Volume 77, Number 2 Category
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....