Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 57, No. 5, October

File Early, Then Free Ride: How Delaware Law (Mis)Shapes Shareholder Class Actions
Delaware courts largely have privatized enforcement of fiduciary duties in public corporations and have expressly acknowledged this judicial policy. The Delaware courts also recognize that so encouraging private enforcement creates an obvious danger:...
Growing Pains: The Scope of Substantive Due Process Rights of Parents of Adult Children
I. INTRODUCTIONOn February 2, 1958, Milwaukee city police officer Thomas Grady shot and killed 23-year-old Daniel Bell.1 Officer Grady immediately attempted to cover up the incident, enlisting the help of a fellow officer to place a knife in Daniel's...
Mid-Decade Congressional Redistricting in a Red and Blue Nation
I. INTRODUCTIONFollowing the 2002 elections, Republicans in Texas and Colorado achieved unified control of their state governments.1 In both states, Republicans introduced congressional redistricting legislation and enacted a new redistricting map. Just...
Taking Adequacy Seriously: The Inadequate Assessment of Adequacy in Litigation and Settlement Classes
I. INTRODUCTIONIn the past decade, the debate over settlement classes has moved considerably beyond the "sturm und drang" inspired by the epic settlement classes in Amchem Products, Incorporated. v. Windsor1 and Ortiz v. Fibreboard Corporation.2 Whereas...
The Evidence on Securities Class Actions
This Article examines the theoritical issues and surveys the evidence on the desirability of securities class actions. Class actions offer the promise of energizing private enforcement of the securities laws, including in particular antifraud liability....
The Inevitability of Aggregate Settlement: An Institutional Account of American Tort Law
In the courts and in the academy, the ostensible commitment of American tort law to individualized justice has experienced a sustained revival in recent years. Neither the modern mass tort case-law nor the scholarly literature, however, has adequately...
The Muddled Duty to Disclose under Rule 10b-5
In recent years, courts have struggled with the affirmative duty to disclose in private securities litigation, particularly under Rule 10b-5. This Article survey a series of "muddles" in the law of securities fraud - relating to obligations pursuant...
The Public and Private Faces of Derivative Lawsuits
Derivative suits, long the principal vehicle for discussions about representative litigation in corporate and securities law, now share the stage with younger cousins - securities fraud class actions and state law fiduciary duty class actions. At the...
The Role of Opt-Outs and Objectors in Class Action Litigation: Theoretical and Empirical Issues
We study 236 cases in which we could ascertain quantitative information about the number of objectors, 159 cases with quantitative information about the number of opt-outs, 205 cases with both the size of the class and the number of objectors, and 143...