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En Banc

Bringing the Independent Agencies in from the Cold

Nov. 2, 2009—Invalidating the PCAOB would cause unnecessary disruption to the Federal Government. The supervisory powers of the SEC over the agency justify concluding that its members are inferior officers. The removal provision can be sustained by confirming that the President has constitutional powers of removal that are appropriate to the function involved. The President’s power to...

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Free Enterprise Fund v. Public Company Accounting Oversight Board

Oct. 4, 2009—This is the introductory essay in an electronically published roundtable sponsored by the Vanderbilt Law Review on the Supreme Court’s forthcoming consideration of Free Enterprise Fund v. Public Company Accounting Oversight Board, a case raising important separation of powers questions and thought by some to foreshadow overruling or limiting of such precedents as Humphrey’s Executor...

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Defending a Social Learning Explanation: A Comment on The Origins of Shared Intuitions of Justice

Jun. 22, 2009—This Response addresses the November 2007 Vanderbilt Law Review Article, The Origins of Shared Intuitions of Justice, by Professors Paul H. Robinson, Robert Kurzban, and Owen D. Jones. The Article reviews empirical evidence that people share surprisingly similar moral inclinations—especially with respect to core social principles like opposition to unprovoked physical harm, the taking of...

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Reforming the Legal Ethics Curriculum: A Comment on Edward Rubin’s “What’s Wrong with Langdell’s Method and What To Do About It”

Apr. 30, 2009—This Response addresses Edward Rubin’s March 2007 article “What’s Wrong With Langdell’s Method and What to Do About It,” which discusses the need for curriculum reform in U.S. law schools. He proposes a curriculum overhaul to reform, at a minimum, first-year law school courses, and he advocates that law schools develop more concentrations—programs akin to...

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Relative Difference and the Dean Method: A Comment on “Getting the Math Right”

Mar. 30, 2009—This Response critiques a recent Article in the Vanderbilt Law Review, Getting the Math Right: Why California Has Too Many Seats in the House of Representatives, by Professor Paul H. Edelman, on the doctrine of “one person one vote” as applied to congressional apportionment. Professor Edelman discusses the background of “one person one vote” in...

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Wrongs Without Recourse: A Comment on Jason Solomon’s Judging Plaintiffs

Nov. 22, 2008—Jason Solomon’s very interesting Article Judging Plaintiffs argues that neither efficient-deterrence theories nor corrective justice theories adequately explain the existence of rules that bar or limit recovery by a tort victim on the ground that she failed to take certain pre-tort steps to protect herself from harm, or failed to take certain post-tort steps in...

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Public Pension Funds as Shareholder Activists: A Comment on Choi and Fisch

Oct. 6, 2008—This Response critiques a recent Article on public pension fund shareholder activism by Stephen Choi and Jill Fisch. Choi and Fisch use the results of a survey of forty public pension funds as a basis for an empirical and normative analysis of public pension fund activism. Choi and Fisch’s survey evidence gives us some tantalizing...

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