Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 214-233 of 595

    • Homogenized Law: Can the United States Learn from African Mistakes? 
      Moran, Beverly I. (Fordham International Law Journal, 2001)
      For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law ...
    • Housework, Wages, and the Division of Housework Time for Employed Spouses 
      Hersch, Joni, 1956-; Stratton, Leslie S. (American Economic Review Papers and Proceedings, 1994)
      While the popular press may have declared housework passe with the advent of the two-income household (see "Housework is Obsolescent" by Barbara Ehrenreich [1993] for one such example), the facts indicate that housework ...
    • How Do Judges Think About Risk? 
      Viscusi, W. Kip (American Law and Economics Review, 1999)
      A sample of almost 100 judges exhibited well-known patterns of biases in risk beliefs and reasonable implicit values of life. These biases and personal preferences largely do not affect attitudes toward judicial risk ...
    • How I Learned to Stop Worrying and Love Double Taxation 
      Schlunk, Herwig J. (Notre Dame Law Review, 2003)
      This Article is divided into three Parts. The first Part is devotedto an example demonstrating that, while double taxation may be gratuitous in a purely domestic context, it invariably becomes necessary in a multinational ...
    • How Modern Choice of Law Helped to Kill the Private Attorney General 
      O'Connor, Erin O'Hara, 1965- (Mercer Law Review, 2013)
      It is a great honor to be asked to deliver the second Annual Brainerd Currie Lecture at Mercer University School of Law. Brainerd Currie was an immensely influential law professor who is recognized as the leading scholar ...
    • Human Health Risk Assessments for Superfund 
      Viscusi, W. Kip; Hamilton, James, 1961- (Ecology Law Quarterly, 1994)
      The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is scheduled for reauthorization in the spring of 1995, and Congress must decide either to continue the Superfund program in its current ...
    • Human Rights Beyond the War on Terrorism: Extradition Defenses Based on Prison Conditions in the United States 
      Sharfstein, Daniel J. (Santa Clara Law Review, 2002)
      The death penalty presents an issue where a clearly stated norm that is widely held by U.S. allies exists in stark contrast to U.S. practices. The war on terrorism has shone a spotlight on European refusals to extradite ...
    • The Idea of "The Criminal Justice System" 
      Mayeux, Sara (American Journal of Criminal Law, 2018)
      The phrase “the criminal justice system” is ubiquitous in discussions of criminal law, policy, and punishment in the United States — so ubiquitous that almost no one thinks to question the phrase. However, this way of ...
    • Illustrating Illegitimate Lawfare 
      Newton, Michael A., 1962- (Case Western Reserve Journal of International Law, 2010)
      Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide ...
    • The Impact of Nonmarket Work on Market Wages 
      Hersch, Joni, 1956- (American Economic Review: Papers and Proceedings, 1991)
    • The Impact of Occupational Safety and Health Regulation, 1973-1983 
      Viscusi, W. Kip (Rand Journal of Economics, 1986)
      Using a sample of manufacturing industries from 1973 to 1983, this article reexamines OSHA's impact on workplace safety. Evidence supporting OSHA's effectiveness is stronger than that presented in most previous studies ...
    • The Impact of the Impact Bias on Negotiation 
      Guthrie, Chris; Sally, David (Marquette Law Review, 2004)
      The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption ...
    • The Implications of Prison Privatization on the Conduct of Prisoner Litigation Under 42 U.S.C. Section 1983 
      Kay, Susan L.; Kay, Susan L. (Vanderbilt Law Review, 1987)
      Prisoners often seek redress in federal courts through causes of action brought under 42 U.S.C. Section 1983 for violations of their constitutional rights caused by the overall condition of their confinement or by one ...
    • Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress 
      Sherry, Suzanna; Heald, Paul J., 1959- (University of Illinois Law Review, 2000)
      Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins ...
    • In Defense of Author Prominence: A Reply to Crespi and Korobkin 
      George, Tracey E.; Guthrie, Chris (Florida State University Law Review, 1999)
      We set out to provide our ranking of specialized reviews for three reasons. First, given the dearth of published information about the specialized law review phenomenon, we sought to provide some basic information about ...
    • In Defense of Regulatory Peer Review 
      Ruhl, J. B.; Salzman, James (Washington University Law Review, 2006)
      The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain ...
    • In Family Law, Love's Got a Lot to Do With It: A Response to Phillip Shaver 
      Maroney, Terry A. (Virginia Journal of Social Policy & the Law, 2009)
      In a contribution to this Symposium on Law and Emotion: Re-Envisioning Family Law, Phillip Shaver and his co-authors succinctly encapsulate contemporary psychological theory on interpersonal attachment -- primarily ...
    • In Search of a Unifying Principle for Article V of the Uniform Trust Code: A Response to Professor Danforth 
      Schoenblum, Jeffrey A. (Cardozo Law Review, 2006)
      Professor Robert Danforth's exploration of spendthrift trusts in Article Five of the UTC and the Future of Creditors 'Rights in Trusts is a superb piece of work. Professor Danforth analyzes with considerable acuity the ...
    • Inadvertent Implications of the War Powers Resolution 
      Newton, Michael A., 1962- (Case Western Reserve Journal of International Law, 2012)
      The constitutional infirmity of the War Powers Resolution has been uniformly demonstrated by more than four decades of bipartisan experience. The Resolution manifestly fails to eliminate the healthy interbranch tensions ...
    • Income Tax Rhetoric (or Why Do We Want Tax Reform?) 
      Moran, Beverly I. (Wisconsin Law Review, 1992)
      The 1992 presidential election is over but the United States economy still faces hard times. Each man who hoped to lead us promised to revive our sick economy, and each cure promised included a strong dose of tax reform. ...