Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 54, No. 2, March

Can the Market Evaluate Legal Regimes? A Response to Professors Rasmussen, Thomas, and Skeel
INTRODUCTION Scholarly projects benefit from thoughtful criticism-particularly by those committed to a contrary view. For that reason, I feel fortunate that the three leading proponents of the efficiency of Delaware bankruptcy reorganization have taken...
Constitutional Issues Raised by States' Exclusion of Fertility Drugs from Medicaid Coverage in Light of Mandated Coverage of Viagra
I. INTRODUCTION On July 2, 1998, officials at the Health Care Financing Administration ("HCFA"), the federal agency responsible for administering the Medicaid program,' mandated that state Medicaid programs provide coverage for the impotency drug Viagra.2...
Employment Discrimination by Religious Institutions: Limiting the Sanctuary of the Constitutional Ministerial Exception to Religion-Based Employment Decisions
I. INTRODUCTION A religious organization enters a contract with a builder to construct a new facility and breaches the contract; a student at a private, religiously-affiliated school slips on a patch of ice and is seriously injured because of the school...
Judges Cooperating with Scientists: A Proposal for More Effective Limits on the Federal Trial Judge's Inherent Power to Appoint Technical Advisors
I. INTRODUCTION Scientifically complex cases challenge the expertise of federal trial judges.1 Nonetheless, the United States Supreme Court has held that federal trial judges must take an active role in determining the admissibility of scientific evidence.2...
The Failure of Public Company Bankruptcies in Delaware and New York: Empirical Evidence of a "Race to the Bottom"
Commentators sometimes recognize Delaware's preeminence in corporate law, but they almost invariably treat Delaware's recent popularity as a bankruptcy venue choice as raising entirely different issues. In fact, the two are integrally related. Specifically,...
The Troubling Influence of Equality in Constitutional Criminal Procedure: From Brown to Miranda, Furman and Beyond
This Article identifies and critiques a view of the criminal-procedure clauses in the Bill of Rights that is revealed in Supreme Court decisions after Brown v. Board of Education. Professor Howe argues that the Court has gone astray in constructing these...
The Unclear "Clear and Unmistakable" Standard: Why Arbitrators, Not Courts, Should Determine Whether a Securities Investor's Claim Is Arbitrable
I. INTRODUCTION When an individual investor opens an account with a securities broker, the customer often must sign a standard-form contract as a precondition of conducting business with the broker.' This nonnegotiable contract, referred to as a Customer...
What's So Bad about Delaware?
INTRODUCTION ................................................................309 I. A GAP BETWEEN INVESTORS' BELIEFS AND EFFICIENCY? ... 313 II. WHAT DO THE FAILURE RATE DATA TELL US? .............317 III. DO WE NEED A REORGANIZATION CZAR? ...............322...
Whither the Race? A Comment on the Effects of the Delawarization of Corporate Reorganizations
1. INTRODUCTION ........................283 II. THE RACE TO DELAWARE ............... 286 III. WHY REFILINGS? ...................293 IV. THE DIVERGENCE BETWEEN DATA AND CONCLUSIONS ........299 A. What is the Relationship Between Bankruptcy Filings in...

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