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Student Handbook 2013-2014
No full textThe Vanderbilt University Student Handbook is produced by the Office of the Dean of Students for student reference. This document contains policies and guidelines for students at the University
Treating Juveniles Like Juveniles: Getting Rid of Transfer and Expanded Adult Court Jurisdiction
No full textarticle published in law reviewThe number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and decreases public safety, transfer should be abolished. It also argues that the diminished culpability rationale that has had much-deserved success at eliminating the juvenile death penalty and mandatory life without parole for juveniles is not likely to have a major impact on the much more prevalent practices of transferring mid- and older-adolescents to adult court and expanding adult court jurisdiction to adolescents; neither the law nor developmental science justifies the conclusion that juvenile offenders deserve significant mitigation in the non-capital context. If instead juvenile justice is reconceptualized as a preventive mechanism rather than a punishment regime (as laid out in the book I co-authored, "Juveniles at Risk: A Plea for Preventive Justice"), transfer becomes much less alluring. If the primary goal of juvenile justice is public safety, with retribution conceived as an important goal only to the extent that recognizing it is necessary to ensure systemic legitimacy, then maintaining an adult court option for juveniles (and imposing long sentences on them) becomes unnecessary and counterproductive. Appended to this article is another article, written for the ABA’s Criminal Justice Magazine, that fleshes out how a risk management regime would work in a prevention-oriented juvenile justice system
Simplicial Complexes Obtained from Qualitative Probability Orders
No full textarticle published in a peer reviewed, open access journal.The goal of this paper is to introduce a new class of simplicial complexes that
naturally generalize the threshold complexes. These will be derived from qualitative probability orders on subsets of a finite set that generalize subset orders induced by probability measures. We show that this new class strictly contains the threshold complexes and is strictly contained in the shifted complexes. We conjecture that this class of complexes is exactly the set of strongly acyclic complexes, a class that has previously appeared in the context of cooperative games. Beyond the results themselves, this new class of complexes allows us to refine our understanding of one-point extensions of a particular oriented matroid
Vanderbilt Hustler; Vol. 125 Iss. 2 January 10, 2013
No full textThe official student newspaper at Vanderbilt University
Vanderbilt Hustler; Vol. 125 Iss. 7 January 28, 2013
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Vanderbilt Hustler; Vol. 125 Iss. 34 September 4, 2013
No full textThe official student newspaper at Vanderbilt University
Vanderbilt Hustler; Vol. 125 Iss. 37 September 25, 2013
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Vanderbilt Hustler; Vol. 125 Iss. 46 November 20, 2013
No full textThe official student newspaper at Vanderbilt University
Corporate Personhood and the Corporate Persona
No full textarticle published in law reviewIn 2010, the U.S. Supreme Court held in Citizens United v. FEC that restrictions on corporate political speech were unconstitutional because of the First Amendment rights granted corporations as a result of their status as "persons" under the law. Following this decision, debate has been rekindled among legal scholars about the meaning of "corporate personhood." This debate is not new. Over the past two centuries, scholars have considered what corporate personhood means and entails. This debate has resulted in numerous theories about corporate personhood that have come into and out of favor over the years, including the "artificial person" theory, the "contractual" theory, the "real entity" theory, and the "new contractual" theory.
This Article revisits that debate by examining the various functions of corporate personhood including four functions I have identified in previous work: (1) providing continuity and a clear line of succession in property and contract, (2) providing an "identifiable persona" to serve as a central actor in carrying out the business activity, (3) providing a mechanism for separating pools of assets belonging to the corporation from those belonging to the individuals participating in the enterprise, and (4) providing a framework for self-governance of certain business or commercial activity. In this Article, I focus on the historical evolution of the corporate form, and specifically on how and why corporations have tended to develop clearly identifiable corporate personas. This corporate persona function is highly important to today's corporations and, because of this function, corporations can become more than simply the sum of their parts. This Article suggests that scholars should keep the corporate persona function in mind in evaluating corporate personhood theories, and return to a theory that sees corporations as more than a bundle of contracts