Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 55, No. 5, October

An Equality Paradigm for Preventing Genetic Discrimination
This Article argues for the creation of equality-based protection against genetic discrimination, along the lines of protection against race and sex discrimination. The new science of genomics promises unparalleled benefits for public health, but also...
A Search for the Best IDEA: Balancing the Conflicting Provisions of the Individuals with Disabilities Education Act
I. INTRODUCTION One issue that is consistently at the forefront of political debate in America is the educational system.1 The debate over education involves funding, accountability, and curriculum issues, among others. IMAGE FORMULA4One education issue...
Maintaining the Adversarial System: The Practice of Allowing Jurors to Question Witnesses during Trial
I. INTRODUCTION A defendant sits in the witness stand undergoing examination by his attorney. He is accused of armed robbery, among other criminal IMAGE FORMULA4acts. During the course of the defendant's testimony, a juror blurts out that he has a question....
Press One for Warrant: Reinventing the Fourth Amendment's Search Warrant Requirement through Electronic Procedures
Numerous rulings by the Supreme Court have confirmed the long-held assertion that the Fourth Amendment's warrant requirement is a "centerpiece for the law of search and seizure, and that prescreening by neutral and detached magistrates is [at] the heart...
The Critical Resource Theory of Fiduciary Duty
This Article proposes a new theory to unify the law of fiduciary duty. The prevailing view holds that fiduciary law is atomistic, arising for varied reasons in established categories of cases (such as trustee-beneficiary and director-shareholder) and...
The Marriage of the False Claims Act and the Freedom of Information Act: Parasitic Potential or Positive Synergy?
[N]othing is needed more than truth, and in relation to it everything else has only second-rate value.1 I. INTRODUCTION The qui tam provisions of the False Claims Act ("FCA" or "the Act") allow private citizens to prosecute fraud on the government's...