Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 63, No. 6, November

Admitting Guilt by Professing Innocence: When Sentence Enhancements Based on Alford Pleas Are Unconstitutional
I. INTRODUCTIONA few days before Christmas in 1994, in Vineland, New Jersey, Charles Apprendi, Jr. was drunk.1 At 2:04 a.m., he fired several shots from a .22 caliber gun into the home of an African-American family in his neighborhood.2 By 3:05 a.m.,...
Another Can of Crawford Worms: Certificates of Nonexistence of Public Record and the Confrontation Clause
I. INTRODUCTIONThe Confrontation Clause of the Sixth Amendment to the U.S. Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him."1 When the Supreme Court decided...
How to Kill the Scapegoat: Addressing Offshore Tax Evasion with a Special View to Switzerland
I. INTRODUCTIONIt began with headlines of nearly $20 billion in hidden assets, 52,000 secret bank accounts, confidential informants, court proceedings, and a $780 million fine.1 The Union Bank of Switzerland ("UBS") controversy, with all its dramatic...
Merging in the Shadow of the Law: The Case for Consistent Judicial Efficiency Analysis
This Article examines current judicial interpretation of Section 7 of the Clayton Act through the lens of negotiation theory. The research exposes a gap between how courts state they are analyzing efficiency claims in Section 7 Clayton Act enforcement...
Punishment as Suffering
When it comes to punishment, should we be subjectivists or objectivists? That is, should we define, measure, and justify punishment based on the subjective experiences of those who are punished or should we instead remain objective, focusing our attention...
The Pragmatic Incrementalism of Common Law Intellectual Property
"Common law intellectual property" refers to a set of judge-made legal regimes that create exclusionary entitlements in different kinds of intangibles. Principally the creation of courts, many of these regimes are older than their statutory counterparts...