Volume 72, Number 3
(April 2019)
Law and Neighborhood Names
Apr. 30, 2019—Nestor M. Davidson & David Fagundes | 72 Vand. L. Rev. 757 (2019) | Law-and-Neighborhood-Names This Article provides a novel investigation of how law both enables and constrains the ability of city residents to claim, name, and often rename their neighborhoods. A rich interdisciplinary dialogue in fields such as geography and sociology has emerged on...
Presidential Factfinding
Apr. 30, 2019—Shalev Roisman | 72 Vand. L. Rev. 825 (2019) | Presidential-Factfinding The modern President possesses enormous power. She can use military force abroad without congressional authorization, impose economic sanctions on foreign powers, or enter into trade agreements with foreign states. She can do all this on her own, with little constraint. Or so it seems....
Incapacitating Criminal Corporations
Apr. 30, 2019—W. Robert Thomas | 72 Vand. L. Rev. 905 (2019) | Incapacitating-Criminal-Corporations If there is any consensus in the fractious debates over corporate punishment, it is this: a corporation cannot be imprisoned, incarcerated, jailed, or otherwise locked up. Whatever fiction the criminal law entertains about corporate personhood, having a physical “body to kick”—and, by extension,...
Irrational Ignorance at the Patent Office
Apr. 30, 2019—Michael D. Frakes & Melissa F. Wasserman | 72 Vand. L. Rev. 975 (2019) | Irrational-Ignorance-at-the-Patent-Office There is widespread belief that the Patent Office issues too many “bad” patents that impose significant harms on society. At first glance, the solution to the patent quality crisis seems straightforward: give patent examiners more time to review applications...
The Better Way to Stop Delay: Analyzing Speedy Sentencing Claims in the Wake of Betterman v. Montana
Apr. 30, 2019—Sarah R. Grimsdale | 72 Vand. L. Rev. 1031 (2019) | The-Better-Way-to-Stop-Delay-Analyzing-Speedy-Sentencing-Claims-in-the-Wake-of-Betterman-v.-Montana In Betterman v. Montana, the U.S. Supreme Court held that the Sixth Amendment’s speedy trial right terminates after a defendant’s conviction. In dicta, the Court suggested that a defendant might pursue a constitutional claim of undue sentencing delay under the Due Process Clause....
Sunny and Share: Balancing Airspace Entitlement Rights Between Solar Energy Adopters and Their Neighbors
Apr. 30, 2019—Joshua B. Landis | 72 Vand. L. Rev. 1075 (2019) | Sunny-and-Share-Balancing-Airspace-Entitlement-Rights-Between-Solar-Energy-Adopters-and-Their-Neighbors In an effort to ameliorate the effects of climate change, state and local governments have made increasingly large commitments to support solar energy adoption. For solar investments to be successful, however, solar adopters require unobstructed access to sunlight, which is directly at odds...
Online Appendix to Irrational Ignorance at the Patent Office
Apr. 27, 2019—Online-Appendix-to-Irrational-Ignorance-at-the-Patent-Office AUTHORS: Michael D. Frakes & Melissa F. Wasserman