Volume 75, Number 4 Category
Will Corporations Deliver Value to All Stakeholders?
May. 18, 2022—Lucian A. Bebchuk & Roberto Tallarita | 75 Vand. L. Rev. 1031 (2022) | Amid growing concerns for the effects that corporations have on stakeholders, supporters of stakeholder governance advocate relying on corporate leaders to use their discretion to protect stakeholders, and they seem to take corporate pledges to do so at face value. By contrast, critics...
The Inequity of Informal Guidance
May. 18, 2022—Joshua D. Blank & Leigh Osofsky | 75 Vand. L. Rev. 1093 (2022) | The coexistence of formal and informal law is a hallmark feature of the U.S. tax system. Congress and the Treasury enact formal law, such as statutes and regulations, while the Internal Revenue Service offers the public informal explanations and summaries, such as...
Authoring Prior Art
May. 18, 2022—Joseph P. Fishman & Kristelia García | 75 Vand. L. Rev. 1159 (2022) | Patent law and copyright law are widely understood to diverge in how they approach prior art, the universe of information that already existed before a particular innovation’s development. For patents, prior art is paramount. An invention can’t be patented unless it is...
Nondelegation in the States
May. 18, 2022—Benjamin Silver | 75 Vand. L. Rev. 1211 (2022) | American public law is on the precipice of a nondelegation revival. Yet scholars have largely ignored the greatest wellspring of American nondelegation law: that of the states. As a result, the nondelegation literature is badly in need of a broad and deep examination of state nondelegation....
Deliberately Indifferent: Institutional Liability for Further Harassment in Student-on-Student Title IX Cases
May. 18, 2022—Jacob R. Goodman | 75 Vand. L. Rev. 1273 (2022) | Sexual harassment is an unfortunate problem far too many have experienced. Universities and other educational institutions owe a duty, both legal and moral, to protect students from sexual harassment, and in turn to allow students to receive the full benefits of their education. But a...
Finding the Boundaries of Equitable Disgorgement
May. 18, 2022—Cameron K. Hood | 75 Vand. L. Rev. 1307 (2022) | The disgorgement of “ill-gotten gains” is a significant mechanism for enforcing the securities laws. By compelling a violator of the securities laws to forfeit their illegal proceeds, disgorgement serves as a strong deterrent for securities fraud and an important method by which investors are compensated...