Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 1158-1177 of 1354
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(Minnesota Law Review, 2013)This Article addresses a topic of contemporary public policy significance: the optimal allocation of law enforcement authority in our federalist system. Proponents of “competitive federalism” have long argued that assigning ...
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(Duke Law Journal, 2006)Courts and scholars have largely overlooked the constitutional source and scope of a state executive's powers to avert and respond to crises. This Article addresses how actual and perceived legal barriers to executive ...
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(Notre Dame Law Review, 2000)There is a joke making the rounds that purports to explain the Supreme Court's 1998-1999 Term, especially the three federalism cases decided on the last day: The Y2K bug hit the Court six months early, and the Court thought ...
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(Arkansas Law Review, 2004)Among the matters that have occupied scholars of the Constitution of the United States, four related themes have frequently recurred. One concerns the character of the founding. The second concerns the ongoing implications ...
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(Seton Hall Law Review, 1994)There is little question that the imposition of constraints on awards and other pro-defendant changes in the liability regime will reduce liability costs. However, the patterns observed in the federal courts are quite ...
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(Stanford Law Review, 2014-04)This is the second of two Articles relaying the results of the most extensive survey to date of 137 congressional drafters about the doctrines of statutory interpretation and administrative delegation. The first Article ...
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(Stanford Law Review, 2013)What role should the realities of the legislative drafting process play in the theories and doctrines of statutory interpretation and administrative law? The ongoing debates frequently turn on empirical assumptions about ...
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(Widener Journal of Public Law, 1999)In this Article, I assess one of the more notable reforms Florida made to its APA in 1996 with the intention of enhancing the accountability of agency rulemaking, and I discuss the lessons other state reformers can learn ...
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(Iowa Law Review, 2005)American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of ...
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(Brigham-Kanner Property Rights Conference Journal, 2019)The Contract Clause is no longer the subject of much judicial solicitude or academic interest.' Since the 1930s the once potent Contract Clause has been largely relegated to the outer reaches of constitutional law.2 This, ...
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(Vanderbilt Law Review, 2014)With the maximum rate of federal income tax at 39.6 percent, the Medicare surtax on investment income of 3.8 percent, and some state income tax rates exceeding 9 percent, taxpayers in the highest brackets have been seeking ...
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(Judicature, 1996)Of the various selection methods that contribute to the underrepresentation of members of racial and ethnic minority groups on juries, peremptory challenges have attracted the most attention in recent years. Yet gains in ...
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(Northwestern University Law Review, 2006)This Article offers a new way of thinking about over criminalization. It argues that in regulating behavior, legislatures have relied excessively on statutory prohibitions and ex post enforcement by police and prosecutors. ...
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(Law & Contemporary Problems, 1986)For more than a decade, the Occupational Safety and Health Administration (OSHA) has been regulating the technology and work practices of employers. This governmental function is relatively new and is quite different ...
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(Seton Hall Law Review, 2003)This essay, part of a two-issue symposium on the implications of Daubert v. Merrell Dow Pharmaceuticals and its progeny, is built around three propositions about expert testimony and criminal cases. First, the "Daubert ...
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(New York University Law Review, 1998)The 1980s and 1990s witnessed an extraordinary amount of police, legislative, judicial, scholarly, and community activity around hate crime. Such activity was attributable to a new "anti-hate-crime movement," conditions ...
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(DePaul Law Review, 2005)This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or ...
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(Minnesota Law Review, 2017)In making the case for increased attention to and expanded legal remedies for disabled women who experience labor market discrimination, this Article proceeds as follows: Part I reviews previous work on intersectional ...
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(University of Chicago Law Review, 2012)This Article argues for a new and unexpected mechanism of judicial accountability: suing courts. Current models of court accountability focus almost entirely on correcting legal errors. A suit against the court would ...
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(The Green Bag Almanac & Reader, 2008)In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship, we began the study of the legal academy's collaboration network. When mathematicians discuss the nature of collaboration in their field they ...