Skip to main content

Articles Category

“White Men’s Roads Through Black Men’s Homes”: Advancing Racial Equity Through Highway Reconstruction

Oct. 19, 2020—Deborah N. Archer | 73 Vand. L. Rev. 1259 (2020) | Racial and economic segregation in urban communities is often understood as a natural consequence of poor choices by individuals. In reality, racially and economically segregated cities are the result of many factors, including the nation’s interstate highway system. In states around the country, highway...

Read more


Reputation and Authority: The FDA and the Fight over U.S. Prescription Drug Importation

Oct. 19, 2020—Thomas J. Bollyky & Aaron S. Kesselheim | 73 Vand. L. Rev. 1331 (2020) | There is popular and bipartisan support for legalizing the importation of lower-cost medicines from Canada to help reduce the high prescription drug costs that Americans pay. Despite the wide interest in this policy, attempts over the last sixteen years to...

Read more


Corporate Law and Social Risk

Oct. 19, 2020—Stavros Gadinis & Amelia Miazad | 73 Vand. L. Rev. 1401 (2020) | Over a quarter of total assets under management are now invested in socially responsible companies. This turn to sustainability has gained solid ground over the last few years, earning the commitment of hundreds of CEOs and dominating the global business agenda. This...

Read more


Theory of the Nudnik: The Future of Consumer Activism and What We Can Do to Stop It

May. 26, 2020—Yonathan A. Arbel & Roy Shapira | 73 Vand. L. Rev. 929 (2020) | How do consumers hold sellers accountable and enforce market norms? This Article contributes to our understanding of consumer markets in three ways. First, the Article identifies the role of a small subset of consumers—the titular “nudniks”—as engines of market discipline. Nudniks...

Read more


Federalism and the Military Power of the United States

May. 26, 2020—Robert Leider | 73 Vand. L. Rev. 989 (2020) | This Article examines the original meaning of the constitutional provisions governing the raising and organization of military forces. It argues that the Framers carefully divided the military between the federal and state governments. This division provided structural checks against the misuse of military power and...

Read more


Zombie Energy Laws

May. 26, 2020—Joshua C. Macey | 73 Vand. L. Rev. 1077 (2020) | This Article traces the development of three legal rules—cost recovery for vertically integrated utilities, the requirement that regulators assess the financial viability of energy projects before issuing a certificate of public convenience and necessity, and the filed rate doctrine—that emerged out of the view...

Read more


Spring 2020 Alumni Newsletter

Apr. 21, 2020—Vanderbilt Law Review Alumni Newsletter Spring 2020

Read more


Statistical Precedent: Allocating Judicial Attention

Apr. 20, 2020—Ryan W. Copus | 73 Vand. L. Rev. 605 | Suffering from a well-covered “crisis of volume,” the U.S. Courts of Appeals have patched together an ad hoc system of triage in an effort to provide cases with sufficient attention. For example, only some cases are assigned to central staff, analyzed by law clerks, orally...

Read more


Reconstructing the Congressional Guarantee of Republican Government

Apr. 20, 2020—David S. Louk | 73 Vand. L. Rev. 673 | The Republican Guarantee Clause of Article IV, Section 4 promises that “[t]he United States shall guarantee to every State in this Union a Republican Form of Government.” Although this clause might seem to confer significant power to oversee the political structures of the states, ambiguity...

Read more


Litigating Citizenship

Apr. 20, 2020—Cassandra Burke Robertson & Irina D. Manta | 73 Vand. L. Rev. 757 | By what standard of proof—and by what procedures—can the U.S. government challenge citizenship status? That question has taken on greater urgency in recent years. News reports discuss cases of individuals whose passports were suddenly denied, even after the government had previously...

Read more


The Misuse of Tobin’s q

Mar. 25, 2020—Robert Bartlett & Frank Partnoy | 73 Vand. L. Rev. 353 (2020) | In recent years, scholars have addressed the most important topics in corporate law based on a flawed assumption: that the ratio of the market value of a corporation’s securities to their book value is a valid measure of the value of the...

Read more


Broken Records: Reconceptualizing Rational Basis Review to Address “Alternative Facts” in the Legislative Process

Mar. 25, 2020—Joseph Landau | 73 Vand. L. Rev. 425 (2020) | In 2016, North Carolina passed “HB2,” also known as the “bathroom ban”—a law prohibiting transgender individuals from accessing public restrooms corresponding to their gender identity—based on the unfounded fear that cisgender men posing as transgender women would assault women and girls in bathrooms. Around the...

Read more


Patenting New Uses for Old Inventions

Mar. 25, 2020—Sean B. Seymore | 73 Vand. L. Rev. 478 (2020) | A bedrock principle of patent law is that old inventions cannot be patented. And a new use for an old invention does not render the old invention patentable. This is because patent law requires novelty—an invention must be new. But while a new use...

Read more


Privative Copyright

Jan. 21, 2020—Shyamkrishna Balganesh | 73 Vand. L. Rev. 1 (2020) | “Privative” copyright claims are infringement actions brought by authors for the unauthorized public dissemination of works that are private, unpublished, and revelatory of the author’s personal identity. Driven by considerations of authorial autonomy, dignity, and personality rather than monetary value, these claims are almost as...

Read more


Popular Constitutional Argument

Jan. 21, 2020—Tom Donnelly | 73 Vand. L. Rev. 73 (2020)| Critics have long attacked popular constitutionalists for offering few clues about how their theory might work in practice—especially inside the courts. These critics are right. Popular constitutionalism—as a matter of both theory and practice—remains a work in progress. In this Article, I take up the challenge...

Read more


Misaligned Lawmaking

Jan. 21, 2020—Timothy Meyer | 73 Vand. L. Rev. 151 (2020) | Since 1962, when Congress passed the Trade Expansion Act, every new U.S. trade deal has had the same essential bargain at its core. Congress agrees to give the president the power to lower trade barriers, while at the same time providing adjustment assistance for those...

Read more