Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 57, No. 6, November

Brown, the Civil Rights Movement, and the Silent Litigation Revolution
Brown v. Board of Education had two collateral effects on the legal profession. First, it created a new set of professional heroes-plaintiffs' lawyers pursuing social reform through litigation. Second, it began the gradual deregulation of the bar, particularly...
Doing Good, Doing Well
Positioned at the intersection of big-money practice and social change litigation, mass torts provide a useful study in multiple motivations. Despite the difficulty disentangling reasons from rhetoric and rationalization, it is worth exploring the significance...
Human Rights Violations as Mass Torts: Compensation as a Proxy for Justice in the United States Civil Litigation System
The landmark human rights cases that have been litigated to judgment or settled in the United States' federal court system during the past twenty years have borne witness to the existence and inhumanity of the massive genocides that marred the twentieth...
Laying One Bankrupt Critique to Rest: Sosa V. Alvarez-Machain and the Future of International Human Rights Litigation in U.S. Courts
In the half-century since the Supreme Court's decision in Brown v. Board of Education, rights consciousness has expanded beyond Brown's domestic constitutional framework. Twenty-five years after Brown, the Second Circuit Court of Appeals decided Filartiga...
Litigated Learning and the Limits of Law
The fiftieth anniversary of Brown v. Board of Education warrants celebration, but not one that deflects careful analysis of the decision's influence on school desegregation in particular and equal educational opportunity more generally. The popular mythology...
On What A "Private Attorney General" Is-And Why It Matters
Although the phrase "private attorney general" is commonly employed in American law, its meaning remains elusive. The concept generally serves as a placeholder for any person who mixes public and private features in the adjudicative arena. Yet there...
Pretext, Transparency and Motive in Mass Restitution Litigation
This Article assesses the legal claims against the tobacco industry by the states that led to the $250 billion settlement now known as the Master Settlement Agreement ("MSA"). I assume that the critics of the MSA are mostly correct, and argue that, in...
School Funding Litigation: Who's Winning the War?
School funding litigation has its roots in Brown v. Board of Education and addresses the unresolved remnant in Brown's attack on the separate but equal doctrine by advocating for greater equity in school funding. Battles over school funding have been...
"The House Was Quiet and the World Was Calm the Reader Became the Book"*
Professor Neuborne argues that we err in reading the Bill of Rights "in splendid isolation" as a randomly ordered set of clause-bound norms. Instead, he argues that the disciplined order and placement of the thirty-three ideas in the Bill of Rights,...
With All Deliberate Speed: Civil Human Rights Litigation as a Tool for Social Change
In Sosa v. Alvarez-Machain, the United States Supreme Court confirmed the jurisprudential validity of suits brought under the Alien Tort Claims Act to enforce international human rights norms. This Essay is concerned with the strategic and normative...