOLDER: A LOOK AT THE CONSTRAINTS IMPOSED BY THE Gervais_PAGE.docx (Do Not Delete) 10/3/11 9:42 AM 148 VANDERBILT LAW REVIEW EN BANC REDUNDANT ENFORCEMENT 287 REDUNDANT PUBLIC-PRIVATE ENFORCEMENT Chief Justice Roberts: “hat prevents attorneys general from around the country sitting back and waiting until . . . the plaintiffs’ class prevails, taking the same complaint, maybe HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWVANDERBILT LAW REVIEW EN BANCVANDERBILT LAW CLINICSVANDERBILT LAW SCHOOLVANDERBILT PRINCETON REVIEWVANDERBILT UNIVERSITY PRINCETON REVIEWVANDERBILT UNIVERSITY LAW SCHOOL TUITION Archives - Vanderbilt Law Review Vanderbilt Law Review Archives THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The PLEA BARGAINING AND COLLATERAL CONSEQUENCES: ANPLEA AGREEMENT EXAMPLEPLEA AGREEMENT PDFPLEA AGREEMENT SAMPLEPLEA AGREEMENT TEMPLATE 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, pleabargaining
THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. GOLAN V. HOLDER: A LOOK AT THE CONSTRAINTS IMPOSED BY THE Gervais_PAGE.docx (Do Not Delete) 10/3/11 9:42 AM 148 VANDERBILT LAW REVIEW EN BANC REDUNDANT ENFORCEMENT 287 REDUNDANT PUBLIC-PRIVATE ENFORCEMENT Chief Justice Roberts: “hat prevents attorneys general from around the country sitting back and waiting until . . . the plaintiffs’ class prevails, taking the same complaint, maybe VOLUMES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEW Volume 73, Number 2. The Misuse of Tobin’s q. PDF Robert Bartlett and Frank Partnoy · Mar-25-2020 · 73 Vand. L. Rev.353 (2020) Broken Records: Reconceptualizing Rational Basis Review to Address “Alternative Facts” in the Legislative Process.ARTICLES ARCHIVES
Dec. 22, 2020— Jonathan M. Gilligan & Michael P. Vandenbergh | 73 Vand. L. Rev. 1777 (2020) | This Article examines the argument that climate change is a “super wicked” problem. It concludes that the wicked problem concept is best viewed as a rhetorical device that served a valuable function in arguing against technocratic hubris inthe
VANDERBILT, AUTHOR AT VANDERBILT LAW REVIEW Breach Is For Suckers. May. 31, 2010— This Article presents results from three experiments offering evidence that parties see breach of contract as a form of exploitation that makes disappointed promisees into “suckers.” In psychology, being a sucker turns on a three-part definition: betrayal, inequity, and intention. We used web-based questionnaires to test the effect of each of the THE INAUTHENTIC CLAIM The Inauthentic Claim. Posted by Vanderbilt on Sunday, January 30, 2011 in Articles, Volume 64, Number 1, Volumes.. This Article argues that third parties should be able to invest in lawsuits to a much greater degree than is currently permitted in most jurisdictions inthe United States.
REGULATING FINTECH
Regulating Fintech. Posted by on Tuesday, May 22, 2018 in Articles, Volume 71, Volume 71, Number 4.. Regulating-Fintech. ABSTRACT. The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. IRRATIONAL IGNORANCE AT THE PATENT OFFICE Michael D. Frakes & Melissa F. Wasserman | 72 Vand. L. Rev. 975 (2019) | Irrational-Ignorance-at-the-Patent-Office There is widespread belief that the Patent Office issues too many “bad” patents that impose significant harms on society. At first glance, the solution to the patent quality crisis seems straightforward: give patent examiners more time to review applications ARTICLES REDUNDANT PUBLIC-PRIVATE ENFORCEMENT 2016] REDUNDANT ENFORCEMENT 287 REDUNDANT PUBLIC-PRIVATE ENFORCEMENT Chief Justice Roberts: “hat prevents attorneys general from around the country sitting back and waiting until . . . the plaintiffs’ class prevails, taking the same complaint, maybe PRIVATE BENEFITS IN PUBLIC OFFERINGS: TAX RECEIVABLE Private-Benefits-in-Public-Offerings-Tax-Receivable-Agreements-in-IPOs ABSTRACT Historically, an initial public offering (“IPO”) was a process whereby a company sold all of its underlying assets to the public. A new tax innovation, the “tax receivable agreement” (“TRA”), creates private tax benefits in public offerings by allowing pre-IPO owners to effectively keep valuable taxMASTHEAD 2000-2001
2000-2001 Law Review Masthead Eugenia Allison Phipps Editor in Chief Matthew Dexter Richardson Executive Editor C.A. Harwell Wells Senior Articles Editor Guy Nelson Senior Managing Editor Stephanie H. Blackman Senior Notes Editor Jeremy Daniel Kernodle Articles Editor Michael James Bronson Managing Editor Catherine Louisa Glenn Notes Editor D. Joseph Meister Articles Editor Robert Lee THE RIGHT TO VOTE UNDER STATE CONSTITUTIONS 2 - Douglas PAGE (Do Not Delete) 1/10/2014 5:57 PM 2014] STATE CONSTITUTIONAL RIGHT TO VOTE 93 Pennsylvania Constitution,20 but two Wisconsin trial courts came to the opposite conclusion, invalidating that state’s law under the HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWVANDERBILT LAW REVIEW EN BANCVANDERBILT LAW CLINICSVANDERBILT LAW SCHOOLVANDERBILT PRINCETON REVIEWVANDERBILT UNIVERSITY PRINCETON REVIEWVANDERBILT UNIVERSITY LAW SCHOOL TUITION Archives - Vanderbilt Law Review Vanderbilt Law Review Archives THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The PLEA BARGAINING AND COLLATERAL CONSEQUENCES: ANPLEA AGREEMENT EXAMPLEPLEA AGREEMENT PDFPLEA AGREEMENT SAMPLEPLEA AGREEMENT TEMPLATE 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, pleabargaining
THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. GOLAN V. HOLDER: A LOOK AT THE CONSTRAINTS IMPOSED BY THE Gervais_PAGE.docx (Do Not Delete) 10/3/11 9:42 AM 148 VANDERBILT LAW REVIEW EN BANC REDUNDANT ENFORCEMENT 287 REDUNDANT PUBLIC-PRIVATE ENFORCEMENT Chief Justice Roberts: “hat prevents attorneys general from around the country sitting back and waiting until . . . the plaintiffs’ class prevails, taking the same complaint, maybe HOME PAGE - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWHOMEABOUTNEWSSYMPOSIUMALUMNI NEWSLETTERARTICLES An Open Letter from Vanderbilt Law Review. Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective ARCHIVES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEWVANDERBILT LAW REVIEW EN BANCVANDERBILT LAW CLINICSVANDERBILT LAW SCHOOLVANDERBILT PRINCETON REVIEWVANDERBILT UNIVERSITY PRINCETON REVIEWVANDERBILT UNIVERSITY LAW SCHOOL TUITION Archives - Vanderbilt Law Review Vanderbilt Law Review Archives THE QUICK (SPENDING) AND THE DEAD: THE AGENCY COSTS OF Brian Galle | 74 Vand. L. Rev. 757 (2021) | American philanthropic institutions control upwards of a trillion dollars of wealth. Because contributions to these entities are deductible from both income and estate taxes, and the entities’ earnings are tax-free, that trillion dollars is heavily underwritten by contemporary taxpayers. Law offers little assurance that those GOVERNANCE OF EMERGING TECHNOLOGIES AS A WICKED PROBLEM Gary E. Marchant | 73 Vand. L. Rev. 1861 (2020) | Governance of emerging technologies . . . presents a conundrum. No single optimum solution exists, but rather a collection of second-best strategies intersect, coexist, and—in some ways—compete. This situation seems unsatisfactory until it is observed through the lens of the “wicked problem” framework. The PLEA BARGAINING AND COLLATERAL CONSEQUENCES: ANPLEA AGREEMENT EXAMPLEPLEA AGREEMENT PDFPLEA AGREEMENT SAMPLEPLEA AGREEMENT TEMPLATE 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, pleabargaining
THE EFFECTS OF TRIAL JUDGE GENDER AND PUBLIC OPINION ON The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions ABSTRACT We explore the effects of a trial judge’s gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this THE RIGHT TO VOTE UNDER STATE The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to COMMON ANSWERS FOR CLASS CERTIFICATION 4. NAGAREDA_PAGE 10/31/2010 10:33 AM 149 Common Answers for Class Certification Richard A. Nagareda*† INTRODUCTION Sometimes uncertainty among the lower federal courts can spur needed clarification, without Supreme Court intervention. GOLAN V. HOLDER: A LOOK AT THE CONSTRAINTS IMPOSED BY THE Gervais_PAGE.docx (Do Not Delete) 10/3/11 9:42 AM 148 VANDERBILT LAW REVIEW EN BANC REDUNDANT ENFORCEMENT 287 REDUNDANT PUBLIC-PRIVATE ENFORCEMENT Chief Justice Roberts: “hat prevents attorneys general from around the country sitting back and waiting until . . . the plaintiffs’ class prevails, taking the same complaint, maybe VOLUMES - VANDERBILT LAW REVIEW VANDERBILT LAW REVIEW Volume 73, Number 2. The Misuse of Tobin’s q. PDF Robert Bartlett and Frank Partnoy · Mar-25-2020 · 73 Vand. L. Rev.353 (2020) Broken Records: Reconceptualizing Rational Basis Review to Address “Alternative Facts” in the Legislative Process.ARTICLES ARCHIVES
Dec. 22, 2020— Jonathan M. Gilligan & Michael P. Vandenbergh | 73 Vand. L. Rev. 1777 (2020) | This Article examines the argument that climate change is a “super wicked” problem. It concludes that the wicked problem concept is best viewed as a rhetorical device that served a valuable function in arguing against technocratic hubris inthe
VANDERBILT, AUTHOR AT VANDERBILT LAW REVIEW Breach Is For Suckers. May. 31, 2010— This Article presents results from three experiments offering evidence that parties see breach of contract as a form of exploitation that makes disappointed promisees into “suckers.” In psychology, being a sucker turns on a three-part definition: betrayal, inequity, and intention. We used web-based questionnaires to test the effect of each of the THE INAUTHENTIC CLAIM The Inauthentic Claim. Posted by Vanderbilt on Sunday, January 30, 2011 in Articles, Volume 64, Number 1, Volumes.. This Article argues that third parties should be able to invest in lawsuits to a much greater degree than is currently permitted in most jurisdictions inthe United States.
REGULATING FINTECH
Regulating Fintech. Posted by on Tuesday, May 22, 2018 in Articles, Volume 71, Volume 71, Number 4.. Regulating-Fintech. ABSTRACT. The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. IRRATIONAL IGNORANCE AT THE PATENT OFFICE Michael D. Frakes & Melissa F. Wasserman | 72 Vand. L. Rev. 975 (2019) | Irrational-Ignorance-at-the-Patent-Office There is widespread belief that the Patent Office issues too many “bad” patents that impose significant harms on society. At first glance, the solution to the patent quality crisis seems straightforward: give patent examiners more time to review applications ARTICLES REDUNDANT PUBLIC-PRIVATE ENFORCEMENT 2016] REDUNDANT ENFORCEMENT 287 REDUNDANT PUBLIC-PRIVATE ENFORCEMENT Chief Justice Roberts: “hat prevents attorneys general from around the country sitting back and waiting until . . . the plaintiffs’ class prevails, taking the same complaint, maybe PRIVATE BENEFITS IN PUBLIC OFFERINGS: TAX RECEIVABLE Private-Benefits-in-Public-Offerings-Tax-Receivable-Agreements-in-IPOs ABSTRACT Historically, an initial public offering (“IPO”) was a process whereby a company sold all of its underlying assets to the public. A new tax innovation, the “tax receivable agreement” (“TRA”), creates private tax benefits in public offerings by allowing pre-IPO owners to effectively keep valuable taxMASTHEAD 2000-2001
2000-2001 Law Review Masthead Eugenia Allison Phipps Editor in Chief Matthew Dexter Richardson Executive Editor C.A. Harwell Wells Senior Articles Editor Guy Nelson Senior Managing Editor Stephanie H. Blackman Senior Notes Editor Jeremy Daniel Kernodle Articles Editor Michael James Bronson Managing Editor Catherine Louisa Glenn Notes Editor D. Joseph Meister Articles Editor Robert Lee THE RIGHT TO VOTE UNDER STATE CONSTITUTIONS 2 - Douglas PAGE (Do Not Delete) 1/10/2014 5:57 PM 2014] STATE CONSTITUTIONAL RIGHT TO VOTE 93 Pennsylvania Constitution,20 but two Wisconsin trial courts came to the opposite conclusion, invalidating that state’s law under theToggle navigation
*
__
* __ Explore VU
* Vanderbilt Home
* About
* Admissions
* Academics
* Research
* Students
* Faculty & Staff
* Athletics
* News & Events
* Get Social @Vanderbilt __ VANDERBILT'S RETURN TO CAMPUS WEBSITE __ CDC'S CORONAVIRUS DISEASE WEBSITE Skip to main content* Home
* About
* About Vanderbilt Law Review* Alumni
* Awards
* Masthead
* Submissions
* Subscriptions
* News
* An Open Letter from Vanderbilt Law Review* Alumni Newsletter
* Content
* Articles
* Notes
* Essays
* Comments
* Archives by Month and by Subject* Volumes
* Volume 73
* Volume 73, Number 1 * Volume 73, Number 2 * Volume 73, Number 3 * Volume 73, Number 4 * Volume 73, Number 5* Volume 72
* Volume 72, Number 1 * Volume 72, Number 2 * Volume 72, Number 3 * Volume 72, Number 4 * Volume 72, Number 5 * Volume 72, Number 6* Volume 71
* Volume 71, Number 1 * Volume 71, Number 2 * Volume 71, Number 3 * Volume 71, Number 4 * Volume 71, Number 5 * Volume 71, Number 6* Volume 70
* Volume 70, Number 1 * Volume 70, Number 2 * Volume 70, Number 3 * Volume 70, Number 4 * Volume 70, Number 5 * Volume 70, Number 6* Volume 69
* Volume 69, Number 1 * Volume 69, Number 2 * Volume 69, Number 3 * Volume 69, Number 4 * Volume 69, Number 5 * Volume 69, Number 6* Symposium
* Upcoming Symposium * Symposium 2019 (October): Governing Wicked Problems * Symposium 2017 (October): The Future of Discovery * Symposium 2017 (March): The Dodd-Frank Act and Financial Reform:What Next?
* Symposium 2016 (May): Erwin Chemerinsky’s Case Against theSupreme Court
* Archives
* En Banc
* About En Banc
* Responses
* Roundtables
* Book Reviews
* Essays
* Delaware Corporate Law Bulletins * Notes and Comments * Off the Page Podcast VANDERBILT LAW REVIEW UPDATES FROM THE VANDERBILT LAW REVIEW AN OPEN LETTER FROM VANDERBILT LAW REVIEW Like all of you, we have intently watched the events that have unfolded these past few weeks, deeply saddened and angered by the persistent violence perpetrated against Black people and communities. While the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery have captured our collective attention, there have been countless other Black lives whose unjust murders burden our souls with inescapable grief. We are in mourning. Read our full statement here: https://vanderbiltlawreview.org/lawreview/vlr-open-letter/COVID-19 UPDATE
We would like to inform our authors, subscribers, and readers that due to COVID-19 disrupting our publisher’s workflow, we anticipate significant delays in the physical printing and delivery of our March 2020, April 2020, and May 2020 issues. We will continue to publish online according to schedule, and we will ensure physical copies are printed and delivered as soon as it is possible to do so without risking the health and safety of the greater VLR family. DELAWARE CORPORATE LAW BULLETINS Our online companion journal, En Banc, has recently published new Delaware Corporate Law Bulletins. The new pieces, written by students working with Professor Robert Reder, reflect the holdings and influence of recent Delaware opinions. -------------------------Tweets by VandLRev
//
CURRENT PUBLICATION VANDERBILT LAW REVIEWVOLUME 73, NUMBER 5
(OCTOBER 2020)
ARTICLES
* Deborah N. Archer, _“White Men’s Roads Through Black Men’s Homes”: Advancing Racial Equity Through Highway Reconstruction_, 73 Vand. L. Rev. 1259 (2020) * Thomas J. Bollyky Aaron S. Kesselheim, _Reputation and Authority: The FDA and the Fight over U.S. Prescription Drug Importation_, 73 Vand. L. Rev. 1331 (2020) * Stavros Gadinis Amelia Miazad, _Corporate Law and Social Risk_, 73 Vand. L. Rev. 1401 (2020)NOTES
* Anne Pechenik Gieseke, _“The New Weapon of Choice”: Law’s Current Inability to Properly Address Deepfake Pornography_, 73 Vand. L. Rev. 1479 (2020) * Devin Urness, _The Standing of Article III Standing for Data Breach Litigants: Proposing a Judicial and a Legislative Solution_, 73 Vand. L. Rev 1517 (2020)OFF THE PAGE –
VLR’S OFFICIAL PODCAST * Annie Gieseke's Regulating Deepfake Pornography November 25, 2020 Women are susceptible to deepfake pornography, now more than ever. Vanderbilt Law School 3L and Vanderbilt Law Review Articles Editor Annie Gieseke is our guest this month, and she discusses how deepfake technology is being weaponized to create pornographic material targeted at everyday women, how this trend is shattering the sexual privacy of its victims, * Deborah Archer's "White Men's Roads Through Black Men's Homes"October 23, 2020
Vanderbilt Law Review is proud to present our official podcast, Off the Page! For every published edition of our journal, we will also publish an episode of Off the Page in which we interview one of the authors whose work appears in that edition. Through our discussions with some of the best legal minds, weEN BANC
* OUR TRADE LAW SYSTEMKathleen Claussen
73 Vand. L. Rev. En Banc 195 (2020) * IRRATIONAL INEQUALITY: THE ROLE OF FACT-BASED REVIEW IN EQUALITYCHANGE
Katie Eyer
73 Vand. L. Rev. En Banc 177 (2020) * MAKING LITIGATING CITIZENSHIP MORE FAIRMing H. Chen
73 Vand. L. Rev. En Banc 133 (2020) * IN DEFENSE OF EXCELLENCEJasper L. Tran
73 Vand. L. Rev. En Banc 71 (2020) * NEIGHBORHOOD NAMES: WHY SHOULD THE LAW CARE?Nadav Shoked
72 Vand. L. Rev. En Banc 267 (2019)RESPONSES
* OUR TRADE LAW SYSTEMKathleen Claussen
73 Vand. L. Rev. En Banc 195 (2020) * IRRATIONAL INEQUALITY: THE ROLE OF FACT-BASED REVIEW IN EQUALITYCHANGE
Katie Eyer
73 Vand. L. Rev. En Banc 177 (2020) * MAKING LITIGATING CITIZENSHIP MORE FAIRMing H. Chen
73 Vand. L. Rev. En Banc 133 (2020)CORPORATE BULLETINS
* ARUBA APPRAISAL: DELAWARE SUPREME COURT REJECTS CHANCERY COURT’S EXCLUSIVE RELIANCE ON TRADING PRICE IN DETERMINING “FAIR VALUE”UNDER DGCL § 262
VLR SOCIAL MEDIA
* RSS Feed
YOUR VANDERBILT
* Alumni
* Current Students
* Faculty & Staff
* International Students* Media
* Parents & Family
* Prospective Students* Researchers
* Sports Fans
* Visitors & NeighborsQUICK LINKS
* PeopleFinder
* Libraries
* News
* Calendar
* Maps
* A-Z
2020 Vanderbilt University · All rights reserved. Site Development: Digital Strategies (Division of Communications) Vanderbilt University is committed to principles of equal opportunity and affirmative action. Accessibility information.
Vanderbilt®, Vanderbilt University®, V Oak Leaf Design®, Star V Design® and Anchor Down® are trademarks of The Vanderbilt UniversityDetails
Copyright © 2024 ArchiveBay.com. All rights reserved. Terms of Use | Privacy Policy | DMCA | 2021 | Feedback | Advertising | RSS 2.0