Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 63, No. 3, April

Assisted Suicide, Morality, and Law: Why Prohibiting Assisted Suicide Violates the Establishment Clause
This Article argues that general prohibitions against assisted suicide violate the Establishment Clause because they support a particular and religiously based moral position. Many laws overlap with religious proscriptions, of course. The conclusion...
Cleaning Up Punitive Damages: A Statutory Solution for Unguided Punitive-Damages Awards in Maritime Cases
I. INTRODUCTIONIntentionally destroying property-boundary markers by sawing down the posts.1 Causing environmental disasters.2 Fraudulently refusing to settle insurance claims within coverage limits.3 Bad-faith dealing in big oil contracts.4 Hiding mild...
Constitutionality of Cyberbullying Laws: Keeping the Online Playground Safe for Both Teens and Free Speech
I. INTRODUCTIONThe Internet is a blessing and a curse.1 Along with the manifold benefits the Internet provides - electronic research, instantaneous news, social networking, online shopping, to name a few - comes a host of dangers: online harassment and...
Facilitating Wage Theft: How Courts Use Procedural Rules to Undermine Substantive Rights of Low-Wage Workers
In race and sex discrimination class actions, if a defendant employer makes a Rule 68 offer of judgment to the named plaintiffs, courts routinely refuse to dismiss the class claims. In stark contrast, in collective actions for failure to pay lawful wages,...
Optimizing Private Antitrust Enforcement
Private litigation is the predominant means of antitrust enforcement in the United States. Other jurisdictions around the world are increasingly implementing private enforcement models. Private enforcement is usually justified on either compensation...
The Future of Agency Independence
Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In this Article, we identify mechanisms...