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Volume 76, Number 2 Category

Efficiency and Equity in Regulation

Mar. 28, 2023—Caroline Cecot | 76 Vand. L. Rev. 361 The Biden Administration has signaled an interest in ensuring that regulations appropriately benefit vulnerable and disadvantaged communities. Prior presidential administrations since at least the Reagan Administration have focused on ensuring that regulations are efficient, maximizing the net benefits to society as a whole, without considering who benefits...

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Humans in the Loop

Mar. 28, 2023—Rebecca Crootof, Margot E. Kaminski & W. Nicholson Price II | 76 Vand. L. Rev. 429 From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these “human-in-the-loop” systems. We make four contributions to the...

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The Limits of Portfolio Primacy

Mar. 28, 2023—Roberto Tallarita | 76 Vand. L. Rev. 511 According to the “portfolio primacy” theory, large asset managers, and in particular large index funds, can and will undertake the role of “climate stewards” and will push corporations to reduce their carbon footprint. This theory is based on the view that index fund portfolios mirror the entire...

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Unenforceable Waivers

Mar. 28, 2023—Edward K. Cheng, Ehud Guttel & Yuval Procaccia | 76 Vand. L. Rev. 571 Textbook tort law establishes that waivers of liability—especially those involving physical harm—are often unenforceable. This Essay demonstrates through an extensive survey of the case law that despite being unenforceable, such waivers remain in widespread use. Indeed, defendants frequently use waivers even...

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Taking Stock of Startup Stock Options: Addressing Disclosure and Liquidity Concerns of Startup Employees

Mar. 28, 2023—John Rand Dorney | 76 Vand. L. Rev. 609 U.S. capital markets are becoming increasingly private. Initial public offerings have steadily declined since the 1990s, and private companies are remaining private over twice as long as they have in the past. Furthermore, private company financing has reached unprecedented levels. Private securities offerings now greatly outpace...

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What’s in the Contract?: Rockefeller, the Hague Service Convention, and Serving Process Abroad

Mar. 28, 2023—Thomas G. Vanderbeek | 76 Vand. L. Rev. 643 Today’s global economy relies on transnational commerce. The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”), implemented in 1965, encouraged transnational commerce by establishing a streamlined mechanism for serving foreign parties with process. More reliable international...

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