Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 1334-1353 of 1354

    • Why Criminal Culpability Should Follow the Critical Path: Reframing the Theory of "Effective Control" 
      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 ...
    • Why Every State Should Have an Income Tax (and a Retail Sales Tax, Too) 
      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 ...
    • Why Liberals Should Chuck the Exclusionary Rule 
      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 ...
    • Why There is No Defense of Punitive Damages 
      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 ...
    • Why We Need More Judicial Activism 
      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 ...
    • The Wicked Problem of Zoning 
      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 ...
    • Will Quants Rule the (Legal) World? 
      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 ...
    • Will Tenure Voting Give Corporate Managers Lifetime Tenure? 
      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 ...
    • Will Tenure Voting Give Corporate Managers Lifetime Tenure? 
      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 ...
    • The Wisconsin Diploma Privilege: Try It, You'll Like It 
      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 ...
    • Without Virtue There Can Be No Liberty 
      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 ...
    • Women's Rights Litigation in the 1980s: More of the Same? 
      George, Tracey E., 1967-; Epstein, Lee, 1958- (Judicature, 1991)
      In the September 1983 issue of Judicature,Karen O'Connor and Lee Epstein published the results of their examination of the fate of gender-based cases in the U.S. Supreme Court during the 1970s. Overall, they found that the ...
    • Women's Virtue 
      Sherry, Suzanna (Tulane Law Review, 1989)
      Michael Perry's thoughtful jurisprudential musings in Morality, Politics, and Law get most things just right. His framework of moral knowledge and a constitution of aspirations resonates with much of the best of contemporary ...
    • Worker Learning and Compensating Differentials 
      Viscusi, W. Kip; Moore, Michael J., 1953- (Industrial and Labor Relations Review, 1991)
      In the standard compensating wage differential model, workers value their wage and workers' compensation components based on full job risk information. Market forces generate positive wage differentials as ex ante compensation ...
    • Workers' Compensation and Injury Duration: Evidence from a Natural Experiment 
      Viscusi, W. Kip; Meyer, Bruce D.; Durbin, David L. (The American Economic Review, 1995)
      This paper examines the effect of workers' compensation on time out of work. It introduces a "natural experiment" approach of comparing individuals injured before and after increases in the maximum weekly benefit amount. ...
    • Workers' Compensation: Wage Effects, Benefit Inadequacies, and the Value of Health Losses 
      Viscusi, W. Kip; Moore, Michael J., 1953- (The Review of Economics and Statistics, 1987)
      Using the 1977 Quality of Employment Survey in conjunction with BLS risk series and state workers' compensation benefit formulas, the authors assess the labor market implications of workers' compensation. Higher levels of ...
    • Working Both (Positivist) Ends Toward a New (Pragmatist) Middle in Environmental Law 
      Ruhl, J. B. (George Washington Law Review, 2000)
      This review of Daniel Farber's recent book Eco-pragmatism, in which he argues on behalf of taking more pragmatic approaches to the development of environmental policy, provides both the background necessary for appreciating ...
    • A World of Difference? Law Enforcement, Genetic Data, and the Fourth Amendment 
      Slobogin, Christopher; Hazel, James W. (Duke Law Journal, 2021)
      Law enforcement agencies are increasingly turning to genetic databases as a way of solving crime, either through requesting the DNA profile of an identified suspect from a database or, more commonly, by matching crime scene ...
    • World Without a Fourth Amendment 
      Slobogin, Christopher, 1951- (UCLA Law Review, 1991)
      The subject of this Article is suggested by a single question: How would we regulate searches and seizures if the Fourth Amendment did not exist? This question is a useful one to ask even leaving aside the possibility of ...
    • Wrong, Out of Step, and Pernicious: Erie as the Worst Decision of All Time 
      Sherry, Suzanna (Pepperdine Law Review, 2011)
      This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude ...