Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 60, No. 1, January

A Theory of Expressive International Law
Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of...
Copyright in an Era of Information Overload: Toward the Privileging of Categorizers
Environmental laws are designed to reduce negative externalities (such as pollution) that harm the natural world. Copyright law should adjust the rights of content creators in order to compensate for the ways they reduce the usefulness of the information...
First Amendment Protection for the Publication of Private Information
I. INTRODUCTIONOver one hundred years ago, Samuel Warren and Louis Brandeis wrote, "Of the desirability-indeed of the necessity-of some protection [of the right of privacy], there can, it is believed, be no doubt. The press is overstepping in every direction...
Rethinking the Substantive Due Process Right to Privacy: Grounding Privacy in the Fourth Amendment
I. INTRODUCTIONLittle in the jurisprudence of the Supreme Court has spurred as much controversy as the Court's recognition of a constitutional right to privacy. While implicitly acknowledging that such a right is not listed in the text of the Constitution,...
Special Project+ Privacy
Privacy has long been a matter of particular concern in the minds of Americans. Indeed, privacy concerns were at the crux of the American Revolution. The earliest days of colonial life saw creation of laws protecting the individual against eavesdropping,...
The New Commerce Clause Doctrine in Game Theoretical Perspective
The Roberts Court emerges at a critical juncture in the development of Commerce Clause doctrine. While the Commerce Clause doctrine implicates federalism and separation of powers, concerns rooted in the earliest part of our constitutional history, the...
Toothless HIPAA: Searching for a Private Right of Action to Remedy Privacy Rule Violations
I. INTRODUCTION"All that may come to my knowledge in the exercise of my profession ... which ought not to be spread abroad, I will keep secret and will never reveal. "-Hippocratic Oath.1A Midwestern banker, who also served as a member of his county's...

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