Articles
The Case for a Market in Debt Governance
May. 16, 2014—67 Vand. L. Rev. 771 – Yadav Scholars have long lamented that the growth of modern finance has given way to a decline in debt governance. According to current theory, the expansive use of derivatives that enable lenders to trade away the default risk of their loans has made these lenders uninterested, even reckless, when...
The Obligation of Members of Congress to Consider Constitutionality While Deliberating and Voting: The Deficiencies of House Rule XII and a Proposed Rule for the Senate
May. 16, 2014—67 Vand. L. Rev. 837 – Feingold Most scholarly attention on constitutional interpretation is focused on the judicial branch and its role in our system of separation of powers. Nonetheless, constitutional interpretation should not take place solely in the courts. Rather, history suggests our Framers envisioned that members of Congress, as well as the President...
The Supercharged IPO
Mar. 24, 2014—1 – Fleischer&Staudt_67_Vand_L_Rev_307 A new innovation on the IPO landscape has emerged in the last two decades, allowing owner-founders to extract billions of dollars from newly public companies. These IPOs␣labeled supercharged IPOs␣have been the subject of widespread debate and controversy: lawyers, financial experts, journalists, and members of Congress have all weighed in on the topic....
Against Settlement of (Some) Patent Cases
Mar. 24, 2014—2 – La Belle_67_Vand_L_Rev_375 For decades now, there has been a pronounced trend in civil litigation away from adjudication and toward settlement. This settlement phenomenon has spawned a vast critical literature beginning with Owen Fiss’s seminal work, Against Settlement. Fiss opposes settlement because it achieves peace rather than justice, and because settlements often are coerced...
States, Agencies, and Legitimacy
Mar. 24, 2014—3 – Seifter_67_Vand_L_Rev_443 Scholarship on the administrative process has scarcely attended to the role that states play in federal regulation. This Article argues that it is time for that to change. An emerging, important new strand of federalism scholarship, known as “administrative federalism,” now seeks to safeguard state interests in the administrative process and argues...
Designing Administrative Law for Adaptive Management
Jan. 22, 2014—Designing Administrative Law for Adaptive Management Administrative law needs to adapt to adaptive management. Adaptive management is a structured decisionmaking method, the core of which is a multistep, iterative process for adjusting management measures to changing circumstances or new information about the effectiveness of prior measures or the system being managed. It has been identified...
The Right to Vote Under State Constitutions
Jan. 22, 2014—The Right to Vote Under State Constitutions This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is “fundamental,” the “essence of a democratic society,” and “preservative of all rights.” But courts and scholars are still searching for a solution to...
Uncovering the Silent Victims of the American Medical Liability System
Jan. 22, 2014—Uncovering the Silent Victims of the American Medical Liability System A frequently overlooked problem with the current medical liability system is the vast number of medical errors that go uncompensated. Although studies indicate that 1% of hospital patients are victims of medical negligence, fewer than 2% of these injured patients file claims. In this Article,...
Toward a Definitive History of Griggs v. Duke Power, Co.
Jan. 22, 2014—Toward a Definitive History of Griggs v. Duke Power Co.
Screening Legal Claims Based on Third-Party Litigation Finance Agreements and Other Signals of Quality
Nov. 24, 2013—Screening Legal Claims Based on Third-Party Litigation Finance Agreements and Other Signals of Quality
Setting Attorney’s Fees in Securities Class Actions: An Empirical Assessment
Nov. 24, 2013—Setting Attorneys’ Fees in Securities Class Actions: An Empirical Assessment
Understanding Causation in Private Securities Lawsuits: Building on Amgen
Nov. 24, 2013—Understanding Causation in Private Securities Lawsuits: Building on Amgen
The Fraud-on-the-Market Tort
Nov. 24, 2013—The Fraud-on-the-Market Tort
Fee Shifting and the Free Market
Nov. 24, 2013—Fee Shifting and the Free Market
Duty in the Litigation-Investment Agreement: The Choice Between Tort and Contract Norms when the Deal Breaks Down
Nov. 24, 2013—Duty in the Litigation-Investment Agreement: The Choice Between Tort and Contract Norms when the Deal Breaks Down
How Much Is That Lawsuit in the Window? Pricing Legal Claims
Nov. 24, 2013—How Much Is That Lawsuit in the Window? Pricing Legal Claims