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Full-Text Articles in Law

Preventing Foreign-Judgment Country Hopping With A New Transnational Recognition And Enforcement Standard, Ryan Everette Jan 2021

Preventing Foreign-Judgment Country Hopping With A New Transnational Recognition And Enforcement Standard, Ryan Everette

Vanderbilt Journal of Transnational Law

Since the 1990s, a group of plaintiffs from Ecuador has been involved in litigation with what is presently the Chevron Corporation. During the lawsuit in Ecuador’s courts, the plaintiffs’ lawyers took part in deceptive activities that led to an unreliable judgment against Chevron and has resulted in civil liability for the lawyers and an inability to enforce the judgment against Chevron in the United States for the plaintiff class. Over the better part of the last decade, the plaintiffs’ lawyers have sought and failed to enforce the judgment in several countries outside of the United States, leading to a prolonging …


Antitrust In Digital Markets, John M. Newman Oct 2019

Antitrust In Digital Markets, John M. Newman

Vanderbilt Law Review

Antitrust law has largely failed to address the challenges posed by digital markets. At the turn of the millennium, the antitrust enterprise engaged in intense debate over whether antitrust doctrine, much of it developed during a bygone era of smokestack industries, could or should evolve to address digital markets. Eventually, a consensus emerged: although the basic doctrine is supple enough to apply to new technologies, courts and enforcers should adopt a defendant-friendly, hands-off approach.

But this pro-defendant position is deeply-and dangerously-flawed. Economic theory, empirical research, and extant judicial and regulatory authority all contradict the prevailing views regarding power, conduct, and …


Discovery And The Social Benefits Of Private Litigation, Paul Stancil Nov 2018

Discovery And The Social Benefits Of Private Litigation, Paul Stancil

Vanderbilt Law Review

In the era just before the Federal Rules of Civil Procedure went into effect in 1938, federal civil litigation was a different animal.' Although Congress had created several private statutory causes of action before the 1930s,2 the federal civil docket prior to enactment of the Rules consisted primarily of diversity jurisdiction common law cases, labor injunctions and receiverships, and miscellaneous cases brought by the United States, including Prohibition-era "liquor cases" as well as internal revenue and food and drug enforcement. 3 Occasional exceptions notwithstanding, pre-New Deal federal courts hearing private claims functioned primarily as forums for the resolution of discrete, …


Less Is More, Jennifer B. Shinall Jan 2016

Less Is More, Jennifer B. Shinall

Vanderbilt Law School Faculty Publications

Eradicating discrimination is a lofty goal, ard since the second half of the twentieth century, the United States has largely relied upon the legal system to achieve this goal. Yet a great deal of scholarship suggests that the legal system may not always do a credible job. Scholars have documented multiple instances of discrimination laws' inaccessibility to discrimination victims individually and inability to improve the labor market prospects of victims as a whole. Still missing from the literature, however, is an assessment of what separates effective discrimination laws from ineffective ones. This Article fills this gap, using both qualitative and …


Recognition And Enforcement In Cross-Border Insolvency Law: A Proposal For Judicial Gap-Filling, Professor Sandeep Gopalan, Michael Guihot Jan 2015

Recognition And Enforcement In Cross-Border Insolvency Law: A Proposal For Judicial Gap-Filling, Professor Sandeep Gopalan, Michael Guihot

Vanderbilt Journal of Transnational Law

The globalization of business activity necessarily entails contacts with a diverse array of national laws and legal systems, and insolvencies in this context often have transnational consequences. In such situations, there is a clash of competing national laws on weighty questions including the recognition of security interests, processes related to the disbursal of assets, and different policy preferences underlying the protection of different kinds of creditors. These clashes pose difficulties because each country has framed its insolvency laws in response to particular political exigencies and the policy preferences of its citizens, reflecting different bargains between creditor and debtor protection. Despite …


Navigating The Minefield Of Trade Secrets Protection In China, Daniel C.K. Chow Jan 2014

Navigating The Minefield Of Trade Secrets Protection In China, Daniel C.K. Chow

Vanderbilt Journal of Transnational Law

Many Multinational Companies (MNCs) now consider trade secrets to be the most important intellectual property right in China, ahead of patents, trademarks, and copyrights. While trade secrets have become more valuable than ever as a business asset in China, many MNCs also find that the protection of trade secrets in China is full of pitfalls and traps. Unlike in the case of patents, trademarks, and copyrights, China has no unified law governing trade secrets, but has disjointed provisions scattered throughout various laws. The pitfalls are also created by a high evidentiary burden in proving a theft of a trade secret …


Policing Public Companies: An Empirical Examination Of The Enforcement Landscape And The Role Played By State Securities Regulators, Amanda Rose, Larry J. Leblanc Jan 2013

Policing Public Companies: An Empirical Examination Of The Enforcement Landscape And The Role Played By State Securities Regulators, Amanda Rose, Larry J. Leblanc

Vanderbilt Law School Faculty Publications

Multiple different securities law enforcers can pursue U.S. public companies for the same misconduct. These enforcers include a variety of federal agencies, class action attorneys, and derivative litigation attorneys, as well as fifty separate state regulators. Scholars and policy makers have increasingly questioned whether the benefits of this multienforcer approach are worth the costs, or whether a more coordinated and streamlined securities enforcement regime might lead to efficiency gains. How serious are these concerns? And what role do state regulators play in the enforcement mix? Whereas the enforcement efforts of the Securities and Exchange Commission and class action lawyers have …


State Enforcement Of National Policy: A Contextual Approach (With Evidence From The Securities Realm), Amanda Rose Jan 2013

State Enforcement Of National Policy: A Contextual Approach (With Evidence From The Securities Realm), Amanda Rose

Vanderbilt Law School Faculty Publications

This Article addresses a topic of contemporary public policy significance: the optimal allocation of law enforcement authority in our federalist system. Proponents of competitive federalism have long argued that assigning concurrent enforcement authority to states and the federal government can lead to redundant expense, policy distortion, and a loss of democratic accountability. A growing literature responds to these claims, trumpeting the benefits of concurrent state-federal enforcement - most notably the potential for state regulators to remedy under-enforcement by captured federal agencies. Both bodies of scholarship are right, but also incomplete. What is missing from this rather polarized debate is a …


A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos Jan 2011

A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos

Vanderbilt Law School Faculty Publications

The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in October 2009 that the Department of Justice (DOJ) would stop enforcing the federal marijuana ban against persons who comply with state medical marijuana laws. Given the significance of the medical marijuana issue in both criminal law and federalism circles, this Article sets out to provide the first in-depth analysis of the changes wrought by the DOJ’s new Non Enforcement Policy (NEP). In a nutshell, it suggests that early enthusiasm for the …


Mapping The American Shareholder Litigation Experience, Randall Thomas, James D. Cox Jan 2009

Mapping The American Shareholder Litigation Experience, Randall Thomas, James D. Cox

Vanderbilt Law School Faculty Publications

In this paper, we provide an overview of the most significant empirical research that has been conducted in recent years on the public and private enforcement of the federal securities laws. The existing studies of the U.S. enforcement system provide a rich tapestry for assessing the value of enforcement, both private and public, as well as market penalties for fraudulent financial reporting practices. The relevance of the U.S. experience is made broader by the introduction through the PSLRA in late 1995 of new procedures for the conduct of private suits and the numerous efforts to evaluate the effects of those …


The New Frontier Of State Constitutional Law, Jim Rossi, James A. Gardner Jan 2005

The New Frontier Of State Constitutional Law, Jim Rossi, James A. Gardner

Vanderbilt Law School Faculty Publications

In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the federal government, this new approach sees states as co-equals among themselves and between them and the federal government in a collective enterprise of democratic self-governance. This Symposium, organized around the theme of Dual Enforcement of Constitutional Norms, provides the occasion for leading scholars on state constitutional law to take a fresh look at their subject by adopting a vantage point outside of the individualized …


Public And Private Enforcement Of The Securities Laws: Have Things Changed Since Enron?, Randall Thomas, James D. Cox Jan 2005

Public And Private Enforcement Of The Securities Laws: Have Things Changed Since Enron?, Randall Thomas, James D. Cox

Vanderbilt Law School Faculty Publications

In this paper, we examine how those corporations that have been the targets of SEC enforcement efforts compare in terms of their size and financial health vis-a-vis firms that are targeted only by the private securities class action. We also ask whether the SEC or the private bar systematically proceeds against violators that cause the greatest loss to investors. In this regard, we are intrigued by the most basic question posed by private suits, whether settlements bear any relationship to the losses suffered by the class and whether those losses bear any relationship to the size of either the firm …


Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song Jan 2002

Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song

Vanderbilt Law School Faculty Publications

Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation models, and thus intended to be channeled through the firm-specific behavioral responses predicted under the rational polluter and good-apple models. Little attention has been paid to the systems level question. The relevant question under the systems model is whether there is a component of noncompliance that does not respond to sanction and facilitation policies that are intended to illicit firm-specific behavioral responses. To answer this will require (1) identifying instances …


Protecting Privacy On The Front Page: Why Restrictions On Commercial Use Of Law Enforcement Records Violate The First Amendment, Jason L. Cagle Oct 1999

Protecting Privacy On The Front Page: Why Restrictions On Commercial Use Of Law Enforcement Records Violate The First Amendment, Jason L. Cagle

Vanderbilt Law Review

An individual is involved in an automobile accident and is arrested for driving under the influence. A few days after being re- leased, he receives several letters in the mail. One is from a chiropractor offering services to treat his injuries. Another is from an alcohol abuse treatment center. Yet another is from an attorney who defends traffic offenses. Each of the solicitors obtained the individual's name and address from publicly available records concerning the incident. The letters are truthful and not misleading, but utilize publicly available information for purely commercial purposes at the expense of the individual's privacy.

Several …


Rethinking Antitrust Injury, Roger D. Blair, Jeffrey L. Harrison Nov 1989

Rethinking Antitrust Injury, Roger D. Blair, Jeffrey L. Harrison

Vanderbilt Law Review

Substantive changes in antitrust law since 1977 have had a dramatic impact on the vitality of antitrust enforcement.' Recent "procedural" changes now seem likely to have as great an influence. In the procedural area, the emphasis has been on antitrust standing and anti-trust injury. As a result of recent judicial interpretations of these requirements, antitrust plaintiffs face increasingly formidable hurdles. As courts focus on questions of standing and injury, important discussions about whether a practice should be held to a per se or rule of reason standards frequently are immaterial. If there is no qualified plaintiff,the substantive issue need never …


The United States Proposal For A Gatt Agreement On Intellectual Property And The Paris Convention For The Protection Of Industrial Property, Hans P. Kunz-Hallstein Jan 1989

The United States Proposal For A Gatt Agreement On Intellectual Property And The Paris Convention For The Protection Of Industrial Property, Hans P. Kunz-Hallstein

Vanderbilt Journal of Transnational Law

The GATT Arrangement would, in short, establish high international standards for the protection and enforcement of intellectual property rights of all kinds--including patents for biotechnology processes and products, patents for microorganisms, copyrights for computer programs, and the protection of trade secrets and integrated circuit layout designs. The parties to the GATT Arrangement would undertake to adapt their national laws and enforcement mechanisms accordingly and they are to agree on a dispute settlement mechanism that will provide for member states the possibility of resorting to retaliation, including withdrawal of other GATT concessions or obligations, against a state that fails to carry …


The Public Policy Exception To The Recognition Of Foreign Judgments, Jonathan H. Pittman Jan 1989

The Public Policy Exception To The Recognition Of Foreign Judgments, Jonathan H. Pittman

Vanderbilt Journal of Transnational Law

This Note examines the public policy exception to the recognition and enforcement of foreign judgments. The author first examines other grounds that a United States court can use to refuse to recognize a foreign judgment. An analysis of several cases construing the public policy exception follows. The author concludes with a suggested analysis for courts faced with the public policy exception.


The Export Administration Amendments Act Of 1985, Donald H. Caldwell, Jr. Jan 1986

The Export Administration Amendments Act Of 1985, Donald H. Caldwell, Jr.

Vanderbilt Journal of Transnational Law

This Note analyzes the EAAA and the administrative regulations it subsequently engendered; it also evaluates their success as of February 1987 in easing the burden of export controls and improving security over United States technological assets. In addition, it considers several complex issues at the heart of export control that Congress fails to address in the EAAA and the consequences of legislative silence in the national security area. Finally, it proposes changes in export control administration and policy that Congress should consider before the EAA comes up for reauthorization in September 1989.

Section II examines the development of United States …


Anticompetitive Practices In Great Britain: Expanded Enforcement Under The Competition Act 1980, Carol B. Swanson Jan 1982

Anticompetitive Practices In Great Britain: Expanded Enforcement Under The Competition Act 1980, Carol B. Swanson

Vanderbilt Journal of Transnational Law

The current antitrust laws are scattered among numerous statutory provisions. The British approach to antitrust laws is expressed in separate attacks on restrictive practices as opposed to broad attacks on monopolies and mergers. Restrictive agreements are controlled through a public registration process and reviewed by a specially-created court. Resale price maintenance is banned through similar procedures. Monopolies and mergers are investigated differently, with entire market sectors referred to a commission especially designed to determine whether a monopoly or merger operates against the public interest. This overall statutory structure is both too narrow, and too broad. It is too limited because …


Decision To Prosecute: Organization And Public Policy In The Antitrust Division, C. Paul Rogers, Iii Oct 1979

Decision To Prosecute: Organization And Public Policy In The Antitrust Division, C. Paul Rogers, Iii

Vanderbilt Law Review

Professor Suzanne Weaver's first book, Decision To Prosecute: Organization and Public Policy in the Antitrust Division, is a study of the Antitrust Division of the Department of Justice, its institutional behavior and its mechanisms for public policy formation.Although Professor Weaver's audience is not limited to the legal community, Decision To Prosecute will stimulate in two ways the interest of antitrust students, scholars, and practitioners. On one level, the reader will learn something about the internal operations of the Antitrust Division, and may reconsider his preformed judgments about that influential, trenchant branch of the Justice Department.


Administrative Coordination In Civil Rights Enforcement: A Regional Approach, Charles M. Lamb May 1978

Administrative Coordination In Civil Rights Enforcement: A Regional Approach, Charles M. Lamb

Vanderbilt Law Review

The failure of traditional coordinative efforts among federal agencies suggests that new and different approaches are imperative. This Article has emphasized a regional approach for solving these problems. Experience has shown that even well-intentioned and capable administrators in Washington cannot alone ensure compliance with the federal civil rights laws. They must have the full support of key regional officials of the federal government, and they must have a certain degree of cooperation from state and local officials. One means of gaining this support and assistance is through the Councils, which bring together in one forum high-level federal, state, and local …


Sec Enforcement And Professional Accountants: Philosophy, Objectives And Approach, John C. Burton Jan 1975

Sec Enforcement And Professional Accountants: Philosophy, Objectives And Approach, John C. Burton

Vanderbilt Law Review

The Commission's enforcement program in regard to professional accountants is one of the means by which it seeks to improve the quality and reliability of financial reporting in the United States. Effective utilization of this program can achieve an increasing quality of professional performance and the implementation on an industry-wide basis of improved quality control procedures, thereby assuring the vitality of auditing standards and public confidence in the profession as a whole. These objectives are being achieved through a selective, albeit vigorous, application of enforcement powers and the continued use of flexible and innovative approaches by the SEC. While the …


Enforcement In One Jurisdiction Of Right To Compensation Under Workmen's Compensation Act Of Another Jurisdiction, J. L. Boren Jr. Apr 1953

Enforcement In One Jurisdiction Of Right To Compensation Under Workmen's Compensation Act Of Another Jurisdiction, J. L. Boren Jr.

Vanderbilt Law Review

Since the introduction of workmen's compensation laws in this country, problems of conflict of laws have been rife. This condition has continued despite the universal adoption of such legislation, because the enactments of the various states differ. State legislatures have varied as to the bases of coverage written into their statutes. Frequently, the terms of more than one workmen's compensation law express coverage of a particular injury. Consequently, problems of the law applicable to a given injury have arisen in many cases and have been widely treated by legal writers.' It is not the purpose of this Note to delve …


State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover Feb 1952

State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover

Vanderbilt Law Review

The full faith and credit clause of the Constitution' has commonly been regarded as concerned only with the enforcement of foreign judgments between the states of the Union. The numerous cases which have come before the Supreme Court have dealt almost exclusively with the "judicial Proceedings" phrase of the clause, while the words "public Acts" and "Records" have been, for the most part, left untapped as a source of decisional law. It has only been in recent years that the Supreme Court has broadened its approach by applying the full faith and credit clause to the legislative acts of the …