En Banc
- Is the Copyright Public Domain Irrevocable? An Introduction to Golan v. Holder
PDF Tyler T. Ochoa
64 Vand. L. Rev. En Banc 123 (2011) - Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention
PDF Daniel Gervais
64 Vand. L. Rev. En Banc 147 (2011) - Golan Restoration: Small Burden, Big Gains
PDF Dale Nelson
64 Vand. L. Rev. En Banc 165 (2011) - A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws
PDF David S. Olson
64 Vand. L. Rev. En Banc 185 (2011) - In the Trenches with § 104A: An Evaluation of the Parties’ Arguments in Golan v. Holder as It Heads to the Supreme Court
PDF Elizabeth Townsend Gard
64 Vand. L. Rev. En Banc 199 (2011)
Responses
- The Legal Regulation of Gay and Lesbian Families as Interstate Immigration Law
PDF Sarah Abramowicz
65 Vand. L. Rev. En Banc 11 (2012) - Localism and Capital Punishment
PDF Stephen F. Smith
64 Vand. L. Rev. En Banc 105 (2011) - Antitrust Merger Efficiencies in the Shadow of the Law
PDF D. Daniel Sokol & James A. Fishkin
64 Vand. L. Rev. En Banc 45 (2011)
Comments
- The Hidden Second Amendment Framework within District of Columbia v. Heller
PDF Andrew R. Gould
62 Vand. L. Rev. 1535 (2009)
Featured Article
EXTRALEGAL PUNISHMENT FACTORS
by Paul H. Robinson, Sean E. Jackowitz, and Daniel M. Bartels
The criminal law’s formal criteria for assessing punishment are typically contained in criminal codes, the rules of which fix an offender’s liability and the grade of the offense. A look at how the punishment decisionmaking process actually works, however, suggests that courts and other decisionmakers frequently go beyond the formal legal factors and take account of what might be called “extralegal punishment factors” (“XPFs”).
XPFs, the subject of this Article, include matters as diverse as an offender’s apology, remorse, history of good or bad deeds, public acknowledgment of guilt, special talents, old age, extralegal suffering from the offense, as well as forgiveness or outrage by the victim, and special hardship of the punishment for the offender or his family. Such XPFs can make a difference at any point in the criminal justice process at which decisionmakers exercise discretion, such as when prosecutors decide what charge to press, when judges decide which sentence to impose, when parole boards decide when to release a prisoner, and when executive officials decide whether to grant clemency, as well as in less-visible exercises of discretion, such as in decisions by police officers and trial jurors.
PDF · Paul H. Robinson, Sean E. Jackowitz, Daniel M. Bartels · 65 Vand. L. Rev. 737 (2012).
Featured Book Review
GO WHITE, YOUNG MAN
by Alfred L. Brophy
The Invisible Line: Three American Families and the Secret Journey From Black to White, by Daniel J. Sharfstein, follows three families whose members at some point crossed the color line separating black from white—or tried and failed to. These case studies tell us what it is to be American—how race is central to our identity, how we use race to take down opponents or to exclude—and how the line separating black and white is sometimes porous. However, is not the story of race and American legal history about the ways that race is defined by law and by norms? Race mattered because people policed the line separating blacks and whites. That many states classified people with a small percentage of African ancestry as white suggests that it was possible to move across the color line. Still, the cases where the color line was policed, rather than crossed, are significant.
PDF · Alfred L. Brophy · 65 Vand. L. Rev. En Banc 1 (2012).
Image Courtesy of the Ohio Historical Society
Current Publication
Vanderbilt Law Review
Volume 65, Number 3
Articles
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David Fagundes & Jonathan S. Masur,
Costly Intellectual Property,
65 Vand. L. Rev. 677 (2012) -
Paul H. Robinson, Sean E. Jackowitz, Daniel M. Bartels,
Extralegal Punishment Factors: A Study of Forgiveness, Hardship, Good Deeds, Apology, Remorse, and Other Such Discretionary Factors in Assessing Criminal Punishment,
65 Vand. L. Rev. 737 (2012) -
Eyal Zamir,
Loss Aversion and the Law,
65 Vand. L. Rev. 829 (2012) -
Jill Elaine Hasday,
Siblings in Law,
65 Vand. L. Rev. 897 (2012)
Notes
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Stephanie A. Kostiuk,
After GINA, NINA? Neuroscience-Based Discrimination in the Workplace,
65 Vand. L. Rev. 933 (2012) -
Mary Alexander Myers,
Standing on the Edge: Standing Doctrine and the Injury Requirement at the Borders of Establishment Clause Jurisprudence,
65 Vand. L. Rev. 979 (2012) -
Rachel A. Weisshaar,
Hazy Shades of Winter: Resolving the Circuit Split over Preliminary Injunctions,
65 Vand. L. Rev. 1011 (2012)

