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Volume 72 Category

Taking Laughter Seriously at the Supreme Court

Oct. 11, 2019—Tonja Jacobi & Matthew Sag | 72 Vand. L. Rev. 1423 (2019) | Laughter in Supreme Court oral arguments has been misunderstood, treated as either a lighthearted distraction from the Court’s serious work, or interpreted as an equalizing force in an otherwise hierarchical environment. Examining the more than nine thousand instances of laughter witnessed at...

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Antitrust in Digital Markets

Oct. 11, 2019—John M. Newman | 72 Vand. L. Rev. 1497 (2019) | Antitrust law has largely failed to address the challenges posed by digital markets. At the turn of the millennium, the antitrust enterprise engaged in intense debate over whether antitrust doctrine, much of it developed during a bygone era of smokestack industries, could or should...

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The Missing Regulatory State: Monitoring Businesses in an Age of Surveillance

Oct. 11, 2019—Rory Van Loo | 72 Vand. L. Rev. 1563 (2019) | An irony of the information age is that the companies responsible for the most extensive surveillance of individuals in history—large platforms such as Amazon, Facebook, and Google—have themselves remained unusually shielded from being monitored by government regulators. But the legal literature on state information...

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You Get What You Pay For: An Empirical Examination of the Use of MTurk in Legal Scholarship

Oct. 11, 2019—Robertson & Yoon | 72 Vand. L. Rev. 1633 (2019) | In recent years, legal scholars have come to rely on Amazon’s Mechanical Turk (“MTurk”) platform to recruit participants for surveys and experiments. Despite MTurk’s popularity, there is no generally accepted methodology for its use in legal scholarship, and many questions remain about the validity...

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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...

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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...

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David Williams II, in Memoriam 1948-2019

May. 31, 2019—David-Williams-II-in-Memoriam-1948-2019 AUTHOR: Nicholas S. Zeppos

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The Arbitration-Litigation Paradox

May. 31, 2019—Pamela K. Bookman | 72 Vand. L. Rev. 1119 (2019) | The-Arbitration-Litigation-Paradox The Supreme Court’s interpretation of the Federal Arbitration Act is universally touted as favoring arbitration. Its arbitration cases and decisions in other areas are also viewed as supporting the Court’s more general hostility to litigation. These pro-arbitration and anti-litigation policies can be mutually...

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Reconceptualizing the Role of Intellectual Property Rights in Shaping Industry Structure

May. 31, 2019—Peter Lee | 72 Vand. L. Rev. 1197 (2019) | Reconceptualizing-the-Role-of-Intellectual-Property-Rights-in-Shaping-Industry-Structure Technological and creative industries are critical to economic and social welfare, and the forces that shape such industries are important subjects of legal and policy examination. These industries depend on patents and copyrights, and scholars have long debated whether exclusive rights promote industry consolidation...

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Public Relations Litigation

May. 31, 2019—Kishanthi Parella | 72 Vand. L. Rev. 1285 (2019) | Public-Relations-Litigation Conventional wisdom holds that lawsuits harm a corporation’s reputation. So why do corporations and other businesses litigate even when they will likely lose in the court of law and the court of public opinion? One explanation is settlement: some parties file lawsuits not to...

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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...

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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...

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Law and Neighborhood Names

Apr. 30, 2019—Nestor M. Davidson & David Fagundes | 72 Vand. L. Rev. 757 (2019) | Law-and-Neighborhood-Names This Article provides a novel investigation of how law both enables and constrains the ability of city residents to claim, name, and often rename their neighborhoods. A rich interdisciplinary dialogue in fields such as geography and sociology has emerged on...

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Presidential Factfinding

Apr. 30, 2019—Shalev Roisman | 72 Vand. L. Rev. 825 (2019) | Presidential-Factfinding The modern President possesses enormous power. She can use military force abroad without congressional authorization, impose economic sanctions on foreign powers, or enter into trade agreements with foreign states. She can do all this on her own, with little constraint. Or so it seems....

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Incapacitating Criminal Corporations

Apr. 30, 2019—W. Robert Thomas | 72 Vand. L. Rev. 905 (2019) | Incapacitating-Criminal-Corporations If there is any consensus in the fractious debates over corporate punishment, it is this: a corporation cannot be imprisoned, incarcerated, jailed, or otherwise locked up. Whatever fiction the criminal law entertains about corporate personhood, having a physical “body to kick”—and, by extension,...

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Irrational Ignorance at the Patent Office

Apr. 30, 2019—Michael D. Frakes & Melissa F. Wasserman | 72 Vand. L. Rev. 975 (2019) | Irrational-Ignorance-at-the-Patent-Office There is widespread belief that the Patent Office issues too many “bad” patents that impose significant harms on society. At first glance, the solution to the patent quality crisis seems straightforward: give patent examiners more time to review applications...

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