En Banc Category
Imaginary Contradictions: A Reply to Professor Oleske
Mar. 29, 2014—RESPONSE TO James M. Oleske, Jr., The Public Meaning of RFRA Versus Legislators’ Understanding of RLPA: A Response to Professor Laycock67 VAND. L. REV. EN BANC 125 (2014) Imaginary Contradictions: A Reply to Professor Oleske Although not a part of the original roundtable, the Vanderbilt Law Review is pleased to also present this paper by...
Common and Uncommon Families and the American Constitutional Order
Feb. 13, 2014—In STATES OF UNION: FAMILY AND CHANGE IN THE AMERICAN CONSTITUTIONAL ORDER (University Press of Kansas, 2013) Professor Mark Brandon challenges some common understandings about the intersection of law and family in the United States. This Book Review examines Brandon’s historical work in the broader context of current debates about which family forms should be sanctioned...
A Litte Bit of Laches Goes a Long Way: Notes on Petrella v. Metro-Goldwyn-Mayer, Inc.
Jan. 19, 2014—A Little Bit of Laches Goes a Long Way: Notes on Petrella v. Metro-Goldwyn-Mayer, Inc. Samuel L. Bray
The Ownership-Usage Dichotomy and the Human Element in Newman’s Freeconomy
Nov. 4, 2013—The Ownership–Usage Dichotomy and the Human Element in Newman’s Freeconomy AUTHOR Law Clerk, The Honorable Henry F. Floyd, U.S. Court of Appeals for the Fourth Circuit, 2013–present; Law Clerk, The Honorable Michael J. Melloy, U.S. Court of Appeals for the Eighth Circuit, 2012–2013. The views expressed herein are the author’s own and are not purported...
Tips for Capturing 2014 Federal Clerkships
Oct. 17, 2013—Tips for Capturing 2014 Federal Clerkships Carl W. Tobias
Revisiting the Meaning of Marriage: Immigration for Same-Sex Spouses in a Post-Windsor World
Oct. 17, 2013—Revisiting the Meaning of Marriage: Immigration for Same-Sex Spouses in a Post-Windsor World Scott Titshaw
Calling on Congress: Take a Page from Parliament’s Playbook and Fix Employment Discrimination Law
Oct. 9, 2013—Calling on Congress: Take a Page from Parliament’s Playbook and Fix Employment Discrimination Law William R. Corbett, Frank L. Maraist Professor of Law, LSU Law Center
The JOBS Act and SEC Rulemaking (Fall 2013)
Sep. 16, 2013—In this Roundtable our authors looked at the rulemaking authority of the Security and Exchange Commission (“SEC”) under the JOBS Act of April 2012 and proposed some recommendations to the SEC. Professor Andrew A. Schwartz and practitioner Douglas S. Ellenoff have each considered the public policy rationales, legislative history, and congressional intent of Title III...
DaimlerChrysler AG v. Bauman (Fall 2013)
Sep. 16, 2013—DaimlerChrysler AG v. Bauman was argued at the Supreme Court in the October 2013 term. In Bauman, the Court considered whether a U.S. District Court may exercise general personal jurisdiction over DaimlerChrysler AG, a foreign company, based on the alleged acts of its Argentine subsidiary. None of the alleged actions occurred in California, but Respondents argued that...
Patent Prior User Rights: What’s the Fuss?
May. 7, 2013—Patent Prior User Rights: What’s the Fuss? by Jacob Neu
Justice for All?
Sep. 24, 2012—In REPRESENTING JUSTICE: INVENTION, CONTROVERSY, AND RIGHTS IN CITY-STATES AND DEMOCRATIC COURTROOMS (Yale University Press, 2011) by Judith Resnik and Dennis Curtis, art takes center stage as Resnik and Curtis focus on the visual renderings of the law, rather than on the words that make up the law, to analyze the pursuit and practice of justice...
Fisher v. University of Texas at Austin (2012)
Sep. 16, 2012—This Roundtable considered Fisher v. University of Texas at Austin, which was argued at the Supreme Court in the October 2012 term. In Fisher, the Court considered whether the University of Texas’s use of race in its undergraduate admissions process was lawful under the Equal Protection Clause of the Fourteenth Amendment. The parties, Justices, and our authors...
American Legal History Revisited
Sep. 13, 2012—This book review by Professor James W. Ely, Jr., considers G. Edward White’s LAW IN AMERICAN HISTORY, VOLUME 1: FROM THE COLONIAL YEARS THROUGH THE CIVIL WAR (Oxford University Press, 2012) and discusses the contributions of this work to the wide array of existing American legal histories. PDF Download Link: American Legal History Revisited AUTHOR: James W....
Social Movements, Legal Change, and the Challenges of Writing Legal History
Aug. 1, 2012—Reviewed: COURAGE TO DISSENT: ATLANTA AND THE LONG HISTORY OF THE CIVIL RIGHTS MOVEMENT (Oxford University Press, 2011). This Essay by Professor Christopher W. Schmidt identifies the key contributions that Tomiko-Brown Nagin’s Courage to Dissent makes to the legal history of the civil rights movement. It situates the book among several other prominent legal histories...