Volume 77 Category
Radical Administrative Law
Apr. 20, 2024—Christopher S. Havasy | 77 Vand. L. Rev. 647 The administrative state is under attack. Judges and scholars increasingly question why agencies should have such large powers to coerce citizens without adequate democratic accountability. Rather than refuting these critics, this Article accepts that in scrutinizing the massive powers that agencies hold over citizens, these critics...
Mass Tort Bankruptcy Goes Public
Apr. 20, 2024—William Organek | 77 Vand. L. Rev. 723 Large companies like 3M, Johnson & Johnson, Purdue Pharma, and others have increasingly, and controversially, turned from multidistrict litigation to bankruptcy to resolve their mass tort liability. While corporate attraction to bankruptcy’s unique features partially explains this evolution, this Article reveals an underexamined driver of this trend...
The Missing “T” in ESG
Apr. 20, 2024—Danielle A. Chaim & Gideon Parchomovsky | 77 Vand. L. Rev. 789 Environmental, social, and governance (“ESG”) philosophy is the zeitgeist of our time. The rise of ESG investments came against the perceived failure of the government to adequately promote socially important goals. And so, corporations are now being praised and credited for stepping up...
An Evolving Landscape: Name, Image, and Likeness Rights in High School Athletics
Apr. 20, 2024—Epstein, Grow, & Kisska-Schulze | 77 Vand. L. Rev. 845 Amateur sports have entered a changing landscape. The onset of Name, Image, and Likeness (“NIL”) opportunities at the college level has prompted over half of state high school athletic associations to likewise permit high school student-athletes to pursue similar financial opportunities. The purpose of this...
“Free Speech for Me but Not for Airbnb”: Restricting Hate-Group Activity in Public Accommodations
Apr. 20, 2024—Sabrina Apple | 77 Vand. L. Rev. 891 As digital services grow increasingly indispensable to modern life, courts grow inundated with novel claims of entitlement against these platforms. As narrow, formalistic interpretations of Title II permit industry leaders to sidestep equal access obligations, misinformed interpretations of First Amendment protections allow violent speech and conduct to...
Exasperated But Not Exhausted: Unlocking the Trap Set by the Exhaustion Doctrine on the FDA’s REMS Petitioners
Apr. 20, 2024—Michael Krupka | 77 Vand. L. Rev. 937 When health is at stake, bureaucratic delays can be disastrous. This is especially true in the field of pharmaceutical regulation. Fortunately, concerned parties—ranging from research institutions and universities to doctors and pharmaceutical companies—can file citizen petitions to urge the Food and Drug Administration (“FDA”) to regulate potentially...
Barring Judicial Review
Mar. 20, 2024—Laura E. Dolbow | 77 Vand. L. Rev. 307 Whether judicial review is available is one of the most hotly contested issues in administrative law. Recently, laws that prohibit judicial review have sparked debate in the Medicare, immigration, and patent contexts. These debates are continuing in challenges to the recently created Medicare price negotiation program....
The Labor Gerrymander
Mar. 20, 2024—Joel Heller | 77 Vand. L. Rev. 401 The foundational metaphor of federal labor law is “industrial democracy.” But like any good metaphor, it is subject to overuse. The National Labor Relations Act (NLRA) grants employees the right to have a say in the decisions that govern their working lives through union representation and collective...
Too Stubborn to Care for: The Impacts of Discrimination on Patient Noncompliance
Mar. 20, 2024—Alice Abrokwa | 77 Vand. L. Rev. 461 The role of implicit racial biases in police interactions with people of color has garnered increased public attention and scholarly examination over time, but implicit racial bias in the healthcare context can be as deadly, particularly when it intersects with ableism and sexism. Researchers have found that...
The Minimalist Alternative to Abolitionism: Focusing on the Non-Dangerous Many
Mar. 20, 2024—Christopher Slobogin | 77 Vand. L. Rev. 531 In The Dangerous Few: Taking Seriously Prison Abolition and Its Skeptics, published in the Harvard Law Review, Thomas Frampton proffers four reasons why those who want to abolish prisons should not budge from their position even for offenders who are considered dangerous. This Essay demonstrates why a...
Res Judicata and Multiple Disability Applications: Fulfilling the Praiseworthy Intentions of the Fourth and Sixth Circuits
Mar. 20, 2024—Amber Mae Otto | 77 Vand. L. Rev. 561 In the United States, the application process to receive disability benefits through the Social Security Administration is often a tedious, multistep procedure. The process becomes even more complex if a claimant has filed multiple disability applications covering different time periods. In that circumstance, the question arises...
Efficiency at the Price of Accuracy: The Case for Assigning MDLs to Multiple Districts and Circuits
Mar. 20, 2024—Isaak Elkind | 77 Vand. L. Rev. 599 28 U.S.C. § 1407 allows for the centralization of unique cases into a single forum for pretrial purposes. The product is multidistrict litigation, known colloquially as the “MDL.” While initially conceived as a means of increasing efficiency for only particularly massive, complex litigation, MDLs have become pervasive....
The Harms of Heien: Pulling Back the Curtain on the Court’s Search and Seizure Doctrine
Jan. 26, 2024—Wayne A. Logan | 77 Vand. L. Rev. 1 In Heien v. North Carolina, the Supreme Court held that individuals can be seized on the basis of reasonable police mistakes of law. In an opinion authored by Chief Justice Roberts, the eight-Justice majority held that the Fourth Amendment’s prohibition of “unreasonable” seizures does not bar...
The Impact of Banning Confidential Settlements on Discrimination Dispute Resolution
Jan. 26, 2024—Blair Druhan Bullock & Joni Hersch | 77 Vand. L. Rev. 51 The #MeToo movement exposed how workplace harassment plagues employment in the United States. Several states responded by passing legislation aimed at curbing harassment and employment discrimination in the workplace. One of the most common legislative efforts was to ban confidentiality provisions in certain...
Access to Justice for Black Inventors
Jan. 26, 2024—Jordana R. Goodman & Khamal Patterson | 77 Vand. L. Rev. 109 To receive a patent, an inventor must meet certain inventive and procedural standards. Their invention must be novel, nonobvious, and written in such a way that any person skilled in the inventive subject can make and use the invention without undue experimentation. This...
Eavesdropping: The Forgotten Public Nuisance in the Age of Alexa
Jan. 26, 2024—Julia Keller | 77 Vand. L. Rev. 169 Always-listening devices have sparked new concerns about privacy while evading regulation, but a potential solution has existed for hundreds of years: public nuisance. Public nuisance has been stretched to serve as a basis of liability for some of the most prominent cases of modern mass-tort litigation, such...