Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 58, No. 4, May

Damaged Goods: Why, in Light of the Supreme Court's Recent Punitive Damages Jurisprudence, Congress Must Amend the Federal Rules of Evidence
I. INTRODUCTIONSince the 1980s, a wide range of courts and commentators have expressed concern over large punitive damages awards handed out by civil juries against a wide array of tortfeasors. A late 2001 study revealed that from 1985 to 2001, eight...
Donor Standing to Enforce Charitable Gifts: Civil Society vs. Donor Empowerment
Philanthropy has a dirty little secret-that a gift to public charity restricted to a specific purpose is often used in ways not intended by the donor. In most states, the attorney general is the agent for enforcement of such gifts (an arrangement that...
From No Means No to Only Yes Means Yes: The Rational Results of an Affirmative Consent Standard in Rape Law
I. INTRODUCTION2003 saw the arrest of the star basketball player Kobe Bryant on charges of forcing a woman to have sex with him, charges that were dropped in 2004.1 This arrest is perhaps the most prominent in what has become a sordid procession of public...
From "Predominance" to "Resolvability": A New Approach to Regulating Class Actions
This Article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized question in most proposed class actions: assuming that a class has adequate representatives, how much variance among class members' circumstances should...
HMOs Behind Bars: Constitutional Implications of Managed Health Care in the Prison System
I. INTRODUCTIONIn 1991, the Correctional Corporation of America (CCA) entered into a contract with the State of Tennessee to house and treat state prisoners at CCA facilities.1 In response to increased costs, CCA negotiated a contract with a physician...
Reconciling Consent Searches and Fourth Amendment Jurisprudence: Incorporating Privacy into the Test for Valid Consent Searches
I. INTRODUCTIONThe Fourth Amendment states:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported...
Toward A New Federalism in State Civil Justice: Developing a Uniform Code of State Civil Procedure through a Collaborative Rule-Making Process
The federal rules of civil procedure were intended by their drafters to be a model for states to adopt, thereby promoting national procedural uniformity. From 1949 through 1975, federal procedure exerted a powerful influence over state civil procedure...