May, 2021
Jails, Sheriffs, and Carceral Policymaking
May. 28, 2021—Aaron Littman | 74 Vand. L. Rev. 861 (2021) | The machinery of mass incarceration in America is huge, intricate, and destructive. To understand it and to tame it, scholars and activists look for its levers of power—where are they, who holds them, and what motivates them? This much we know: legislators criminalize, police arrest,...
Why Supervise Banks? The Foundations of the American Monetary Settlement
May. 28, 2021—Lev Menand | 74 Vand. L. Rev. 951 (2021) | Administrative agencies are generally designed to operate at arm’s length, making rules and adjudicating cases. But the banking agencies are different: they are designed to supervise. They work cooperatively with banks and their remedial powers are so extensive they rarely use them. Oversight proceeds through...
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 overturn or...
Democracy on a Shoestring
May. 28, 2021—Joshua S. Sellers & Roger Michalski | 74 Vand. L. Rev. 1079 (2021) | Democracy requires money. Voters must be registered, voting rolls updated, election dates advertised, voting technology purchased and tested, poll workers trained, ballots designed, votes counted and verified, and on and on. Despite the importance of election expenditures, we have a shamefully...
The Duty to Update Corporate Emissions Pledges
May. 28, 2021—Nathan Campbell | 74 Vand. L. Rev. 1137 (2021) | Facing both internal and external market pressures, a rapidly growing number of private companies are making public, voluntary, and ambitious pledges to reduce or outright eliminate by a certain date or benchmark their greenhouse gas emissions. Yet, ambition and necessity notwithstanding, nonfulfillment of these emission...
Private Offerings in the Age of Surveillance Capitalism and Targeted Advertising
May. 28, 2021—Christina M. Claxton | 74 Vand. L. Rev. 1187 (2021) | Social media platforms, as well as the internet more broadly, have fundamentally altered many aspects of modern life. In particular, platforms’ targeted advertising mechanisms have revolutionized how companies reach consumers by providing advertisers more effective tools for reaching consumers and by tailoring content to...
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 studied and written about the role; by other scholars...