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April, 2024

Radical Administrative Law

Apr. 20, 2024—Christopher S. Havasy | 77 Vand. L. Rev. 647 The administrative state is under attack. Judges and scholars increasingly question why agencies should have such large powers to coerce citizens without adequate democratic accountability. Rather than refuting these critics, this Article accepts that in scrutinizing the massive powers that agencies hold over citizens, these critics...

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Mass Tort Bankruptcy Goes Public

Apr. 20, 2024—William Organek | 77 Vand. L. Rev. 723 Large companies like 3M, Johnson & Johnson, Purdue Pharma, and others have increasingly, and controversially, turned from multidistrict litigation to bankruptcy to resolve their mass tort liability. While corporate attraction to bankruptcy’s unique features partially explains this evolution, this Article reveals an underexamined driver of this trend...

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The Missing “T” in ESG

Apr. 20, 2024—Danielle A. Chaim & Gideon Parchomovsky | 77 Vand. L. Rev. 789 Environmental, social, and governance (“ESG”) philosophy is the zeitgeist of our time. The rise of ESG investments came against the perceived failure of the government to adequately promote socially important goals. And so, corporations are now being praised and credited for stepping up...

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An Evolving Landscape: Name, Image, and Likeness Rights in High School Athletics

Apr. 20, 2024—Epstein, Grow, & Kisska-Schulze | 77 Vand. L. Rev. 845 Amateur sports have entered a changing landscape. The onset of Name, Image, and Likeness (“NIL”) opportunities at the college level has prompted over half of state high school athletic associations to likewise permit high school student-athletes to pursue similar financial opportunities. The purpose of this...

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“Free Speech for Me but Not for Airbnb”: Restricting Hate-Group Activity in Public Accommodations

Apr. 20, 2024—Sabrina Apple | 77 Vand. L. Rev. 891 As digital services grow increasingly indispensable to modern life, courts grow inundated with novel claims of entitlement against these platforms. As narrow, formalistic interpretations of Title II permit industry leaders to sidestep equal access obligations, misinformed interpretations of First Amendment protections allow violent speech and conduct to...

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Exasperated But Not Exhausted: Unlocking the Trap Set by the Exhaustion Doctrine on the FDA’s REMS Petitioners

Apr. 20, 2024—Michael Krupka | 77 Vand. L. Rev. 937 When health is at stake, bureaucratic delays can be disastrous. This is especially true in the field of pharmaceutical regulation. Fortunately, concerned parties—ranging from research institutions and universities to doctors and pharmaceutical companies—can file citizen petitions to urge the Food and Drug Administration (“FDA”) to regulate potentially...

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