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Volume 68, Number 1

An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants

Jan. 26, 2015—An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants ABSTRACT Employment contracts for most employees are not publicly available, leaving researchers to speculate about whether they contain postemployment restrictions on employee mobility, and if so, what those provisions look like. Using a large sample of publicly available CEO employment contracts, we are able...

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Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law?

Jan. 26, 2015—Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law? ABSTRACT The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear....

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Original Meaning and the Precedent Fallback

Jan. 26, 2015—Original Meaning and the Precedent Fallback ABSTRACT There is longstanding tension between originalism and judicial precedent. With its resolute focus on deciphering the enacted Constitution, the originalist methodology raises questions about whether judges can legitimately defer to their own pronouncements. Numerous scholars have responded by debating whether and when the Constitution’s original meaning should yield...

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Statutory Interpretations and the Therapy of the Obvious

Jan. 26, 2015—Statutory Interpretations and the Theory of the Obvious AUTHOR University Professor of Law and Political Science, Vanderbilt University Law School.

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Baptizing O’Brien: Towards Intermediate Protection of Religiously Motivated Expressive Conduct

Jan. 26, 2015—Baptizing O’Brien: Towards Intermediate Protection of Religiously Motivated Expressive Conduct AUTHOR J.D. Candidate, May 2015, Vanderbilt University Law School; B.A., 2010, The King’s College.

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Proposed Legal Constraints on Private Student Lenders

Jan. 26, 2015—Proposed Legal Constraints on Private Student Lenders AUTHOR J.D. Candidate, 2015, Vanderbilt University Law School; B.S., 2010, University of Arizona.

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Heuristics, Biases, and Consumer Litigation Funding at the Bargaining Table

Jan. 26, 2015—Heuristics, Biases, and Consumer Litigation Funding at the Bargaining Table AUTHOR J.D./Ph.D. in Law and Economics, expected 2017, Vanderbilt University Law School.

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