Volume 67 Category

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...

Bond, Buckley, and the Boundaries of Separation of Powers Standing

Mar. 24, 2014—4 – Marks _67_Vand_L_Rev_505

Getting to the (Non)Point: Private Governance as a Solution to Nonpoint Source Pollution

Mar. 24, 2014—5 – Robisch_67_Vand_L_Rev_539

**Immunity Games: How the State Department Has Provided Courts with a Post-Samantar Framework for Determining Foreign Official Immunity**

Mar. 24, 2014—6 – Smith_67_Vand_L_Rev_569

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,...

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