Now showing items 1333-1352 of 1363

    • Fitzpatrick, Brian T. (Vanderbilt Law Review, 2020)
      In Professor Redish's review of my new book, The Conservative Case for Class Actions, he argues that liberals should oppose the class action because the cy pres doctrine used to distribute settlement money is democratically ...
    • Slobogin, Christopher (Iowa Law Review Bulletin, 2012)
      effrey Bellin’s article, Crime Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World, argues that the severity of the crime under investigation ought to be taken into account ...
    • Newton, Michael A., 1962-; Kuhlman, Casey (Netherlands Yearbook of International Law, 2010)
      Commanders are the critical path enabling the formation and employment of any fighting organization. By extension, their units are most militarily effective where they are governed by adequate control mechanisms. The classic ...
    • Schlunk, Herwig J. (Mississippi Law Journal, 2009)
      Some states (like Florida and Texas) collect retail sales taxes but no income taxes; one state (Oregon) collects income taxes but no retail sales taxes; most states collect both. This paper examines the decision of a state ...
    • Slobogin, Christopher, 1951- (University of Illinois Law Review, 1999)
      This article makes the case against the exclusionary rule from a "liberal" perspective. Moving beyond the inconclusive empirical data on the efficacy of the rule, it uses behavioral and motivational theory to demonstrate ...
    • Viscusi, W. Kip (The Georgetown Law Journal, 1998)
      My analysis of punitive damages in environmental and products liability cases concludes that these awards impose substantial costs on society, and that abolishing punitive damages would improve social welfare. The two ...
    • Sherry, Suzanna (Green Bag, 2013)
      Too much of a good thing can be bad, and democracy is no exception. In the United States, the antidote to what the drafters of the Constitution called “the excess of democracy” is judicial review. Lately, however, judicial ...
    • Serkin, Christopher (Vanderbilt Law Review, 2020)
      Zoning is the quintessential wicked problem. Professors Rittel and Webber, writing in the 1970s, identified as "wicked" those problems that technocratic expertise cannot necessarily solve.' Wicked problems arise when the ...
    • Cheng, Edward K. (Michigan Law Review, 2009)
      Professor Ian Ayres, in his new book, Super Crunchers, details the brave new world of statistical prediction and how it has already begun to affect our lives. For years, academic researchers have known about the considerable ...
    • Edelman, Paul H.; Thomas, Randall S.; Jiang, Wei (Texas Law Review, 2019)
      Dual-class voting systems have been widely employed in recent initial public offerings by large tech companies, but have been roundly condemned by institutional investors and the S&P 500. As an alternative, commentators ...
    • Edelman, Paul L.; Jiang, W.; Thomas, Randall S. (Texas Law Review, 2019)
      Dual-class voting systems have been widely employed in recent initial public offerings by large tech companies but have been roundly condemned by institutional investors and the S&P 500. As an alternative, commentators ...
    • Hansen, Hugh; Ficsor, Mihaly; Sukin, Michael; Owens, Richard (Vanderbilt University Law School, 2007-10-26)
      Issues discussed: Nature and scope of rights concerned; technological protection measures (TPM) and rights management information; the challenges ahead: systems interoperability and market access. Role of identification ...
    • Gervais, Daniel J., 1963-; Baptiste, Eric; Collins, Patrick; Lubin, Steve; Rechardt, Lauri; Griffin, Jim (Vanderbilt University Law School, 2007-10-26)
      Issues discussed: Consumer electronics and rights management: file-sharing, MP3, Pod casting, station-ripping, streaming and other digital services; music, video and TV programs on mobile telephones, such as the UMTS ...
    • Simson, John L.; Balchin, Alan; Churgin, Gary; Riggle, Greg; Steinberg, Michael; Candilora, Vincent (Vanderbilt University Law School, 2007-10-26)
      Issues discussed: Conditions and licensing techniques. Fee structures. Collection and distribution of fees. New uses for modern technology. Reciprocal representation agreements between collective management organizations. ...
    • Schuster Vergara, Santiago; Mello, Roberto; Bouchard, Mario; Morris, Scot; Demas, Allison (Vanderbilt University Law School, 2007-10-26)
      Issues discussed: What are the main problems encountered by societies in developing countries? The management of national and international repertoire. The role of governments and/or judiciary in the establishment and ...
    • Baskin, David; Marks, Steven; Sanders, Charles; Peters, Marybeth; Hughes, Laurie; Blomqvist, Jorgen (Vanderbilt University Law School, 2007-10-26)
      Issues discussed: The relationship between compulsory licenses and collective rights management. The proposal to abolish the mechanical license in Section 115 of the US Copyright Act and reactions thereto. What would be ...
    • Polach, Patricia; Berenson, Marvin; Marks, Steven; Caballero, Jose Luis; Spurgeon, Paul; Nuttall, Francois-Xavier (Vanderbilt University Law School, 2007-10-26)
      Issues discussed: Measures to combat illegal downloading. Are technical means, including digital rights management, relevant and efficient to fight against Internet piracy? The role of each category of rights owners in the ...
    • Friedman, Daryl P.; Chaitovitz, Ann; Ficsor, Mihaly; McGivern, Joan (Vanderbilt University Law School, 2007-10-26)
      Issues discussed: The agenda of the music industry and content providers. Towards catalogues of music on line. Consequences and impact of the new online music destination, offering ad-supported legal downloads of audio and ...
    • Moran, Beverly I. (Wisconsin Law Review, 2000)
      The big question that the Wisconsin diploma privilege raises is whether waivers into practice upon graduation can work outside the Dairy State. Is Wisconsin simply so unique that its successful experience cannot be replicated ...
    • Sherry, Suzanna (Minnesota Law Review, 1993)
      Over the past two and a quarter centuries, Americans have understood rights and liberties in a variety of different ways. What I hope to do in this essay is to describe the two most prominent traditions of our heritage of ...