March, 2022
Police Ignorance and (Un)Reasonable Fourth Amendment Exclusion
Mar. 22, 2022—Nadia Banteka | 75 Vand. L. Rev. 365 (2022) | The Fourth Amendment exclusion doctrine is as baffling as it is ubiquitous. Although courts rely on it every day to decide Fourth Amendment violations as well as defendants’ motions to suppress evidence obtained through these violations, virtually every aspect of the doctrine is a subject of...
The Consensus Rule: A New Approach to Scientific Evidence
Mar. 22, 2022—Edward K. Cheng | 75 Vand. L. Rev. 407 (2022) | Founded on good intentions but unrealistic expectations, the dominant Daubert framework for handling expert and scientific evidence should be scrapped. Daubert asks judges and jurors to make substantively expert determinations, a task they are epistemically incompetent to perform as laypersons. As an alternative, this Article...
The Politics of Deference
Mar. 22, 2022—Gregory A. Elinson & Jonathan S. Gould | 75 Vand. L. Rev. 475 (2022) | Like so much else in our politics, the administrative state is fiercely contested. Conservatives decry its legitimacy and seek to limit its power; liberals defend its necessity and legality. Debates have increasingly centered on the doctrine of Chevron deference, under which...
Stress Testing Governance
Mar. 22, 2022—Rory Van Loo | 75 Vand. L. Rev. 553 (2022) | In their efforts to guard against the world’s greatest threats, administrative agencies and businesses have in recent years increasingly used stress tests. Stress tests simulate doomsday scenarios to ensure that the organization is prepared to respond. For example, agencies role-played a deadly pandemic spreading from...
Should It Stay or Should It Go: The Clash of Canons over Termination of the Automatic Stay for Repeat Filers
Mar. 22, 2022—John H. Gibbons | 75 Vand. L. Rev. 615 (2022) | One of the most important debtor protections provided by bankruptcy law is the automatic stay, which stops creditors from pursuing collection actions against the debtor. Over time, however, debtors began to abuse the stay by repeatedly filing for bankruptcy each time a creditor tried to...
Challenging the Challengers: How Partisan Citizen Observers Contribute to Disenfranchisement and Undermine Election Integrity
Mar. 22, 2022—Kate Uyeda | 75 Vand. L. Rev. 657 (2022) | Almost every state allows political parties to sponsor and train private citizens to serve as election observers and sometimes even to challenge the eligibility of other private citizens to vote. These partisan citizen observers, referred to in this Note as “PCOs,” have far too often perpetuated...
Duty and Diversity – Roundtable
Mar. 1, 2022—Chris Brummer & Leo E. Strine, Jr. | 75 Vand. L. Rev. 1 (2022) | In the wake of the brutal deaths of George Floyd and Breonna Taylor, lawmakers and corporate boards from Wall Street to the West Coast have introduced a slew of reforms aimed at increasing Diversity, Equity, and Inclusion (“DEI”) in corporations. Yet...