Author

Family Support and Supporting Families

Apr. 16, 2015—Family Support and Supporting Families Response to Laura A. Rosenbury, Federal Visions of Private Family Support, 67 Vand. L. Rev. 1835 (2014). AUTHOR Professor of Law, UC Davis School of Law.

A Tax Audible: Coaches and Buyouts

Apr. 8, 2015—A Tax Audible: Coaches and Buyouts AUTHOR Harry W. Walborsky Professor, Florida State University College of Law.

The Tale of the Fee Tail in Downton Abbey

Apr. 8, 2015—The Tale of the Fee Tail in Downton Abbey AUTHOR David Daniels Allen Distinguished Chair in Law, Vanderbilt University Law School.

The Sins of Innocence in Standing Doctrine

Mar. 19, 2015—The Sins of Innocence in Standing Doctrine ABSTRACT Should reverse discrimination plaintiffs always be able to challenge race-conscious selection policies in court? Conventional standing doctrine requires plaintiffs to show that the contested policy or practice has caused a concrete, personal harm. Yet in affirmative action cases, courts seem to have quietly dispensed with this required...

The Geography of Bankruptcy

Mar. 19, 2015—The Geography of Bankruptcy ABSTRACT Companies routinely file bankruptcy cases in venues that have no meaningful connection to the company, its operations, or its stakeholders. This practice (1) divorces bankruptcy and venue from their ties to location; (2) disrupts the fundamental balance underlying the Bankruptcy Code by shifting the focus exclusively to the needs of...

Voting Squared: Quadratic Voting in Democratic Politics

Mar. 19, 2015—Voting Squared: Quadratic Voting in Democratic Politics ABSTRACT Conventional democratic institutions aggregate preferences poorly. The norm of one-person–one-vote with majority rule treats people fairly by giving everyone an equal chance to influence outcomes but fails to give proportional weight to people whose interests in a social outcome are stronger than those of other people. This...

A Tale of Two Jurisdictions

Mar. 19, 2015—A Tale of Two Jurisdictions ABSTRACT The Supreme Court has recently clarified one corner of personal jurisdiction—a court’s power to hale a defendant into court—and pointed the way toward a coherent theory of the rest of the doctrine. For nearly seventy years, the Court has embraced two theories of when jurisdiction over a defendant is...

**Criminal Asset Forfeiture and the Sixth Amendment After Southern Union and Alleyne: State-Level Ramifications**

Mar. 19, 2015—Criminal Asset Forfeiture and the Sixth Amendment After Southern Union and Alleyne: State-Level Ramifications AUTHOR J.D. Candidate, 2015, Vanderbilt University Law School; B.A., 2010, University of Pennsylvania.

Desperate Times Call for Desperate Measures: States Lead Misguided Offensive to Enforce Sales Tax Against Online Retailers

Mar. 19, 2015—Desperate Times Call for Desperate Measures: States Lead Misguided Offensive to Enforce Sales Tax Against Online Retailers AUTHOR J.D. Candidate, 2015, Vanderbilt University Law School; M.A., 2010, University of Memphis; B.S., 2006 Full Sail University.

An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants

Jan. 26, 2015—An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants ABSTRACT Employment contracts for most employees are not publicly available, leaving researchers to speculate about whether they contain postemployment restrictions on employee mobility, and if so, what those provisions look like. Using a large sample of publicly available CEO employment contracts, we are able...

Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law?

Jan. 26, 2015—Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law? ABSTRACT The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear....

Original Meaning and the Precedent Fallback

Jan. 26, 2015—Original Meaning and the Precedent Fallback ABSTRACT There is longstanding tension between originalism and judicial precedent. With its resolute focus on deciphering the enacted Constitution, the originalist methodology raises questions about whether judges can legitimately defer to their own pronouncements. Numerous scholars have responded by debating whether and when the Constitution’s original meaning should yield...

Vanderbilt Law Review