Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 64, No. 5, October

Breaching the Mortgage Contract: The Behavioral Economics of Strategic Default
Underwater homeowners face a quandary: Should they make their monthly payments as promised or walk away and save money? Traditional economic analysis predicts that homeowners will strategically default (voluntarily enter foreclosure) when it is cheaper...
Patently Impossible
The quest to achieve the impossible fuels creativity, spawns new fields of inquiry, illuminates old ones, and extends the frontiers of knowledge. It is difficult, however, to obtain a patent for an invention which seems impossible, incredible, or conflicts...
Plea Bargaining, Discovery, and the Intractable Problem of Impeachment Disclosures
In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This Article examines the scope of a prosecutor's obligation...
Richard A. Nagareda, in Memoriam 1963-2010
On November 12, 2010, the Vanderbilt University Law School held a service to commemorate the life and career of Professor Richard A. Nagareda, a leading civil litigation scholar whose work focused on aggregate litigation. Speaking at the ceremony were...
Should Twombly and Iqbal Apply to Affirmative Defenses?
I. INTRODUCTION ................................................................ 1634II. BACKGROUND: A BRIEF HISTORY OF PLEADING STANDARDS ..................................................................... 1639A. Pleading Under Conley ...........................................
Splitting the Baby: Standardizing Issue Class Certification
I. INTRODUCTION ................................................................ 1586II. BACKGROUND .................................................................. 1592A. The Nuts and Bolts of Class Certification ............ 1592B. The Emergence...
When a Promise Isn't a Promise: Public Employers' Ability to Alter Pension Plans of Retired Employees
I. INTRODUCTION ................................................................ 1674II. A DEVELOPING STORM: STATES' PUBLIC EMPLOYEE PENSION SOLVENCY PROBLEMS ....................................... 1675III. A LEGAL BATTLE: CHALLENGES TO THE COLORADO,...

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