Apr. 29, 2019—Nicholas R. Bednar | 72 Vand. L. Rev. En Banc 151 | For thirty-five years, doctrinalists have tormented themselves trying to dissect the Supreme Court’s most infamous administrative-law doctrine: Chevron deference. We have asked when and how it applies. At the same time, we have asked whether Chevron should exist at all. In other words, does Chevron have any...
Apr. 2, 2019—Kent Barnett | 72 Vand. L. Rev. En Banc 127 | Enforcing federal law seems simple enough. Federal agencies, which exist for exactly this purpose, enforce by identifying violations of a particular federal statutory scheme and accompanying regulations. But complications quickly arise. How should agencies enforce—by initiating judicial proceedings, by enacting rules or guidance to...
Feb. 6, 2019—Richard D. Freer | 72 Vand. L. Rev. En Banc 99 | Personal jurisdiction is a gateway to the judicial system. Without it, a plaintiff cannot vindicate her claims and the community cannot benefit from private enforcement of the law. In 2011, the Supreme Court returned to personal jurisdiction after a twenty-one year hiatus. Over...
Feb. 2, 2018—Legal Jurisdiction and the Deterritorialization of Data Response to Jennifer Daskal, Borders and Bits, 71 Vand. L. Rev. 179 (2018). AUTHOR Paul Schiff Berman Walter S. Cox Professor of Law, The George Washington University Law School.
Nov. 5, 2017—Neutral-Principles-and-Political-Power1 Response to Aaron Tang, Reverse Political Process Theory, 70 Vand. L. Rev. 1427 (2017). AUTHOR Matthew A. Seligman Climenko Fellow and Lecturer on Law, Harvard Law School.
Oct. 18, 2017—Lost in Transplantation The Supreme Court’s Post-Prudence Jurisprudence Response to Fred Smith, Undemocratic Restraint, 70 Vand. L. Rev. 845 (2017). AUTHOR Adam N. Steinman University Research Professor of Law, University of Alabama School of Law.
May. 23, 2017—Institutional Effects on Reciprocal Legitimation in the Federal Courts Response to Neil S. Siegel, Reciprocal Legitimation in the Federal Courts System, 70 Vand. L. Rev. 1183 (2017). AUTHOR Donald P. Klekamp Professor of Law, University of Cincinnati College of Law
May. 23, 2017—A Mild Defense of Our New Machine Overlords Response to Kiel Brennan-Marquez, “Plausible Cause”: Explanatory Standards in the Age of Powerful Machines, 70 Vand. L. Rev. 1249 (2017). AUTHOR Visiting Fellow, Yale Information Society Project; Visiting Researcher, Georgetown University Law Center. J.D. 2011, University of Michigan.
Apr. 25, 2017—Short-Circuiting the New Major Questions Doctrine Response to Michael Coenen & Seth Davis, Minor Courts, Major Questions, 70 Vand. L. Rev. 777 (2017). ABSTRACT In Minor Courts, Major Questions, Michael Coenen and Seth Davis advance perhaps the most provocative proposal to date to address the new major questions doctrine articulated in King v. Burwell. They...
Apr. 6, 2017—The Township, The Hope of Democracy?: History As Moral Act Response to Daniel Farbman, Reconstructing Local Government, 70 Vand. L. Rev. 413 (2017). AUTHOR Samuel I. Golieb Fellow, New York University School of Law. JD, Harvard Law School. Ph.D. Candidate in History, Princeton University.
Mar. 31, 2017—Free Speech and Terrorist Speech: An Essay on Dangerous Ideas Response to Alexander Tsesis, Terrorist Speech on Social Media, 70 Vand. L. Rev. 651 (2017). AUTHOR Distinguished Professor of Law, University of South Carolina School of Law.
Mar. 16, 2017—Historical and Comparative Reflections Response to Nicole Stelle Garnett, Sector Agnosticism and the Coming Transformation of Education Law, 70 Vand. L. Rev. 1 (2017). AUTHOR EdD, PhD, and Professor emeritus of Educational Leadership and Policy Studies, Boston University.
Nov. 18, 2016—The Constitution of Agency Statutory Interpretation Response to Aaron Saiger, Agencies’ Obligation to Interpret the Statute, 69 Vand. L. Rev. 1231 (2016). AUTHOR Cabell Research Professor of Law, William & Mary Law School.