News and Events
Vanderbilt Law Review in the Courts and in the News
Derek Black, Federalizing Education by Waiver?, 68 VAND. L. REV. (forthcoming Apr. 2015). In Spring 2013, the U.S. Secretary of Education told states he would use his statutory power to waive violations of the No Child Left Behind Act (NCLB) but only on the condition that they adopt his new education policies—policies that had already failed in Congress. Professor Derek Black’s article calls into doubt the constitutionality and efficacy of NCLB’s power to remake law through waiver. Several news outlets recently discussed Professor Black’s article:
- Letter from Rick Scott, Governor of the State of Florida, to Secretary Arne Duncan, U.S. Department of Education, Re: Request to Designate Jurisdiction to the Office of Administrative Law Judges (October 17, 2014);
- Memorandum from Sean D. Reyes, Utah Attorney General, to Gary Herbert, Governor of the State of Utah, Re: Common Core Standards Legal Analysis (October 7, 2014);
- Peter Greene, Law Professor Declares Arne Duncan’s Waivers Illegal, THE HUFFINGTON POST (Sept. 1, 2014);
- Max Ehrenfreund, Oklahoma’s Public Schools are Starting the Year in Legal Limbo, WASH. POST (Aug. 30, 2014); and
- Diane Ravitch, Peter Greene: Are Duncan’s Waivers Unconstitutional?, DIANE RAVITCH’S BLOG (Aug. 29, 2014).
Samuel L. Bray, A Little Bit of Laches Goes a Long Way: Notes on Petrella v. Metro-GoldwynMayer Inc., 67 VAND. L. REV. EN BANC 1 (2014). Professor Bray’s piece in En Banc was recently cited throughout an amicus brief before the Federal Circuit:
- Corrected Brief of Amici Curiae Law Professors in Support of Plaintiffs-Appellants at 2, 3, 10, 14, SCA Hygiene Products Aktibolag et al. v. First Quality Baby Products, LLC, 767 F.3d 1339 (2014) (No. 2013-1564).
Hon. Harvie J. Wilkinson III, Essay, In Defense of American Criminal Justice, 67 VAND. L. REV. 1099 (2014). Judge Wilkinson’s essay responds to heavy criticism of the criminal process, particularly the adjudicatory process and the criminal trial. He argues that “the system’s front-end features-namely, early process and early resolution”—embody democratic values and are worthy of respect.
- George F. Will, Is the Criminal Justice Act of 1964 a Failure?, WASH. POST (Aug. 22, 2014);
- Mark Godsey, New Scholarship Spotlight: In Defense of American Criminal Justice, WRONGFUL CONVICTIONS BLOG (July 18, 2014); and
- Judge Wilkinson’s View of the Good, SIMPLE JUSTICE, A CRIMINAL DEFENSE BLOG (June 23, 2014).
Matthew P. Downer, Note, Tentative Interpretations: The Abracadabra of Administrative Rulemaking and the End of Alaska Hunters, 67 VAND. L. REV. 875 (2014). Recent alumnus Matthew Downer’s Note won the 2014 Gellhorn-Sargentich Writing Competition, sponsored by the American Bar Association:
- Matthew Downer ‘14 Wins 2014 Gellhorn-Sargentich Writing Competition Sponsored by ABA, VANDERBILT LAW SCHOOL (October 10, 2014).
James D. Cox, Understanding Causation in Private Securities Lawsuits: Building on Amgen, 66 VAND. L. REV. 1719, 1732 (2013). Professor James Cox discusses the role that causation should play in private securities litigation and demonstrates how that objective can be achieved within current Supreme Court formulations of causation. Justice Thomas cited this Article recently in his concurring opinion:
- Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398, 2421–23 (2014) (Thomas, J., concurring in the judgment).
Keane A. Barger, Note, Be a Liar or You’re Fired! First Amendment Protection for Public Employees Who Object to Their Employer’s Criminal Demands, 66 VAND. L. REV. 1541 (2013). Recent alumnus Keane Barger’s Note was cited in two merits briefs:
- Petition for Writ of Certiorari, Gibson v. Kilpatrick, 134 S. Ct. 2874 (2014) (No. 13-1093) (mem.), 2014 WL975919 at *5 n.1; and
- Reply Brief for Petitioner, Lane v. Franks, 134 S. Ct. 2369 (2014) (No. 13-483), 2013 WL 6185612 at *6.
Zachary S. Price, Enforcement Discretion and Executive Duty, 67 VAND. L. REV. 671 (2014). This article discusses the constitutional basis and parameters of executive enforcement discretion. Professor Price argues that constitutional authority for enforcement discretion certainly exists, but it is both limited and defeasible.
- George F. Will, Obama’s Extreme Use of Executive Discretion, WASH. POST (Dec. 18, 2013).
William E. Nelson, Harvey Rishikof, I. Scott Messinger & Michael Jo, The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation?, 62 VAND. L. REV. 1749 (2009). This study discusses the impact that the election of Barack Obama as President and the return of large Democratic majorities to Congress would have on the Supreme Court. The New York Times’ Supreme Court correspondent, Adam Liptak, covers the study by Nelson et al. in two articles:
- Adam Liptak, The Polarized Court, N.Y. TIMES (May 10, 2014); and
- Adam Liptak, A Sign of the Court’s Polarization: Choice of Clerks, N.Y. TIMES (Sept. 6, 2010).