Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 61, No. 5, October

A Darwinist View of the Living Constitution
The metaphor "living Constitution" imports terms from biology into law and, in the process, relies on biology for its meaning. A proper understanding of biology is therefore central to understanding living constitutionalism. Yet despite its rampant use...
Individualized Justice in Disputes over Dead Bodies
Trusts and estates scholars have challenged the outdated family paradigm of inheritance law. They have shown that the inheritance system's bias in favor of the "traditional" family excludes members of today's families, rewards the unworthy, ignores the...
Managing Manure: Using Good Neighbor Agreements to Regulate Pollution from Agricultural Production
I. INTRODUCTIONIn an episode of the popular television series Seinfeld, George Costanza narrowly avoids stepping in a pile of horse manure and emphatically declares, "[M]anure's not that bad. I don't even mind the word 'manure.' You know, it's, it's...
The Effects Test: Extraterritoriality's Fifth Business
American laws increasingly regulate the conduct of foreigners abroad. The growth in extraterritorial laws, in no small part, can be traced to the effects test-a doctrine that instructs courts to presume that Congress intended to regulate extraterritorially...
The iPhone and the DMCA: Locking the Hands of Consumers
It's high noon, Apple and AT&T - we really hate to break it to you, but the jig is up.- Engadget.com1I. INTRODUCTIONOn August 24, 2007, less than two months after its initial release for sale, the Apple iPhone was unlocked, untethering the phones...
The (Not So) Puzzling Behavior of Angel Investors
Angel investors fund start-ups in their earliest stages, which creates a contracting environment rife with uncertainty, information asymmetry, and agency costs in the form of potential opportunism by entrepreneurs. Venture capitalists also encounter...