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Full-Text Articles in Law
Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall Thomas
Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall Thomas
Vanderbilt Law School Faculty Publications
Proxy contests1 have reemerged recently as an important part of the market for corporate control. After years of indifference to corpo- rate elections, dissident shareholders have turned once again to the bal- lot box as a means of removing unwanted management. In a surprisingly large number of these battles, the challengers have succeeded in getting all or much of what they wanted." The resurgence of proxy contests has sparked renewed interest by incumbent managements in developing powerful new defensive tactics in corporate elections. Incumbents' time-honored campaign strategies, such as switching the annual shareholders' meeting date, or restricting the potential candidates …
Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher
Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher
Vanderbilt Law School Faculty Publications
This Article reports an attempt to investigate empirically important aspects of the Fourth Amendment to the United States Constitution, as construed by the United States Supreme Court. In the course of doing so, it touches upon two other topics. Most directly, it addresses the appropriate scope of the Fourth Amendment. Less directly, it raises questions about the role that empirical research should play in fashioning constitutional rules.
An Originalist Understanding Of Minimalism, Suzanna Sherry
An Originalist Understanding Of Minimalism, Suzanna Sherry
Vanderbilt Law School Faculty Publications
The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also tentatively endorses minimalism as a background presumption, suggesting that non-minimalist or aggressive judicial review must be affirmatively justified and should be limited to questions that are "vulnerable to majority sentiment."1 His primary argument in favor of minimalism is a democratic or majoritarian one: as between historically plausible interpretations of the written Constitution, the people and their elected representatives, rather than the unelected judiciary, …
Without Virtue There Can Be No Liberty, Suzanna Sherry
Without Virtue There Can Be No Liberty, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Over the past two and a quarter centuries, Americans have understood rights and liberties in a variety of different ways. What I hope to do in this essay is to describe the two most prominent traditions of our heritage of liberty, and then to explore a way in which we might reconcile the conflicts between them and make both traditions useful in the service of liberty today.
Racial Jurymandering: Cancer Or Cure? A Contemporary Review Of Affirmative Action In Jury Selection, Nancy J. King
Racial Jurymandering: Cancer Or Cure? A Contemporary Review Of Affirmative Action In Jury Selection, Nancy J. King
Vanderbilt Law School Faculty Publications
Racial and ethnic minorities continue to be substantially underrepresented on criminal juries. At all stages of jury selection-venue choice, source list development, qualified list development, and jury panel and foreperson selection-traditional methods of selection exclude a disproportionate number of minorities. In response, a growing number of jurisdictions are employing race-conscious procedures to ensure that minorities are represented in juries and jury pools in proportions that equal or exceed their percentages in local communities. At the same time, the Supreme Court's most recent pronouncements on affirmative action and standing suggest that these reforms may be short-lived. Professor King suggests that the …
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Vanderbilt Law School Faculty Publications
As the Court has expanded its definition of jury selection techniques that violate constitutional standards, it has narrowed the circumstances that entitle defendants to postconviction relief. These two developments are now colliding; the emerging law is uncertain. One trend, however, is plain: divisions over the utility and propriety of applying harmless error, prejudice, and innocence standards to jury discrimination claims are deepening. By carefully evaluating the validity of some these disputes, I hope to have made remedial choices more informed and more attainable.
Auctioning Class Action And Derivative Lawsuits: A Critical Analysis, Randall Thomas, Robert G. Hansen
Auctioning Class Action And Derivative Lawsuits: A Critical Analysis, Randall Thomas, Robert G. Hansen
Vanderbilt Law School Faculty Publications
Numerous legal academics and practitioners have criticized the handling by plaintiffs' attorneys of large-scale class action and derivative lawsuits. These critiques point out attorneys' abuse of the legal system, ranging from purported collusion among plaintiffs and defendants.