Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 1218-1237 of 1354

    • Textualism and Judgment 
      Sherry, Suzanna (George Washington Law Review, 1998)
      Akhil Amar has written a provocative defense of textualism as a method of constitutional interpretation. In the book from which his essay is drawn, Professor Amar uses his textualist method to interpret the Bill of Rights ...
    • A Theoretic Analysis of Corporate Auctioneers Liability Regimes 
      Thomas, Randall S., 1955-; Hansen, Robert Gordon, 1957- (Wisconsin Law Review, 1992)
      In Schneider v. Lazard Freres & Co. a New York appellate court greatly expanded the liability of investment advisers working as corporate auctioneers. Under this new legal regime, auctioneer/advisers accused of simple ...
    • A Theory of Representative Shareholder Suits and its Application to Multijurisdictional Litigation 
      Thomas, Randall S., 1955-; Thompson, Robert B., 1949- (Northwestern University Law Review, 2012)
      We develop a theory to explain the uses and abuses of representative shareholder litigation based on its two most important underlying characteristics: the multiple sources of the legal rights being redressed (creating ...
    • There are Plaintiffs and . . . There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements 
      Thomas, Randall S., 1955-; Cox, James D.; Bai, Lynn (Vanderbilt Law Review, 2008)
      In this paper, we examine the impact of the PSLRA and more particularly the impact the type of lead plaintiff on the size of settlements in securities fraud class actions. We thus provide insight into whether the type of ...
    • They, Them, and Theirs 
      Clarke, Jessica A. (Harvard Law Review, 2019-01)
      Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as "they, them, and theirs," and recognition of a third-gender ...
    • They, Them, and Theirs 
      Clarke, Jessica (Harvard Law Review, 2019)
      Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as “they, them, and theirs,” and recognition of a third gender ...
    • Thinking of Environmental Law as a Complex Adaptive System: How to Clean Up the Environment by Making a Mess of Environmental Law 
      Ruhl, J.B. (Houston Law Review, 1997)
      This article is the fourth in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It applies the model built in the three prior installments (in the Duke, Vanderbilt, ...
    • Thinking of Mediation As a Complex Adaptive System 
      Ruhl, J. B. (Brigham Young University Law Review, 1997)
      This article uses my work on complex adaptive systems to think about how litigation and mediation differ in terms of adaptive qualities, suggesting that mediation is indeed a more adaptive mode of dispute resolution in ...
    • The Third-Party Defense to Hazardous Waste Liability: Narrowing the Contractual Relationship Exception 
      Ruhl, J. B. (South Texas Law Review, 1987)
      This article focuses on one of the defenses to CERCLA liability, specifically, the third-party defense set forth in section 107(b)(3) of the Act [CERCLA § 107(b)(3), 42 U.S.C. § 9607(b)(3) (1982)] ... The particular concern ...
    • Three Questions for Agriculture About the Environment 
      Ruhl, J. B. (Journal of Land Use & Environmental Law, 2002)
      This article is the third in my series studying agriculture and environmental law. It asks why agriculture has not evolved toward more environmentally responsible behavior and points to possible "green" solutions that will ...
    • "The Threes" 
      George, Tracey E.; Guthrie, Chris (Vanderbilt Law Review, 2008)
      Law school professors control the production of lawyers and influence the evolution of law. Understanding who is hired as a tenure-track law professor is of clear importance to debates about the state of legal education ...
    • "The Threes": Re-Imagining Supreme Court Decisionmaking 
      Guthrie, Chris; George, Tracey E. (Vanderbilt Law Review, 2008)
      In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decisionmaking. We recognize, of course, that this ...
    • "The Threes": Re-Imagining Supreme Court Decisionmaking 
      Guthrie, Chris; George, Tracey E. (Vanderbilt Law Review, 2008)
      In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decision making... With respect to the prospect ...
    • Through the Lens of the Sequence 
      Clayton, Ellen Wright (Genome Research, 2001)
      The completion of the rough draft of the human genome is a scientific feat worthy of celebration. But the media attention that has been devoted to the Human Genome Project demonstrates that most people are not as ...
    • Time-Shifted Rationality and the Law of Law's Leverage 
      Jones, Owen D. (Northwestern University Law Review, 2001)
      A flood of recent scholarship explores legal implications of seemingly irrational behaviors by invoking cognitive psychology and notions of bounded rationality. In this article, I argue that advances in behavioral biology ...
    • Time-Shifted Rationality and the Law of Law's Leverage 
      Jones, Owen D. (Northwestern University Law Review, 2001)
      A flood of recent scholarship explores legal implications of seemingly irrational behaviors by invoking cognitive psychology and notions of bounded rationality. In this article, I argue that advances in behavioral biology ...
    • Timing Matters: Promoting Forum Shopping by Insolvent Corporations 
      Thomas, Randall S., 1955-; Rasmussen, Robert K. (Northwestern University Law Review, 2000)
      Most commentators decry forum shopping. This general hostility extends to forum shopping by firms filing for bankruptcy. Indeed, Congress is considering legislation designed to reduce forum shopping by companies filing for ...
    • To Transfer or Not to Transfer: Identifying and Protecting Relevant Human Rights Interests in Non-Refoulement 
      Padmanabhan, Vijay (Fordham Law Review, 2011)
      Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman or degrading ...
    • Tonal Concept and Feel 
      Fishman, Joseph (Cardozo Arts & Entertainment Law Journal, 2021)
      In the world of music-copyright litigation, “feel” has lately become a controversial word. Musical feel, some have argued, is becoming too propertized. When a jury in 2015 found the writers of the hit song “Blurred Lines” ...
    • Too Clever By Half: The Problem with Novelty in Constitutional Law 
      Sherry, Suzanna (Northwestern University Law Review, 2001)
      As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism ...