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Articles 91 - 120 of 8031
Full-Text Articles in Law
The Public Health Cost Of Online Behavioral Targeting, Arthi Annadurai
The Public Health Cost Of Online Behavioral Targeting, Arthi Annadurai
Vanderbilt Journal of Entertainment & Technology Law
Behavioral targeting is an increasingly popular marketing technique that utilizes users’ online activity to personalize advertisements aimed at consumers. However, since personalized advertisements aim to influence individual consumers, behavioral targeting can negatively impact vulnerable users. For instance, it may reinforce harmful behaviors—like showing alcohol advertisements to individuals with alcohol dependency—or worsen mental health struggles, such as prolonging grief by continuing to serve parenting advertisements to those mourning the loss of a child. These practices can perpetuate harmful behaviors, such as relapse or heightened psychological distress, and contribute to long-term health problems, such as addiction or other mental health problems, creating …
Private Law Without Precedent, Danielle D’Onfro
Private Law Without Precedent, Danielle D’Onfro
Vanderbilt Law Review
A common-law system assumes that judges regularly issue new opinions that clarify and update the law over time. At the same time, our federal system assumes that state courts will do the bulk of judicial lawmaking, especially in private law. And, with a few exceptions, our broader legal system assumes that state private law has allocated entitlements and obligations into a coherent system. None of these assumptions has been true for a long time. This Article offers a comprehensive account of when and why these assumptions about the proper functioning of private law fail. It then uses this account to …
Dexit Stage West: You Can Incorporate Anytime You Like, But Can You Ever Leave?, Caroline Grady
Dexit Stage West: You Can Incorporate Anytime You Like, But Can You Ever Leave?, Caroline Grady
Vanderbilt Law Review
A company has the freedom to choose which state’s laws will govern its internal affairs when first deciding where to incorporate. Once established and operating under the laws of a particular jurisdiction, the corporation’s shareholders receive a set of rights they opted into by purchasing shares. Many Fortune 500 companies have chosen Delaware as their home due to its robust body of corporate law. Recently, however, some fiduciaries at high-profile companies have grown frustrated with the shareholder-friendly trend in Delaware courts—one that makes it easier for shareholders to sue. In response, western states—particularly Nevada and Texas—have gained the attention of …
Localizing Public Order, Brenner M. Fissell
Localizing Public Order, Brenner M. Fissell
Vanderbilt Law Review
Public order offenses—public intoxication, sleeping outside, etc.—seem trivial, but they have enormous consequences for marginalized populations. These are the offenses that justify coercive police interactions, as well as entry into the procedural morass of the criminal legal system. Accordingly, these offenses have received extensive scholarly attention, with decades of research addressing their vagueness and their impact on urban communities of color. But no work has been done to survey how much of this conduct is criminalized and at what jurisdictional level—city or state. This Article picks up that task, undertaking a comprehensive analysis of the criminal codes of the fifty …
Judicial Enforcement Of Evidence Law, G. Alexander Nunn
Judicial Enforcement Of Evidence Law, G. Alexander Nunn
Vanderbilt Law Review
The truth matters. At least it should. In the courtroom, truth can serve as the cornerstone of justice, liberating the innocent, vindicating victims, and holding the guilty to account. Indeed, truth is such a normative imperative that an entire legal discipline now focuses on fostering its discovery at trial— evidence law. By regulating both the reliability of proof and the rationality of cognitive inferences, evidence law seeks to help factfinders discern truth and reach an accurate verdict. And given the importance of that role, one might naturally assume that the strict enforcement of evidence law would be a legal mandate …
The Not-So-Silent Side Effects Of Upzoning: Noise Pollution, Mackenzi Barrett
The Not-So-Silent Side Effects Of Upzoning: Noise Pollution, Mackenzi Barrett
Vanderbilt Law Review
A broad coalition has formed to oppose restrictive zoning laws. According to this coalition, zoning is largely to blame for the current housing crisis facing the United States, and to increase the housing supply, cities across the country should embrace upzoning—that is, loosen zoning laws to allow for greater density. Like many other well-intentioned policy changes, upzoning has the possibility for negative unintended consequences. Among those consequences is noise pollution. In recent decades, noise pollution has gone largely undiscussed in the United States. Notwithstanding this neglect, existing research demonstrates that noise pollution can have serious adverse effects on people’s health …
Torts Mismatches, Ed Cheng, Ehud Guttel
Torts Mismatches, Ed Cheng, Ehud Guttel
Vanderbilt Law Review
In torts, the damages required for full compensation of the victim and optimal deterrence of the injurer are normally the same. This correspondence is perfectly natural: If the injurer fully compensates the victim, then the injurer will completely internalize his externalities. Yet sometimes full compensation and optimal deterrence do not align. A well-known example is punitive damages, in which victims are purposely overcompensated to optimally deter injurers. What the literature has failed to acknowledge is that these torts mismatcheswhen full compensation of victims and optimal deterrence of injurers are incompatibleoccur elsewhere and explain controversial and unresolved doctrinal areas of torts. …
Delaware Supreme Court Rules That Officer Exculpation Amendments Do Not Require Separate Class Vote Of Non-Voting Shares, Robert S. Reder, Ricky Bayon-Barrea
Delaware Supreme Court Rules That Officer Exculpation Amendments Do Not Require Separate Class Vote Of Non-Voting Shares, Robert S. Reder, Ricky Bayon-Barrea
Vanderbilt Law Review En Banc
No abstract provided.
Chancery Court Rejects Argument That Corwin Is Inapplicable To Postsigning Board Actions Characterized As "Extrinsic" To Merger Process Approved By Stockholders, Robert S. Reder, Jonathan Rose
Chancery Court Rejects Argument That Corwin Is Inapplicable To Postsigning Board Actions Characterized As "Extrinsic" To Merger Process Approved By Stockholders, Robert S. Reder, Jonathan Rose
Vanderbilt Law Review En Banc
No abstract provided.
Class Or Series?: Chancery Court Clarifies Process For Validating Flawed Spac Stockholder Votes, Robert S. Reder, Alexander Stanham
Class Or Series?: Chancery Court Clarifies Process For Validating Flawed Spac Stockholder Votes, Robert S. Reder, Alexander Stanham
Vanderbilt Law Review En Banc
No abstract provided.
Target Companies Regain “Significant Tool” To Encourage Reluctant Buyers To Consummate Public Merger Transactions, Robert S. Reder, Noah Nance
Target Companies Regain “Significant Tool” To Encourage Reluctant Buyers To Consummate Public Merger Transactions, Robert S. Reder, Noah Nance
Vanderbilt Law Review En Banc
No abstract provided.
Death By Incarceration: Juvenile Life Without Parole Is Always Cruel And Unusual, Elizabeth Wehby
Death By Incarceration: Juvenile Life Without Parole Is Always Cruel And Unusual, Elizabeth Wehby
Vanderbilt Law Review En Banc
No abstract provided.
Transforming The World With Reparations, Ingrid Wuerth Brunk, Monica Hakimi
Transforming The World With Reparations, Ingrid Wuerth Brunk, Monica Hakimi
Vanderbilt Law School Faculty Publications
This special issue of the American Journal of International Law—devoted entirely to reparations in international law—offers a range of perspectives on reparations for large-scale harms relating to colonialism, slavery, industrialization, and transboundary pollution. As the symposium authors describe, the gap between the reparations that justice might demand and the ones that international law provides is enormous. The international law for reparations does not come close to remedying such harms and is not poised to do so anytime soon.
Is There Life In The Ruins? A Look At Post-Sveen Contract Clause Jurisprudence, James W. Ely, Jr.
Is There Life In The Ruins? A Look At Post-Sveen Contract Clause Jurisprudence, James W. Ely, Jr.
Vanderbilt Law School Faculty Publications
Seven years ago, in Sveen v. Melin, the Supreme Court applied the prevailing multipart test and rejected a contract clause claim. The result was hardly a surprise. The Court has not invoked the contract clause to invalidate a state law in more than forty years. The decision broke no new ground and seemingly signaled that the Court was content with the current multipart test, one that appears calculated to uphold state regulatory authority rather than vindi- cate the rights of contracting parties. Justice Neil Gorsuch force- fully dissented in Sveen, insisting that the multifactor test "seems hard to square with …
Do Representative Payments Matter?, Brian T. Fitzpatrick, Colton Cronin
Do Representative Payments Matter?, Brian T. Fitzpatrick, Colton Cronin
Vanderbilt Law School Faculty Publications
For many decades, courts have awarded the representative plaintiffs who bring class actions an extra payment when the actions recover something for the class. It has long been thought that the payments are necessary to induce a class member to step forward and serve as a representative, and, without them, many class actions would go away. Indeed, we show that the payments had become all but ubiquitous in non-securities class actions. In 2020, however, the United States Court of Appeals for the Eleventh Circuit became the only circuit to hold the payments unlawful. We test whether the Eleventh Circuit's decision …
Chancery Court Applies Entire Fairness Standard Of Review In Assessing Actions Of Conflicted Fiduciaries Engaging In "Value-Destructive" Spac Transactions, Robert S. Reder, John Rand Dorney
Chancery Court Applies Entire Fairness Standard Of Review In Assessing Actions Of Conflicted Fiduciaries Engaging In "Value-Destructive" Spac Transactions, Robert S. Reder, John Rand Dorney
Vanderbilt Law School Faculty Publications
In the Gig Cases, Vice Chancellor Will followed the line of analysis she first adopted in MultiPlan by applying traditional fiduciary principles to address conflicts inherent in the standard SPAC structure. First, the Vice Chancellor rejected application of the deferential business judgment rule in favor of the more exacting entire fairness standard, finding both a conflicted controller and a conflicted board. While maybe not outcome determinative, this standard of review places a heavy burden on fiduciary defendants that generally precludes pleading stage dismissal. Second, the Vice Chancellor closely parsed language in disclosures made to stockholders to support, at least at …
Making The New Public Safety Safe, Christopher Slobogin
Making The New Public Safety Safe, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Shawn Fields' The New Public Safety: Police Reform and the Lurking Threat to Civil Liberties, which will be published by the University of California Press in September, is a brave and wise effort to envision a post-DeFund the Police world. While the defund movement has, at best, been a mixed success, some municipalities have experimented with de-policing routine interactions with people who are unhoused and mentally ill, authorizing civilian "violence interrupters" to roam the streets, and handing over traffic enforcement to unarmed officials. In The New Public Safety, Fields endorses these developments but also cautions that, without regulation, they will …
The Wages Of Constitutional Interpretation, Francesca L. Procaccini
The Wages Of Constitutional Interpretation, Francesca L. Procaccini
Vanderbilt Law School Faculty Publications
The future of constitutional interpretation is a dynamic amalgam of knowns and unknowns. This article explores three. First, an unknown known: the Court's embrace of formal equality methodologies, more than originalist methodologies, is driving current conservative changes in constitutional law and ushering in a stale and acontextual bent to constitutional rights. Second, another unknown known: both the Court's equality and originalist methodologies serve to jettison the longstanding and widespread use of intermediate scrutiny and thereby push the level of protection for rights to the extremes. Finally, a known unknown: the Court's embrace of hyper-formal equality and originalist rules transfers hegemonic …
Data-Driven Police Profiling, Christopher Slobogin
Data-Driven Police Profiling, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Police departments increasingly rely on algorithms and other data- driven methods of identifying high-crime areas andpeople who are at high risk for involvement in crime. This Article examines several constitutional obstacles to this type ofpolicing. First, to the extent that these algorithms rely on data entitled to privacy protection, they may violate the Fourth Amendment. Second, the steps police take in response to a "hot" place or person designation must also be subject to constitutional regulation. Further, the principle of legality should prohibit the police from acting on any risk designation, even one that is very likely accurate, in the …
Cvsg In Chabad V. Russian Federation: Another Question Of Foreign State Immunity, Ingrid Wuerth Brunk
Cvsg In Chabad V. Russian Federation: Another Question Of Foreign State Immunity, Ingrid Wuerth Brunk
Vanderbilt Law School Faculty Publications
On June 2, 2025, the Supreme Court called for the views of the Solicitor General (“CVSG”) in Chabad v. Russian Federation. In Chabad’s petition for certiorari, the question presented is whether the Foreign Sovereign Immunities Act (FSIA)’s expropriation exception applies to a foreign state if the expropriated property—or property exchanged for it— is located outside of the United States and is owned or operated by an agency or instrumentality of the foreign state that is engaged in commercial activity in the United States. The D.C. Circuit answered no. It held that for a foreign state itself (as opposed to …
Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo's Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa M. Heydari
Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo's Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa M. Heydari
Vanderbilt Law School Faculty Publications
This Article summarizes findings from a civilliberties evaluation of Truleo, an Al-powered analytics platform designed to automate thereviewofpolice body-worn camera (BWC) footage. It includes a summary of how Truleo's platform works, policy choices made by the company, and our assessment ofsafeguards and risks of the platform from a civil liberties perspective. This Article also offers a series of recommendations for policymakers considering the adoption of Truleo or similar technologies. These indude the necessity for independent testing of claimed benefits, democratic authorization for deployment, and ongoing transparency and public input around the platform's design and operation. Importantly, this Article argues that …
Using The Transmission Grid To Make “Second Best” Decarbonization Better, Jim Rossi
Using The Transmission Grid To Make “Second Best” Decarbonization Better, Jim Rossi
Vanderbilt Law School Faculty Publications
Instead of a “first best” decarbonization approach such as a national carbon tax, U.S. efforts to decarbonize the electric power sector draw heavily on the decentralized, often fragmented tools of state utility regulation. These “second best” decarbonization approaches can create many benefits, but they also present several challenges for energy markets. In this Essay, I focus attention on how interstate transmission planning and cost allocation can help to mediate and improve the efficacy of second best decarbonization policies. Despite much-needed recent improvements to federal transmission policies, opportunities remain to continue to reform transmission grid regulation to improve second best decarbonization …
Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo's Ai Analytics Platform, Christopher Slobogin, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Alissa Marque Heydari
Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo's Ai Analytics Platform, Christopher Slobogin, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Alissa Marque Heydari
Vanderbilt Law School Faculty Publications
This Article summarizes findings from a civilliberties evaluation of Truleo, an Al-powered analytics platform designed to automate thereviewofpolice body-worn camera (BWC) footage. It includes a summary of how Truleo's platform works, policy choices made by the company, and our assessment ofsafeguards and risks of the platform from a civil liberties perspective. This Article also offers a series of recommendations for policymakers considering the adoption of Truleo or similar technologies. These indude the necessity for independent testing of claimed benefits, democratic authorization for deployment, and ongoing transparency and public input around the platform's design and operation. Importantly, this Article argues that …
Building A Long Text Privacy Policy Corpus With Multi-Class Labels, David Stein, Florencia Marotta-Wurgler
Building A Long Text Privacy Policy Corpus With Multi-Class Labels, David Stein, Florencia Marotta-Wurgler
Vanderbilt Law School Faculty Publications
Legal text poses distinctive challenges for natural language processing. The legal import of a term may depend on omissions, cross-references, or silence, Further, legal text is often susceptible to multiple valid, conflicting interpretations; as the saying goes: a good lawyer’s answer to any question is “it depends.”This work introduces a new, hand-coded dataset for the interpretation of privacy policies. It includes privacy policies from 149 firms, including materials incorporated by reference. The policies are annotated across 64 dimension that reflect the applicable legal rules and contested terms from EU and US privacy regulation and litigation. Our annotation methodology is designed …
Justice Citizenship, Lauren Sudeall
Justice Citizenship, Lauren Sudeall
Vanderbilt Law School Faculty Publications
In recent years, the topic of democracy has seen a resurgence-perhaps due in part to a recognition of its heightened global instability. Yet, in these pervasive discussions regarding democracy and its role with respect to governance, relatively little attention has been paid to the courts, particularly at the state and local levels where most people are likely to interact with them. In a time when the courts' authority is being questioned, it may be helpful to emphasize that courts, like all democratic institutions, are "of the people, by the people, [and] for the people." In relation to the other branches …
The Moral Boundary Of The Firm, Michael P. Vandenbergh, Jane E. Miller, Margaret Blair, Jonathan M. Gilligan
The Moral Boundary Of The Firm, Michael P. Vandenbergh, Jane E. Miller, Margaret Blair, Jonathan M. Gilligan
Vanderbilt Law School Faculty Publications
Scholars have wrestled with the legal boundary of the firm for generations. The legal boundary limits the extent to which a firm can be held liable for the torts, contractual, and regulatory obligations of other corporations. The existence of a legal boundary suggests that the law limits incentives for firms to control the climate and other environmental harms caused by their corporate suppliers. Yet recent research demonstrates that many of the largest corporations impose environmental requirements on their suppliers that exceed the legal requirements imposed on these suppliers. This suggests that some factors other than the threat of liability may …
Improving Distributional Analysis In Regulatory Evaluation: An Assessment Of The 2023 Circular A-4, W. Kip Viscusi, A. Fraas, John D. Graham, Kerry Krutilla, Randall Lutter, Jason F. Shogren
Improving Distributional Analysis In Regulatory Evaluation: An Assessment Of The 2023 Circular A-4, W. Kip Viscusi, A. Fraas, John D. Graham, Kerry Krutilla, Randall Lutter, Jason F. Shogren
Vanderbilt Law School Faculty Publications
The November 2023 revision to OMB Circular A-4 expands upon past guidance on distributional assessment in regulatory impact analysis and adds new options for conducting it, such as the use of distributional weights based on the marginal utility of income. This note explores the implications of key changes suggested in the 2023 guidelines and addresses modeling and data challenges that could yield recommendations for future revisions. We suggest that progress in improving distributional assessment in regulatory impact analysis is most likely if federal agencies collaborate with the National Science Foundation to produce model distributional analyses for different types of regulations.
Analysis Of Environmental Law Scholarship 2023-2024, Michael P. Vandenbergh, Chloe C. Allen, Linda K. Breggin, Sydney C. Schoonover
Analysis Of Environmental Law Scholarship 2023-2024, Michael P. Vandenbergh, Chloe C. Allen, Linda K. Breggin, Sydney C. Schoonover
Vanderbilt Law School Faculty Publications
The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute’s (ELI’s) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of some of the most creative and feasible environmental law and policy proposals from the legal academic literature each year. The articles that are considered include all environmental law articles published in select law journals during the previous academic year. The law journal articles that are republished and discussed are selected by Vanderbilt University Law School students with input from their course instructors and an …
The Sports-Betting Market: A Road To Sports Betting As Viable Investing, Tyler Gottlieb
The Sports-Betting Market: A Road To Sports Betting As Viable Investing, Tyler Gottlieb
Vanderbilt Journal of Entertainment & Technology Law
Since its legalization, sports betting has experienced rapid growth, both in terms of economic output and expansion into more states. The current system of sports betting in the United States requires individuals to place bets using a sportsbook. The sportsbook sets the lines on every bet. If an individual wins their bet, the sportsbook pays them money according to the listed odds. If an individual loses their bet, the sportsbook keeps the amount staked. Sportsbooks set lines in a way to ensure that on average, they make money on every bet. This system has been widely accepted, often based on …
Governing Global Gig Platforms In The Age Of Ai: When The Manager Is An Algorithm, David S. Lee, Felicia F. Chen Prosecution Development Fellow
Governing Global Gig Platforms In The Age Of Ai: When The Manager Is An Algorithm, David S. Lee, Felicia F. Chen Prosecution Development Fellow
Vanderbilt Journal of Entertainment & Technology Law
Gig workers are vulnerable to discrimination from the sharing economy platforms on which they work. This challenge is worsened by these platforms’ dependence on algorithms and artificial intelligence (AI) systems, which are used to control and direct gig workers. These platforms also often operate globally, and discrimination embedded within their algorithms can be magnified when exported into new cultural contexts.
These platforms exercise significant influence over gig workers, but their for-profit nature means that their boards and directors often prioritize shareholder value over gig worker protection. This tension has led to intense debates, as platforms attempt to minimize the rights …