Recently added articles from Vanderbilt Law Review:
Aggregate Litigation Across the Atlantic and the Future of American Exceptionalism
Jan 01, 2009; ... This Article analyzes the emerging phenomenon of trans-Atlantic civil litigation on an aggregate basis-chiefly, though not exclusively, by way of class actions. European systems have shown a growing receptiveness to aggregate litigation, but scholarly treatments of this development have been ...
Between a Rock and a Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, and Housing Discrimination
Jan 01, 2009; ... In the face of federal inability to effectively police our national borders and to remove unauthorized immigrants, many local governments have recently sought to take measures into their own hands by passing anti-illegal immigrant ("All") ordinances. These ordinances usually contain a ...
Corporate Voting
Jan 01, 2009; ... Discussion of shareholder voting frequently begins against a background of the democratic expectations and justifications present in decisionmaking in the public sphere. Directors are assumed to be agents of the shareholders in much the same way that public officers are representatives of ...
Will Aggregate Litigation Come to Europe?
Jan 01, 2009; ... This Essay considers Europe's experiment with aggregate litigation in light of American experience. European thinking on the topic appears to have reached consensus on two points: first, aggregate litigation will soon be the norm for Europe; and second, whatever form European aggregate ...
RICO Overreach: How the Federal Government's Escalating Offensive Against Gangs Has Run Afoul of the Constitution
Jan 01, 2009; ... NOTES I. INTRODUCTION The United States has a problem with gangs. According to the Department of Justice, there are more than twenty thousand gangs1 in the United States today, with over one million members.2 There are gangs in every state and in the District of Columbia.3 This ...
Pragmatic Selective Waiver: Re-Aligning Corporate Executives' Personal Interests with Those of the Corporation Amidst Government Investigations
Jan 01, 2009; ... I. INTRODUCTION In the corporate setting, government investigators increasingly ask corporations to waive the attorney-client privilege as part of the "cooperation" necessary to receive incentives.1 In practice, however, these cooperation incentives have led to what has become known as a ...
Attorneys, Accountants, and Bankers, Oh My! Primary Liability for Secondary Actors in the Wake of Stoneridge
Jan 01, 2009; ... I. BUDDY SCHWARTZ AND THE AMERICAN DREAM Mervin "Buddy" Schwartz, Jr., embodied the American Dream. A Pennsylvania resident, Schwartz began working for Hershey Foods in 1961 as a maintenance mechanic.1 He eventually became a member of the local union's executive board.2 A hard worker ...
Standardization and Pluralism in Property Law
Nov 01, 2008; ... Property interests evince a near-universal tendency to coalesce into a limited list of mandatory forms, such as the estates in land, servitudes, and the forms of intellectual property. This standardization poses an intriguing puzzle for property theory. If property law is meant to bolster ...
A Unified Theory of 28 U.S.C. § 1331 Jurisdiction
Nov 01, 2008; ... Title 28, section 1331 of the United States Code provides the jurisdictional hook for the majority of cases heard in the federal courts, yet it is not well understood. The predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally ...
If the Shoe Fits: Reconciling the International Shoe Minimum Contacts Test with the Anticybersquatting Consumer Protection Act
Nov 01, 2008; ... 'Cause online I'm out in Hollywood / I'm 6'5" and I look damn good / I drive a Maserati / I'm a black-belt in karate / And I love a good glass of wine . . . / 'Cause even on a slow day, I could have a 3-way / Chat with two women at one time / I'm so much cooler online . . . / When you got my ...
"The Threes": Re-Imagining Supreme Court Decisionmaking
Nov 01, 2008; ... Article III authorizes "one Supreme Court," but it says virtually nothing about the Court's institutional design. Consistent with this Constitutional silence, the Court's size, docket, and courtroom practices have changed dramatically. For example, the Court has had as many as ten and as few as ...
"Does That Sound Familiar?": Creators' Liability for Unconscious Copyright Infringement
Nov 01, 2008; ... I. INTRODUCTION In 1953, a twenty-seven year old man underwent brain surgery to treat the severe epilepsy that had plagued him during his youth.1 The surgeon, Dr. William Scoville, removed portions of the young man's brain that were involved in memory processing. Most notably, Dr ....
An Empirical Investigation into Appellate Structure and the Perceived Quality of Appellate Review
Nov 01, 2008; ... Commentators have theorized that several factors may improve the process, and thus perhaps the accuracy, of appellate review: (1) review by a panel of judges, (2) subject-matter expertise in the area of the appeal, (3) other lawfinding ability, (4) adherence to traditional notions of appellate ...
Brady Obligations, Criminal Sanctions, and Solutions in a New Era of Scrutiny
Nov 01, 2008; ... I. INTRODUCTION Six days after terrorist attacks shook New York City and Washington, D.C., the FBI raided an apartment complex in a suburb of Detroit and apprehended three North African men.1 Among the men's possessions were hand-drawn sketches potentially detailing targets for terrorist ...
A Darwinist View of the Living Constitution
Oct 01, 2008; ... The metaphor "living Constitution" imports terms from biology into law and, in the process, relies on biology for its meaning. A proper understanding of biology is therefore central to understanding living constitutionalism. Yet despite its rampant use by both opponents and proponents of living ...
Managing Manure: Using Good Neighbor Agreements to Regulate Pollution from Agricultural Production
Oct 01, 2008; ... I. INTRODUCTION In an episode of the popular television series Seinfeld, George Costanza narrowly avoids stepping in a pile of horse manure and emphatically declares, "[M]anure's not that bad. I don't even mind the word 'manure.' You know, it's, it's 'nure,' which is good and a 'ma' in ...
The Effects Test: Extraterritoriality's Fifth Business
Oct 01, 2008; ... American laws increasingly regulate the conduct of foreigners abroad. The growth in extraterritorial laws, in no small part, can be traced to the effects test-a doctrine that instructs courts to presume that Congress intended to regulate extraterritorially when foreign conduct is found to have a ...
Individualized Justice in Disputes over Dead Bodies
Oct 01, 2008; ... Trusts and estates scholars have challenged the outdated family paradigm of inheritance law. They have shown that the inheritance system's bias in favor of the "traditional" family excludes members of today's families, rewards the unworthy, ignores the meritorious and needy, and denies decedents ...
The iPhone and the DMCA: Locking the Hands of Consumers
Oct 01, 2008; ... It's high noon, Apple and AT&T - we really hate to break it to you, but the jig is up. - Engadget.com1 I. INTRODUCTION On August 24, 2007, less than two months after its initial release for sale, the Apple iPhone was unlocked, untethering the phones from the AT&T ...
The (Not So) Puzzling Behavior of Angel Investors
Oct 01, 2008; ... Angel investors fund start-ups in their earliest stages, which creates a contracting environment rife with uncertainty, information asymmetry, and agency costs in the form of potential opportunism by entrepreneurs. Venture capitalists also encounter these problems in slightly later-stage ...