Skip to main content

Notes Category

Plea Bargaining and Collateral Consequences: An Experimental Analysis

May. 26, 2020—Carlie Malone | 73 Vand. L. Rev. 1161 (2020) | The overwhelming majority of convictions in the United States are obtained through guilty pleas. Many of these guilty pleas are a product of plea bargaining, where a defendant enters a guilty plea in exchange for some form of official concessions. Despite its prominence, plea bargaining...

Read more


Generals & General Elections: Legal Responses to Partisan Endorsements by Retired Military Officers

May. 26, 2020—Hannah Martins Miller | 73 Vand. L. Rev. 1209 (2020) | Retired generals and admirals of the U.S. military appear to be endorsing partisan political candidates in greater numbers, with more visibility. This Note argues that the practice represents a clear danger to civilian control over the military and weakens military effectiveness. It explains that while...

Read more


Reviving “Dead Letters”: Reimagining Federal Rule of Evidence 410 as a Conditional Privilege

Apr. 20, 2020—Peter G. Cornick | 73 Vand. L. Rev. 857 | Though understudied relative to its fellow specialized relevance rules, Federal Rule of Evidence 410 protects a crucial element of the criminal justice system: plea negotiations. As written, the rule prevents the admission of evidence gathered during plea discussions, which helps assure criminal defendants that their candid...

Read more


Rejection Hurts: Trademark Licenses and the Bankruptcy Code

Apr. 20, 2020—Amanda E. James | 73 Vand. L. Rev. 889 | Section 365 of the Bankruptcy Code empowers debtors to reject burdensome executory contracts. From 1988 until May 2019, the effect of such a rejection on trademark licenses was unclear. The Supreme Court’s recent decision in Mission Product Holdings, Inc. v. Tempnology, LLC settled the matter...

Read more


Shackling Prejudice: Expanding the Deck v. Missouri Rule to Nonjury Proceedings

Mar. 25, 2020—Sadie Shourd | 73 Vand. L. Rev. 535 (2020) | Courts in the United States have traditionally held that criminal defendants have the right to be free from unwarranted restraints visible to the jury during the guilt phase of a trial. The term “unwarranted restraints” refers to the use of restraints on a defendant absent...

Read more


Artistic Justice: How the Executive Branch Can Facilitate Nazi-Looted Art Restitution

Mar. 25, 2020—Paige Tenkhoff | 73 Vand. L. Rev. 569 (2020) | Eight decades after the Holocaust, many pieces of art stolen from Jewish families still sit in the state-owned museums of former Nazialigned regimes. In an effort to right old wrongs, plaintiffs are bringing suit in the United States against the foreign governments who retain the...

Read more


Dissecting Revlon: Severing the Standard of Conduct from the Standard of Review in Post-Closing Litigation

Jan. 21, 2020—Katie Clemmons | 73 Vand. L. Rev. 267 (2020) | In Corwin v. KKR Financial Holdings LLC and its progeny, the Delaware courts made clear that a fully informed, uncoerced vote by disinterested stockholders triggers the waste standard. In Corwin, the Delaware Supreme Court also indicated that Revlon was only meant to provide stockholders with...

Read more


Inflated Private Offering: Regulating Corporate Insiders and Market-Moving Disclosures on Social Media

Jan. 21, 2020—Marisa Papenfuss | 73 Vand. L. Rev. 311 (2020) | The U.S. Securities and Exchange Commission enacted Regulation Fair Disclosure (“Regulation FD”) to prohibit companies from disclosing material information to select parties but not the public at large. The rapid advancement of technology since Regulation FD’s enactment has dramatically altered the ways companies distribute information...

Read more


Can and Should Universal Injunctions Be Saved?

Oct. 11, 2019—Szymon S. Barnas | 72 Vand. L. Rev. 1675 (2019) | The practice of a federal district court judge halting the government’s enforcement of an executive action against not only the parties before the court but against anyone, anywhere, may be coming to an end. Multiple Supreme Court Justices have expressed their skepticism in the...

Read more


Reestablishing a Knowledge Mens Rea Requirement for Armed Career Criminal Act “Violent Felonies” Post-Voisine

Oct. 11, 2019—Jeffrey A. Turner | 72 Vand. L. Rev. 1717 (2019) | Until 2016, federal courts unanimously concluded that predicate offenses for the Armed Career Criminal Act (“ACCA”) required a knowledge mens rea. Therefore, any state law crimes that could be committed with a reckless mens rea were not “violent felonies” and could not serve as...

Read more


The Authorization Continuum: Investigating the Meaning of “Authorization” Through the Lens of the Controlled Substances Act

May. 31, 2019—Breanna C. Phillips | 72 Vand. L. Rev. 1335 (2019) | The-Authorization-Continuum Federal prohibitions are ubiquitous in society. These prohibitions may be absolute, providing no exceptions, or they may be qualified, providing exemptions that allow specified parties to avoid a law’s reach. The power to exempt parties from a prohibition is not limited to the...

Read more


Winding Back Wayfair: Retaining the Physical Presence Rule for State Income Taxation

May. 31, 2019—Nathan Townsend | 72 Vand. L. Rev. 1391 (2019) | Winding-Back-Wayfair-Retaining-the-Physical-Presence-Rule-for-State-Income-Taxation In 2018, the U.S. Supreme Court decided South Dakota v. Wayfair, Inc., a case abrogating the physical presence rule from Quill Corp. v. North Dakota. The physical presence rule barred a state from forcing a retailer to collect sales taxes on the state’s behalf...

Read more


The Better Way to Stop Delay: Analyzing Speedy Sentencing Claims in the Wake of Betterman v. Montana

Apr. 30, 2019—Sarah R. Grimsdale | 72 Vand. L. Rev. 1031 (2019) | The-Better-Way-to-Stop-Delay-Analyzing-Speedy-Sentencing-Claims-in-the-Wake-of-Betterman-v.-Montana In Betterman v. Montana, the U.S. Supreme Court held that the Sixth Amendment’s speedy trial right terminates after a defendant’s conviction. In dicta, the Court suggested that a defendant might pursue a constitutional claim of undue sentencing delay under the Due Process Clause....

Read more


Sunny and Share: Balancing Airspace Entitlement Rights Between Solar Energy Adopters and Their Neighbors

Apr. 30, 2019—Joshua B. Landis | 72 Vand. L. Rev. 1075 (2019) | Sunny-and-Share-Balancing-Airspace-Entitlement-Rights-Between-Solar-Energy-Adopters-and-Their-Neighbors In an effort to ameliorate the effects of climate change, state and local governments have made increasingly large commitments to support solar energy adoption. For solar investments to be successful, however, solar adopters require unobstructed access to sunlight, which is directly at odds...

Read more


The Waiting Game: How States Can Solve the Organ-Donation Crisis

Mar. 30, 2019—The-Waiting-Game-How-States-Can-Solve-the-Organ-Donation-Crisis Thousands of patients in the United States live in limbo every day waiting for a lifesaving organ transplant, and the gap between the number of people who need a transplant and the number of available organs widens every year. Every state currently allows individuals to unilaterally indicate their intent to donate their organs upon...

Read more


Federal Regulation of Third-Party Litigation Finance

Mar. 30, 2019—Federal-Regulation-of-Third-Party-Litigation-Finance Third-party litigation finance has become a powerful and influential industry that will continue to play a significant role in shaping the legal landscape for years to come. The opportunities—and challenges—introduced by this burgeoning industry are legion, and with them has come a swath of disparate state regulations. These regimes have failed to balance important...

Read more