January, 2023
Congress’s Anti-Removal Power
Jan. 27, 2023—Aaron L. Nielson & Christopher J. Walker | 76 Vand. L. Rev. 1 Statutory restrictions on presidential removal of agency leadership enable agencies to act independently from the White House. Yet since 2020, the U.S. Supreme Court has held two times that such restrictions are unconstitutional precisely because they prevent the President from controlling policymaking...
Constitutional Limits on the Imposition and Revocation of Probation, Parole, and Supervised Release After Haymond
Jan. 27, 2023—Nancy J. King | 76 Vand. L. Rev. 83 In its Apprendi line of cases, the Supreme Court has held that any fact found at sentencing (other than prior conviction) that aggravates the punishment range otherwise authorized by the conviction is an “element” that must be proved beyond a reasonable doubt to a jury. Whether...
Felony Financial Disenfranchisement
Jan. 27, 2023—Neel U. Sukhatme, Alexander Billy & Gaurav Bagwe | 76 Vand. L. Rev. 143 Individuals with prior felony convictions often must complete all terms of their sentence before they regain voter eligibility. Many jurisdictions include legal-financial obligations (“LFOs”)—fines, fees, and/or restitution stemming from convictions—in the terms of the sentence. Twenty-eight states, governing over 182 million...
Rationing Access
Jan. 27, 2023—Roy Baharad & Gideon Parchomovsky | 76 Vand. L. Rev. 215 Protection of common natural resources is one of the foremost challenges facing our society. Since Garrett Hardin published his immensely influential The Tragedy of the Commons, theorists have contemplated the best way to save common-pool resources—national parks, fisheries, heritage sites, and fragile ecosystems—from overuse...
After Action: The U.S. Drone Program’s Expansion of International Law Justification for Use of Force Against Imminent Threats
Jan. 27, 2023—Elodie O. Currier | 76 Vand. L. Rev. 259 Until the 2000s, the United States’ attempts to shift international legal norms on imminence to allow for greater use of armed force abroad were largely unsuccessful. In the past two decades, however, drone use and careful legal gamesmanship by U.S. officials have opened an unprecedentedly broad...
Call Me, Beep Me, If You Want to Reach Me: Utilizing Telemedicine to Expand Abortion Access
Jan. 27, 2023—Samantha A. Hunt | 76 Vand. L. Rev. 323 In June 2022, the Supreme Court handed down its decision in Dobbs v. Jackson Women’s Health Organization. The decision confirmed what the public already knew. An anonymously leaked draft version of what ultimately became Justice Samuel Alito’s majority opinion had braced the country for Dobbs’s key...