Volume 68, Number 2
(March 2015)
The Sins of Innocence in Standing Doctrine
Mar. 19, 2015—The Sins of Innocence in Standing Doctrine ABSTRACT Should reverse discrimination plaintiffs always be able to challenge race-conscious selection policies in court? Conventional standing doctrine requires plaintiffs to show that the contested policy or practice has caused a concrete, personal harm. Yet in affirmative action cases, courts seem to have quietly dispensed with this required...
The Geography of Bankruptcy
Mar. 19, 2015—The Geography of Bankruptcy ABSTRACT Companies routinely file bankruptcy cases in venues that have no meaningful connection to the company, its operations, or its stakeholders. This practice (1) divorces bankruptcy and venue from their ties to location; (2) disrupts the fundamental balance underlying the Bankruptcy Code by shifting the focus exclusively to the needs of...
Voting Squared: Quadratic Voting in Democratic Politics
Mar. 19, 2015—Voting Squared: Quadratic Voting in Democratic Politics ABSTRACT Conventional democratic institutions aggregate preferences poorly. The norm of one-person–one-vote with majority rule treats people fairly by giving everyone an equal chance to influence outcomes but fails to give proportional weight to people whose interests in a social outcome are stronger than those of other people. This...
A Tale of Two Jurisdictions
Mar. 19, 2015—A Tale of Two Jurisdictions ABSTRACT The Supreme Court has recently clarified one corner of personal jurisdiction—a court’s power to hale a defendant into court—and pointed the way toward a coherent theory of the rest of the doctrine. For nearly seventy years, the Court has embraced two theories of when jurisdiction over a defendant is...
Criminal Asset Forfeiture and the Sixth Amendment After Southern Union and Alleyne: State-Level Ramifications
Mar. 19, 2015—Criminal Asset Forfeiture and the Sixth Amendment After Southern Union and Alleyne: State-Level Ramifications AUTHOR J.D. Candidate, 2015, Vanderbilt University Law School; B.A., 2010, University of Pennsylvania.
Desperate Times Call for Desperate Measures: States Lead Misguided Offensive to Enforce Sales Tax Against Online Retailers
Mar. 19, 2015—Desperate Times Call for Desperate Measures: States Lead Misguided Offensive to Enforce Sales Tax Against Online Retailers AUTHOR J.D. Candidate, 2015, Vanderbilt University Law School; M.A., 2010, University of Memphis; B.S., 2006 Full Sail University.